If you wish to create a link from your site to the MarketPlace Warner Website (www.marketplacewarner.com.au) (Website), you acknowledge the following:
- You may link your site only to the home page of the Website.
- You must display the MarketPlace Warner URL (http://www.marketplacewarner.com.au/) and icon clearly and prominently, without in any way damaging the reputation of MarketPlace Warner, or suggest any association between MarketPlace Warner and other persons, organisations, goods and services, unless approved by MarketPlace Warner.
If MarketPlace Warner allows you to use MarketPlace Warner copyright material you may use it only in accordance with MarketPlace Warner’s directions from time to time, using only material supplied or approved by MarketPlace Warner, without any alteration and incorporating notices indicating MarketPlace Warner’s ownership of copyright material.
MarketPlace Warner may take legal action in respect of any use of MarketPlace Warner’s name or copyright material, without MarketPlace Warner’s permission, other than in accordance with MarketPlace Warner’s directions or in breach of MarketPlace Warner’s rights or your general legal obligations.
MarketPlace Logo and Love this Place are trade marks registered in Australia. For the purposes of these Terms, the MarketPlace Logo shall also include all logos used on the Website incorporating the MarketPlace logo, including (without limitation) the use of MarketPlace Warner.
Copyright in the information provided on, and available from, this Website is owned by MarketPlace Warner. You may not alter or modify this information in any way.
This information may be viewed online and may be reproduced in hard copy only for your personal reference. You may only use the trade marks and copyright material at this site with MarketPlace Warner’s express permission and in accordance with MarketPlace Warners directions from time to time
The use of, and creation of links to, this Website are at the risk of the user and are subject to MarketPlace Warner’s rights and the user’s general legal obligations. MarketPlace Warner makes no warranty and accepts no liability in relation to use of the trade marks outside Australia.
For further information about creating links to this Website and about using MarketPlace Warner material, contact MarketPlace Warner on 07 3882 6766.
MarketPlace Warner, its management and owners, do not warrant the accuracy, completeness or currency of information that is made available through this Website. Except for statutory liability which may not be excluded, MarketPlace Warner, its management and owners, will not be liable for or in connection with any loss or damage arising from any inaccuracies, errors or omissions in information made available through this Website. However, MarketPlace Warner, its management and owners, will endeavour to ensure that information is updated as soon as practicable when it becomes aware that material changes have occurred.
Intellectual Property Rights
You acknowledge and agree that:
MarketPlace Warner or its related corporations, is either the owner or the licenced user of the Intellectual Property Rights in the materials and information on this Website, including without limitation any logo, images, photographs, design, floorplans, text, graphic and their arrangement (“Content”).
Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of MarketPlace Warner or the written consent of the Intellectual Property Rights owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
Any MarketPlace Logos are owned by MarketPlace Warner or its related corporations or MarketPlace Warner is a licensed user. Any other trade marks appearing on this Website may be the trade marks of the relevant owners. You must not use any trade marks that appear on this Website without the written consent of the trade mark owner. You must not do anything to prejudice the rights of the trade mark owner or licensee of such trade marks or logos.
You agree that you will not use or copy the Website or any Content in any manner that is inconsistent with the rights of the owner of licensee of such Intellectual Property Rights. For the purposes of these Terms, Intellectual Property Rights shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
You acknowledge and agree that, as a user of this Website, if you contribute Content to the Website, such Content will become the property of MarketPlace Warner and you hereby assign all rights, title and interests in and to such contributions to MarketPlace Warner.
MarketPlace Warner reserves the right to remove any Content (and to the extent applicable, Feedback) from this Website at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content.
We update our site as often as practicable, but information can change rapidly and MarketPlace Warner does not guarantee the accuracy of any information on this Website at any time. All information, advice or other data on the Website is provided as general information only and should not be relied upon.
Security of Website
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst MarketPlace Warner strives to protect such information, MarketPlace Warner does not warrant and cannot ensure that security of any information (including personal information) which you transmit or disclosure to us. Accordingly, any information which you transmit to us via the Website is transmitted at your own risk.
