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www.iconproperty.com.au - ICON PROPERTY WEBSITE TERMS AND CONDITIONS
1.
Your continued use of our web sites constitutes your acceptance of the terms in this notice and the other notices on our website.
Should you object to any of the conditions in the notices on our web sites your sole option is to immediately cease using our web site.
2. REAL ESTATE ADVICE DISCLAIMER
2.1 The Icon Property website is provided for general information and contains:
2.1.1 Information about properties in Australia and Overseas;
2.1.2 Investment opportunities;
None of the above information supplied should be considered complete and comprehensive. You must not use the Icon Property
website as a substitute for specific advice.
3. WEBSITE CONTENT
3.1 Neither Icon Property Pty Ltd nor any of the contributors of content to the website will be held responsible for any action taken,
or not taken, by any person or organisation in reliance on information contained in the website.
3.2 The Icon Property website and any other information provided by us are for your personal, non-commercial use only. If you want
to use any information or website content or materials for a commercial purpose, you will have to agree the terms of such use with
us directly.
3.3 We do not warrant or make any representations regarding the correctness, completeness, reliability or accuracy of the content
or material on the Icon Property website.
3.4 We disclaim all express and implied warranties including, but not limited to, implied warranties of satisfactory quality, fitness for
a particular purpose and non-infringement of any third party's intellectual property rights of the content and material on the Icon Property
website and of any other information supplied by us.
3.5 Any content or material downloaded or otherwise obtained through use of the Icon Property website is done at your sole risk and
you will be solely responsible for any resulting damage to any computer system or any loss of data.
3.6 Icon Property does not warrant that the Icon Property website or the server which makes it available over the internet is free of
viruses, bugs or other harmful components.
4. LIMITATION OF LIABILITY
4.1 Subject to the provisions of the Trade Practices Act 1974 we shall not be liable in contract, tort or otherwise for:
4.1.1 any loss of income, profits, business, contracts, anticipated savings or goodwill;
4.1.2 any loss, or corruption, of data;
4.1.3 any loss of, or damage to, property;
4.1.4 any indirect losses; or
4.1.5 any consequential losses or damage whatsoever (even if we have been advised in advance of the possibility of such loss
or damage)
which arises out of, or results from the use of, or inability to use the Icon Property website, the content and materials of the website.
4.2 Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence.
5. OWNERSHIP OF MATERIALS ON THE ICON PROPERTY WEBSITE
5.1 Unless otherwise stated, Icon Property is the owner of all copyright and database rights in the Icon Property website, its contents.
You may not copy, reproduce, download, post, publish, distribute, extract, re-utilise or exploit any part of the website in any material
form (including by photocopying or storing it in any medium by electronic means) except for your own, non-commercial use.
5.2 You agree not to adapt, alter or create a derivative work the website content or material, or from any other information which you
obtain from the website, except for your own, non-commercial use.
6. YOUR WARRANTY AND INDEMNITY TO US
6.1 You warrant to Icon Property that you will not use its website, its content and material either in whole or in part, for any purpose
which, or in a manner which:
6.1.1 contravenes any applicable law or regulation;
6.1.2 infringes any intellectual property right (including, without limitation, copyright, trade mark, design right, database right or
patent); or
6.1.3 a reasonable person would consider is, or may be, in violation of any person's privacy, unlawful, harassing, libellous,
defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually explicit, or racially offensive.
6.2 You indemnify Icon Property, our employees and agents against all claims, liability, losses, damages and expenses including,
without limitation, legal fees and costs which arise out of, or result from, any claims made against Icon Property, our employees or
agents, as a result of your use of the Icon Property website, its content and materials.
7. LINKS TO OTHER SITES
7.1 The Icon Property website may contain links to websites hosted and run by other people or organisations. Icon Property has no
control over those sites or their content and the presence of a link from our website does not imply any endorsement by us of the content
of such websites. If you decide to access such websites, you do so at your own risk and you will be subject to the terms and conditions
and privacy policies governing the use of those websites. We will not be liable in any way for any loss or damage which you may suffer
as a result of accessing such websites.
8. ADVERTISING
8.1 The Icon Property website may contain content from advertisers. Icon Property is not responsible for the content of any advertising
and makes no warranty or representation about the accuracy of any advertisers' content.
9. LINKING TO THE ICON PROPERTY WEBSITE
9.1 You may link to but not replicate the content and materials on the Icon Property website provided that:
9.1.1 you do not create a frame or any other bordered environment around the content and materials;
9.1.2 any such linking does not imply any endorsement by Icon Property of any product or service;
9.1.3 the website from which you link to the Icon Property website does not contain any material or content which:
9.1.3.1 infringes any intellectual property right (including, without limitation, copyright, trade mark, design right, database right,
or patent); or
9.1.3.2 a reasonable person would consider is, or may be, in violation of any person's privacy, unlawful, harassing, libellous,
defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually explicit, racially offensive or which otherwise
includes objectionable material.
We reserve the right, at our sole discretion and without prior warning, to require you to remove any link to the Icon Property website.
10. WEBSITE AVAILABILITY
10.1 Due to the nature of the internet, we do not guarantee that you will have uninterrupted or interruption or error free access to the
Icon Property website at any particular time.
10.2 We may suspend or restrict access to the Icon Property website at our sole discretion without prior notice.
11. RIGHT TO ALTER TERMS AND CONDITIONS
11.1 We reserve the right to alter these terms and conditions and the privacy policy from time to time. We will post any amended terms
and conditions or privacy policy on the Icon Property website so that you are always able to access the latest version. Please do so
regularly, because your continued use of our website after we post any amended terms and conditions or privacy policy constitutes
your acceptance to be bound by them.
12. RIGHT TO EXCLUDE USE
12.1 If you breach these terms and conditions, we may, at our sole discretion and without prior warning, block your access to the Icon
Property website. You agree that monetary damages may not be a sufficient remedy to Icon Property for breach of these terms and
conditions and that we may seek an injunction as a remedy.
13. SEVERABILITY
13.1 If any provision which is fundamental to the nature of these terms and conditions or the privacy policy is held to be unlawful, void
or unenforceable for any reason, that provision shall be deemed severable from these terms and conditions or privacy policy and shall
not affect the validity and enforceability of any remaining provisions.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions are governed by the laws of Victoria and Australia. The parties submit to the non-exclusive jurisdiction of
the Victorian and Australian Courts for all purposes relating to these terms and conditions.
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