TERMS AND CONDITIONS
In this agreement:
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Our Website” means the entire computing hardware and software installation that is or supports the website, known as the domain name www.asset1.com.au
“Property” means any property or properties that we advertise for sale on Our Website.
“Terms and Conditions” means the terms and conditions published on Our Website. “Us or We” means Asset1 (“us” or “we”)
“You” means our customer
2.1 These Terms and Conditions apply, so far as the context allows, to you as a visitor to Our Website and in any event to you as a buyer or prospective buyer of our Property.
2.2 You agree to be bound by, and comply with, the Terms and Conditions.
2.3 We may change these Terms and Conditions from time to time, without notice to you. The Terms and Conditions that apply to you are those that are current on Our Website from time to time.
2.4 You agree to comply with all relevant laws relating to your use of Our Website, such use to be only in relation to the purchase of our Property, and not for any other commercial purpose.
2.5 You must not use Our Website for any activities that breach any law, infringe a third party’s rights or are contrary to any relevant
standards or codes, including but not limited to breaches of the Copyright Act 1968 (Cth).
3.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Property, at any time and without advance notice.
3.2 We give no warranty and make no representation, express or implied, as to:
3.2.1 the adequacy or appropriateness of the Property for your purpose;
3.2.2 the truth of any Content on Our Website published by someone other than us;
3.2.3 any implied warranty or condition as to merchantability or fitness of the Property for purpose other than that for which the
Property are reasonably used;
3.2.4 compatibility of Our Website with your equipment, software or telecommunications connection.
3.3 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Property.
3.4 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these
conditions by law, then our liability is limited to the maximum extent permitted by law.
4 Content and Intellectual Property Rights
4.1 We will defend the intellectual property rights in connection with our Property and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
4.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us. We will strongly protect those rights in all countries.
4.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
4.4 You may not use our name or logos or trademarks, nor any other Content on any website of yours or that of any other person unless we give you written permission to do so.
5 Privacy Act 1988 (Cth)
5.1 We hold, collect, use and disclose your personal information in accordance with the Privacy Act 1988.
5.2 We will not use any information collected from you for any commercial purpose unrelated to the performance of the obligations contemplated by these Terms and Conditions without your written consent. You acknowledge and agree that we are entitled to undertake all necessary enquiries, investigations, and assessments to ensure the accuracy of the information you have provided us; and further, that such information, as verified, may be used by us, and any authorised agent, employee, or subcontractor engaged by us, for the purpose of reviewing, vetting, monitoring, and if necessary, actioning your use and performance in the operation of the Account/Credit facility, including recovery of any outstanding account balance.
6 Miscellaneous provisions
6.1 When we communicate with you we do so by email, telephone, facsimile and mail. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post or facsimile.
6.2 Nothing in these Terms and Conditions or on Our Website shall confer on any third party any benefit or obligation.
6.3 If any of these Terms and Conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as
severable and shall not in any way affect any other of these Terms and Conditions.
6.4 No waiver by us, in exercising any right, power or provision in these Terms and Conditions shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
6.5 In the event of a dispute arising out of or in connection with these Terms and Conditions, or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing
arbitration or litigation.
6.6 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
6.7 These Terms and Conditions shall be governed by and construed in accordance with the law of Victoria, Australia. Asset1 Website Terms and Conditions Version 1.0, [date]