1.1 Advertiser means any third party who advertises their services or who otherwise contributes to Website Material.
1.2 Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.3 Conditions means these Terms and Conditions of Use.
1.4 Copyright Act means the Copyright Act 1968 (Cth).
1.5 FAQs means the Frequently Asked Questions contained on the Website.
1.6 HowtoProperty means HowtoProperty.com Pty Ltd (ACN 612 922 086).
1.7 Intellectual Property means all Website Material and literary, artistic works and other copyright works, processes, designs, user content, whether or not registrable in the Commonwealth of Australia or throughout the world which the User is granted access to whilst utilising the Website or Website Material.
1.8 User means any individual or entity who uses or accesses the Website.
1.9 Website means http://www.howtopropety.com.au.
1.10 Website Material means all content and data which make up the Website.
2 Scope of Agreement
2.1 A User is deemed to have agreed to be bound by these Conditions if the User browses Website Material or otherwise accesses the Website.
2.2 Access to the Website is subject to these Conditions contained herein to the exclusion of anything to the contrary.
2.3 The User’s failure to object to any of the any of these Conditions stated by HowtoProperty herein does not alter the following Conditions.
2.4 HowtoProperty retains the right to amend, vary or alter these Conditions from time to time by publishing new terms on the Website.
3 Previous Dealings
3.1 Previous dealings between HowtoProperty and the User shall not have any effect on these Conditions.
4 Use of Website
4.1 The User agrees and acknowledges that by accessing the Website, the User will only use the Website for the Website’s intended purpose.
4.2 The User agrees and acknowledges that access to the Website is limited to general information purposes and the User shall not use, distribute or reproduce the Website Material for any other purpose, whether it be for a commercial or financial purpose.
4.3 HowtoProperty makes no guarantees or gives no warranty that the Website or the Website Material will be available at all times or for the purpose the User may intend.
5 Intellectual Property
5.1 The parties agree and acknowledge that all Intellectual Property remains the absolute property of HowtoProperty, subject to the rights of any Advertiser.
5.2 Use of any Intellectual Property by the User which falls outside the scope of these Conditions is expressly prohibited.
5.3 The parties agree that all Website Material is protected by the Copyright Act and that all Website Material must not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way which is outside the scope of these Conditions.
5.4 The User agrees and acknowledges that the User shall not use the Website Material, the Website or any related content in a manner which infringes the copyright, moral rights or any other intellectual property of any third party.
6.1 The User warrants that the User:
(a) has the authority to enter into these Conditions;
(b) has read the FAQs prior to accessing the Website Material;
(c) will monitor and regularly attend to reviewing these Conditions and the FAQs;
(d) will comply with its obligations under clause 4, clause 5 and clause 6 of these Conditions.
6.2 The parties agree and acknowledge that any breach by the User of the warranties contained in clause 6.1 will be considered a material breach of these Conditions.
7.1 The User indemnifies and holds harmless HowtoProperty for any loss, claim or damage incurred by the User for any misuse of the Wesbite, Website Material and the Intellectual Property.
8.1 In the event that the supply of the Website is deemed to be supply under the Australian Consumer Law, the parties agree that nothing in these Conditions excludes, restricts or modifies the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law.
8.2 To the maximum extent permitted by law, HowtoProperty expressly and irrevocably disclaims any liability whatsoever for any loss or damage in connection with the use of the Website, including but not limited, to any representations made by HowtoProperty in respect of the Website Material supplied to the User by virtue of the Website.
8.3 Subject to the Australian Consumer Law, the entire risk of the User’s use of the Website is to the maximum extent permitted by law is limited and HowtoProperty will have no liability whatsoever for any loss, harm, damage cost or expense or any direct, special, indirect, punitive or consequential loss or damage in respect of the User’s use of the Website or Website Material.
8.4 HowtoProperty makes no representation and gives no warranty or guarantee as to the suitability, accuracy, quality, performance or fitness for purpose of the Website or the Website Material, and the parties agree and acknowledge that all such warranties or undertakings are excluded.
8.5 The User agrees and acknowledges that any of the information contained on the Website including but not limited to the Website Material is not to be considered professional, legal, financial or real estate advice or a formal recommendation and any such representations and warranties are hereby excluded.
8.6 Any advice which an Advertiser provides to a User is at the User’s own risk and HowtoProperty makes no representation and gives no warranty or guarantee concerning the suitability, accuracy, quality, performance or fitness for purpose of such advice.
8.7 HowtoProperty does not have a practice of monitoring or making enquiries about any content provided by an Advertiser nor does any such content represent the views of HowtoProperty.
8.8 No responsibility for loss occasioned by a User acting on or refraining from action as a result of any material on the Website can be accepted, including but not limited to any dealings in which the User has with any Advertiser.
8.9 A User should make their own enquiries and exercise their own judgement concerning any engagement the User has with a Advertiser.
8.10 A User should seek professional advice from suitability qualified professionals (whether or not such professional is a Advertiser) regarding the User’s own specific needs.
9.1 Any provision of these Conditions which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions of these Conditions nor does it affect the validity or enforceability of that provision in any other jurisdiction.
10 No Waiver
10.1 HowtoProperty’s failure to enforce any provision of these Conditions at any time or for any period of time will not be construed to be a waiver of such provisions or HowtoProperty’s rights to enforce each and every provision of these Conditions. A waiver of a power or right shall be ineffective unless it is in writing and signed by HowtoProperty.
11.1 By accessing the Website, the User agrees and acknowledges that HowtoProperty will collect or otherwise deal with the personal information of the User.
11.2 The names of persons who subscribe to HowtoProperty’s newsletter will be added to HowtoProperty’s database and User’s will be sent regular newsletters. A User may unsubscribe at any time the User wishes.
11.3 HowtoProperty uses Advertisers to serve advertisements on the Website. These Advertisers may use information (including your name, address, email address or telephone number) concerning a User’s visits to the Website in order to provide advertisements about goods and services which may be of interest to the User.
11.4 Links to Advertiser’s websites do not form part of the Website and are not under the control or the responsibility of HowtoProperty. If a User links to a Advertiser’s website, a User does so at their own risk.
11.5 The User agrees and acknowledges that HowtoProperty may use the personal information to:
(a) verify the identity of the User;
(b) assist the User in utilising the Website or accessing Website Material;
(c) administer and manager the Website or Website Material;
(d) provide information to the User about the other services and products offered by HowtoProperty;
(e) investigate misconduct; and
(f) assist HowtoProperty for research purposes.
11.6 The User shall have the right to request (by e-mail) from HowtoProperty:
(a) a copy of the information about the User retained by HowtoProperty and the right to request that HowtoProperty correct any incorrect information; and
(b) that HowtoProperty does not disclose any personal information about the User for the purpose of direct marketing.
11.7 HowtoProperty will destroy personal information upon the User’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of these Conditions or is required to be maintained and/or stored in accordance with the law.
12 Compliance with laws
13.1 Except as expressly provided to the contrary in these Conditions, all representations, warranties, terms and conditions in relation to the Website, whether implied or expressed, are hereby excluded unless otherwise not permitted to be excluded by law.
13.1 These Conditions will take effect and be construed in all respects in accordance with the laws of the State of Victoria, Australia. The parties irrevocably submit to the jurisdiction of the State of Victoria for all proceedings arising in connection with these Conditions.
14 Survival of Conditions
14.1 The provisions of these Conditions shall continue to apply after the expiration or termination of these Conditions.