Terms


Propertystore maintains this site (the "Site") for your information, education and communication.Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below. If you do not agree with these Terms and Conditions, please do not continue to use the Site.

 Propertystore may revise or alter these Terms and Conditions at any time. Revisions and alterations will be posted on the Site and will be effective upon posting. Users are responsible for reviewing the Site from time to time to ensure compliance.

 

Terms and Conditions

 

1. Exclusion of Liability and Overall Disclaimer

Your use of the Site is at your risk. Propertystore is not liable to you or another person in contract or in tort (including, without limitation, in negligence) for any direct, incidental, consequential, indirect, special, punitive or exemplary damages, loss, liabilities, claims or expenses suffered by you or any other person including, without limitation, for any loss of business interest, revenue or profit arising out of any breach of, or other act or omission in connection with, these Terms and Conditions or your access to, or use of, or inability to use or access, the Site, including if caused by (i) any computer virus; (ii) any loss of on-line connection to the Site; (iii) any interruption to your business; or your downloading of any materials, data, text, images, video, or audio from the Site.

 

Propertystore makes no warranties or representations as to the accuracy or completeness of any information on, or accessible via, the Site ("Information"). Propertystore specifically disclaims any liability or responsibility for any errors or omissions in the Information. Except where expressly stated otherwise, Propertystore makes no warranties or guarantees in relation to the Site or the Information. Without limiting the foregoing, everything on the Site is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

All terms implied by law, except those that cannot lawfully be excluded, are excluded. Where it is not possible to exclude conditions, warranties or rights implied or given in respect of these Terms and Conditions by the Trade Practices Act 1974 or other laws, Propertystore's liability for breach of any such implied conditions, warranties and rights will, to the extent permitted by law, be limited, at the option of Propertystore, to: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.Liability for all other conditions, warranties and rights, including any implied by custom or other circumstances, are excluded.

 

2. Limitations of Use

If you are browsing this Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organisation, you may download material displayed on this Site only for non-commercial purposes within your business or organisation. This permission is conditional on your not removing or altering any copyright notice or other proprietary notice contained on the materials and on your compliance with these notices and these Terms and Conditions. You must not distribute or transmit (except, within your business or organisation), modify, reuse, report, or use the contents of the Site for public or commercial purposes, including (without limitation) the text, images, audio and video, without Propertystore's express written permission.

 

If Propertystore makes a request to you to stop using the Site or to promptly return or destroy copies of Information, you must immediately comply with that request, and, in relation to returning or destroying Information, confirm in writing to Propertystore within five (5) business days after that request, that you have done so.

 

3. Confidentiality

This clause 3 (Confidentiality) is subject to Propertystore's Privacy Policy, as described in clause 8 (Privacy) below.Any communication or material sent to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. By transmitting or posting any material to the Site, you grant to Propertystore or its nominee the right to use such communication or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Propertystore is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

 

4. Copyright

The Site is owned by Propertystore and is protected under Australian copyright laws.All material on the Site is protected by copyright of Propertystore or its licensors and must not be used except as expressly set out in these Terms and Conditions or in the text on the Site, where that text expressly states that it overrides these Terms and Conditions.Except to the extent such right cannot be excluded by law, you must not in any form or by any means, without the prior written consent of Propertystore:

 

  • copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any Information or material on the Site;

  • alter, decompile, disassemble, reverse engineer or modify any material or Information that you receive from or access on the Site; or

  • use or apply, for commercial purposes any Information or material on the Site.

 

Any software which you download from the Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide the terms of the licence. You must not use, reproduce or redistribute any software otherwise than in accordance with the relevant software licence.

 

5. Content

The Site refers to products and/or services that are generally available for purchase in Australia. The reference to any such products or services in the Site does not imply or warrant that those products or services will be available at any time. You should therefore check with an authorised local Propertystore representative for specific product/service availability in your locality.Product information in relation to products referred to in the Site has been provided by the respective manufacturers of the relevant products.

 

Product information and illustrations are published with the permission of the relevant manufacturer. The use of these materials by you, or on your behalf, is prohibited without the permission of the manufacturer.

 

Features and specifications of products described or depicted on the Site are subject to change without notice. All weights and dimensions mentioned are approximate. All screens are measured diagonally. All screen images on the Site are simulated, unless other indicated.

 

6. Links and Third Party Statements

Propertystore is not responsible for the content of any site linked to or from the Site. Use of links to any other website is entirely at your own risk. While Propertystore may provide links on the Site to other websites, the inclusion of such links is for your convenience only and is not an endorsement of the owner/sponsor of the site or the content of the site.

 

Although Propertystore may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Propertystore is under no obligation to do so and accepts no responsibility for the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting unlawful, threatening, harassing, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Propertystore will cooperate with any law enforcement authorities or court order requesting or directing Propertystore to disclose the identity of anyone posting such materials.

 

In addition, you will not:

 

  • restrict or inhibit any other user from using or enjoying the Site;

  • post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

  • download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.

 

7. Trademarks

All trademarks, brands and names appearing on the Site are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to, and you must not, use or exploit any patent, copyright, trademark or trade secret information.

 

8. Privacy

Propertystorewill treat personal information collected on this Site in accordance with the Privacy Act 1988 (Cth) and Propertystore's Privacy Policy. Propertystore's Privacy Policy is incorporated into these Terms and Conditions by reference and forms part of these Terms and Conditions.

 

9. Invalidity

Even if a part of these Terms and Conditions is, for any reason, invalid or unenforceable, the remaining part of these Terms and Conditions remains in fully effect as if it were without the invalid or unenforceable portion.

 

10. Notices

Any notice given in connection with these Terms and Conditions must be in writing and must be left at or sent by facsimile, pre-paid security post or email addressed to a party at the party's registered office or principal place of residence or business for the time being or at such other address as may be notified for the purpose of the service of notices.

 

A notice is deemed to have been given on the date on which it is left, in the case of a notice being sent by facsimile or email is deemed to have been given at the time of despatch, and in the case of a notice being sent by post is deemed to have been given three days after the date of posting.

 

11. Governing Law

These Terms and Conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.