Terms of Use Agreement
Welcome to Private Property Listings of Australia. We maintain this web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
(“Agreement”) with respect to our site (the “Site”). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreement, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement prior
To using the Site.
2. Copyright
The content, organisation, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or publication by
of any such matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any rights in such information and materials.
3. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely by you
for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution.)
4. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
5. Indemnification
You agree to indemnify, defend and hold us and our partners, solicitors, staff
and affiliates (collectively, “Affiliated Parties”) harmless from any liability,
loss, claim and expense, including reasonable solicitors fees, related to your
violation of this Agreement or use of the Site.
6. Non-transferable
Your right to use the Site is not transferable. Any password or right given to you
to obtain information or documents is not transferable.
7. Disclaimer and Limits
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS”“AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.) THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIVE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SEVICES OR INFORMATION ONLY.
8. Use of Information
We reserve the right, and you authorise us to the use and assignment of all information regarding Site uses by you and all information provided by you in any
Manner consistent with our Privacy Policy.
9. Third Party Services
We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products for services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
10. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
11. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
12. Payments
You represent and warrant that if you are purchasing something from us or from Merchants that
(i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honoured by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices, including GST
(if applicable.)
13. Securities Laws
This Site may include statements concerning our operations, prospects, strategies,
financial condition, future condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates”, “excepts,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbours for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
14. Links to Other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on lour Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
15. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information :
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An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
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A description of the copyrighted work that you claim has been infringed.
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A description of where the material that you claim is infringing is located on the Site.
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Your address, telephone number, and email address
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A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
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A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Please send all notices of claims of copyright infringement on the Site to:
Private Property Listings of Australia
PO Box 267,
Robina Mail Centre,
Robina, Qld. 4226
Australia.
16. Information and Press Releases
The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Queensland, Australia and shall be governed by and construed in accordance with the laws of the State of Queensland, Australia only (without regard to conflict of law principles.) Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Queensland, Australia only. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.