You must indemnify and keep MarketPlace Warner (and its related bodies corporate, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand against MarketPlace Warner; or loss (including direct, indirect, special or consequential loss) or damages (including reasonably legal fees) suffered by MarketPlace Warner or any third party arising out of or relating to your conduct, your use of this Website, your breach of provisions the Terms, or your breach of any rights of any third parties, or the infringement by you, or by any other person using your computer or device, of any Intellectual Property Rights of any person.
Your conduct when using this Website
You acknowledge and accept that your use of the Website indicates your acceptance of these Terms and that you are responsible for all of your activity in connection with accessing the Website.
In accessing the Website, you must not:
- Use or make any attempts to use the Website for any purpose that is unlawful or prohibited by the Terms;
- take any steps to obtain unauthorised access to this Website or any parts thereof that are not opened to public access;
- disrupt or interfere with or make attempts to disrupt or interfere with:
- the Website;
- any other user’s enjoyment of this Website or Third Party Websites; or
- any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;
- engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;
- use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this Website without the express consent of MarketPlace Warner except as expressly authorised by the Terms;
- use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages of the Website;
- take any (or make attempts to take any) action that could damage, disable, overburden, impair or imposes an unreasonable or large load on the infrastructure of the Website;
- reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
- post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
- use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.
If you are dissatisfied with any portion of the Website, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Website.
In accessing this Website, you acknowledge and agree that:
- you must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. MarketPlace Warner reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise unlawful activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
- if MarketPlace Warner issues you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not; and
- you have exercised your independent judgment and have not relied on any representation made by MarketPlace Warner which has not been stated expressly in the Terms or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by MarketPlace Warner (which material may be out of date or superceded).
While MarketPlace Warner has endeavoured to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided “as is” and “as available” and MarketPlace Warner takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause MarketPlace Warner to be in breach of the Terms.
To the maximum extent permitted by law, MarketPlace Warner:
- disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
- will not be liable for any cost, loss or damage suffered by you through your use of the Website or MarketPlace Warner’s failure to provide access to the Website or any Third Party Websites or any information updates.
The Content may contain general information about MarketPlace Warners products and services. Unless expressly stated otherwise, the Content does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for MarketPlace Warner’s products and services;
- purport to provide you with personal financial or investment advice of any kind; or
- take account of your particular financial position or requirements.
Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described. Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.
MarketPlace Warner does not warrant or make any representations:
- that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website;
- in relation to the use or the results of the use of the Content or this Website as to their correctness, accuracy, reliability, or otherwise;
- that use of this Website will be compatible with the hardware and software you are using to access it; or
- that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.
MarketPlace Warner will not be liable for any indirect or consequential losses arising out of a breach of the Terms, or arising out of the supply of a defective program or incorrect materials.
Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, MarketPlace Warner (including our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect, consequential loss, punitive, incidental, special, including without limitation damages for loss of use, data or profits, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on MarketPlace Warner, or implied into the Terms, under any law are hereby excluded, even if MarketPlace Warner has been advised of the possibility of such damages.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into the Terms, which cannot be lawfully excluded, such terms will apply to the Terms, save that the liability of MarketPlace Warner for breach of any such implied term will be limited to the maximum extent possible, at the option of MarketPlace Warner, to any one or more of the following:
- the replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
- the repair of such goods or services;
- the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services;
- the payment of the cost of having the goods repaired or the services performed again.
Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under the Australian Consumer Law or any other legislation which may not be excluded, restricted or modified by agreement.
MarketPlace Warner reserves the right to make any change, add or remove any material in or from this Website without notice. MarketPlace Warner may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
Termination and Suspension
MarketPlace Warner reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.
Failure or neglect by MarketPlace Warner to enforce at any time any of the provisions of these Terms shall not be construed or deemed to be a waiver of the rights of MarketPlace Warner under these Terms. No waiver by MarketPlace Warner of its rights under these Terms shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
If any parts of the Terms are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms and it will not affect the validity and enforceability of the remaining provisions.
The Terms are governed by and construed in accordance with the laws of Queensland, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Queensland, Australia.