Terms and Conditions

Legal Disclaimers

 

Your continued use of our web sites constitutes your acceptance of the terms in this notice and the other notices on our web sites. Should you object to any of the conditions in the notices on our web sites your sole option is to immediately cease your use of the web sites.

 

Information on our web sites and in any Darcy Jarman Pty Ltd (ACN: 155 296 441) publication should not be regarded as a substitute for professional legal, financial or real estate advice.

 

Darcy Jarman Pty Ltd and its related entities responsible for maintaining our web sites and all Darcy Jarman Pty Ltd publications and its directors, officers and agents believe that all information contained within them is correct. However, no warranty is made as to the accuracy or reliability of the information contained therein and Darcy Jarman Pty Ltd and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our web sites or publications.

 

Copyright

 

The subject matter on and accessible from our web sites and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, Darcy Jarman Pty Ltd grants visitors to the site permission to download copyright material only for private purposes. By using our website you agree not to copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without our prior written permission.

 

Third party links and advertising

 

Our website may contain links, advertisements and pointers to websites of third parties who (1) are not affiliated with us, (2) are outside our control, and (3) are not covered by this policy (“Third Party Websites”). Links, advertisements and pointers provided to Third Party Websites on our website are provided to users only as a convenience, and the inclusion of any link, advertisements and pointers does not imply reliability and endorsement by us of the content or the owners or operators of any such Third Party Websites. We are not responsible for the privacy practices of Third Party Websites, which may collect and use information from you in a manner different to how we do and accordingly the use of such Third Party Websites is entirely at your own risk. For relevant information, you should review the privacy statements or policies of any Third Party Websites before using them.

 

The user is not entitled to set up (or to assist others to set up) links from the user’s own websites to our Website (whether by toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

 

Limitation of liability

 

We provide the website on an “as is” basis and without any warranty or condition, express, implied or statutory.  Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Darcy Jarman Pty Ltd and its related entities exclude all conditions and warranties that may be implied by law and you agree that in no event shall we be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website or these terms. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair. Notwithstanding the above provisions, nothing in the terms is intended to limit or exclude any liability on our part where and to the extent that applicable law prohibits such exclusion or limitation.

 

Availability of the Website

 

You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy any content or web pages or other information on the Website without our prior written permission.

 

We do not guarantee continuous, uninterrupted or secure access to the Website, nor do we guarantee that the Website or its server are free of viruses or other harmful elements, and it is acknowledged that the operation of the Website may be interfered with by numerous factors outside our control.

 

Jurisdiction

 

Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our Internet sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.