WEBSITE TERMS OF USE.

 

www.hawkesburyhomes.net.au (the “Website”) is a website operated by Hawkesbury Homes Pty Ltd (ACN 613 479 959) with its principal place of business at Shop 3, 57 Bells Line of Road, North Richmond NSW 2754 ("we", "us" and "our"). The terms, conditions, notices and disclaimers contained in this document (together, the “Terms of Use”) govern your use of the Website and all content we provide on the Website, including images, logos, trade names, data and other information (the “Content”). In consideration for your access to and browsing of the Website and/or the Content, you agree to be bound by these Terms of Use. 

We reserve the right to amend the Terms of Use at any time by posting amendments to the Website. We recommend that you periodically review the Terms of Use. You agree to be bound by any changes, modifications or revisions to the Terms of Use as made by us from time to time. 

Restrictions 

In using the Website, you must not: 

  • violate any applicable laws, or use the Website or the Content for any purpose that is unlawful or prohibited by the Terms of Use; 

  • provide inaccurate, false or misleading information; 

  • impersonate any person; 

  • post any content that is obscene, defamatory, threatening, abusive or indecent; 

  • distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software; 

  • collect or store personal information about other users; 

  • use, copy, modify or distribute the content of other users without their consent; 

  • violate any third-party rights; 

  • use any bot, crawler, spider or other automated program to access the Website or harvest the Content for any purpose without our permission; or 

  • engage in any other conduct that inhibits any other person from using or enjoying the Website. 

Intellectual Property 

You acknowledge that the Website and the Content is subject to copyright and other intellectual property rights (“Intellectual Property Rights”). All right, title and interest in the Content is owned and retained by us (or our licensors) and nothing we or you do in relation to the Website will transfer any Intellectual Property Rights to you. The Content is for your personal use only and must not be commercially exploited by you. You must not use, copy or adapt any of the Content in a way that suggests it was created by you. 

Without limiting the foregoing, you agree not to modify, reproduce, copy, share, sell, resell, publish or exploit for any purposes any aspect of the Website or the Content without our written consent. You agree that we may take urgent injunctive action against you should you breach our Intellectual Property Rights. 

You may create a hypertext link to the Website, provided the link does not state or imply any sponsorship, endorsement by, or ownership in the Website and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. 

You may copy or reproduce the Content for the sole purpose of browsing, or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act. 

Liability 

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law. 

Except for your statutory rights, with respect to the Website and the Content: 

  • the Content is provided to you without warranties of any kind, either express or implied; 

  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose; 

  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; 

  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website and the Content, including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and 

  • we are not responsible for and make no warranties in relation to any third-party links on the Website or the content of any third-party websites linked to from the Website. 

To the maximum extent permitted by law, our maximum aggregate liability for all claims relating to your use of the Website and the Content, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to AUD$50. 

Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability. 

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website or the Content. 

Indemnity 

You agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs, losses and expenses arising out of or in connection with your use of the Website or the Content. 

Privacy 

In using the Website, you may give us personal information. By using the Website, you grant us consent to use your personal information in accordance with our Privacy Notice, which is incorporated into and forms a part of these Terms of Use. 

General 

Neither we nor you will be liable for any delay in performing an obligation under these Terms of Use, if such delay is caused by circumstances beyond our or your reasonable control. 

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. 

These Terms of Use are governed by the laws of New South Wales, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. 

We and you agree that we may communicate with each other electronically, including by sending electronic notices. 

Unless the context otherwise requires, in these Terms of Use, the plural includes the singular and vice versa. 

The provisions of these Terms of Use which by their nature should survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use. 

Website Terms of Use Version 1: 28/08/2020