- RELIANCE ON INFORMATION This Web Site has been compiled in good faith and with all reasonable care. The Content is derived from sources other than LTP and which LTP relies upon third parties to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which LTP apologises. In particular, you should be aware that all Content is provided on an 'as is' basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.
- USE AT OWN RISK Visitors using the information from the Web Site do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made in this Web Site which has not been stated expressly in these Terms of Use. LTP strongly advises you to seek independent professional advice before acting on any Content from this Web Site.
- NO WARRANTIES OR REPRESENTATIONS This information is published for information only, without assuming a duty of care. You acknowledge that you have not relied on any representation made by LTP which has not been stated expressly in these Terms of Use. LTP does not give any express or implied representation or warranty as to reliability, completeness, suitability, availability, accuracy, correctness, currency, timeliness, merchantability, quality, security, accessibility, fitness for any particular purpose, Content , security of your computer in accessing this Web Site, lack of computer viruses or other harmful components, uptime, title, integrity of data or correction of defects.
- GENERAL INFORMATION Unless expressly stated otherwise, general information about LTP's products and services:
- does not constitute an offer or inducement to enter into a legally binding contract; and
- does not form part of the terms and conditions for products and services.
- INTERRUPTIONS & ERRORS LTP does not warrant that access to this Web Site will be uninterrupted, the services offered on the Web Site will be error-free or that this Web Site and its servers are free of computer viruses or other harmful data, code, components or other material. LTP recommends that prior to using any downloaded file, you carry out an appropriate virus check. LTP reserves the right to change or discontinue any feature on this Web Site, hours of availability and equipment or software required for access.
- LIMITATION OF LIABILITY You indemnify LTP to the maximum extent permitted by law, from and against all Loss arising out of or in any way connected to the use of this Web Site to you or anyone else however occurring in the collecting, recording, processing, storing or dissemination of this information. The cause of the Loss includes but is not limited to:
- use or inability to use this Web Site;
- access or inability to access this Web Site;
- reliance on any Content ;
- the transmission of any computer virus;
- LTP's negligence;
- a breach of your computer's security;
- any breach of the Terms of Use;
- any unauthorised access to, modification or alteration of Content;
- any material or data sent or received or not sent or received;
- any transactions entered into through this Web Site;
- any infringement of another's rights, including intellectual property rights;
- any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal Content or conduct of any party;
- any Content sent by any third party using and/or included in this Web Site;
- Termination or prohibition of your use of, or access to, this Web Site;
- any service available from this Web Site; and
- delays, interruptions, inaccuracies, errors, omissions or cessation of services.
- NON-EXCLUDABLE RIGHTS In relation to Non Excludable Rights, any liability incurred by LTP in relation to the use of this Web Site or the Content is limited as provided under the Trade Practices Act 1974 (section 68A). Liability which cannot be excluded, is limited to the extent possible, at LTP's option, to:
- the supply of the goods or services again;
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
- CONTENT VERIFICATION Except as provided for by the Non Excludable Rights, you (and not LTP) assume the entire cost of any necessary verification, maintenance, repair or correction of any relevant Content.
- GOVERNING LAW Unless expressly stated to the contrary, all matters relating to this Web Site are governed by and are to be construed according to the laws applicable in the State of Queensland and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland and Australia. LTP has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if LTP considers (in its discretion) that the action is necessary or desirable.
- LINKS Links displayed on this Web Site and links on or from this Web site may lead to or be sourced from Third Party Sites. Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by LTP of any Content referred to by the site owner. Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites. LTP does not authorise the reproduction of third party Content by linking this Web Site to third party Content .
- NO WARRANTIES FOR LINKS LTP makes no representation or warranty regarding Third Party Sites or any hyperlink contained in linked Third Party Sites:
- relating to third party Content;
- that LTP does not make for its own Web Site (see above: 'No warranties or representations'); or
- that third party Content does not infringe the intellectual property rights of any person.
- NON-COMMERCIAL LINKS You may link to the Web Site for non-commercial purposes. If you are interested in linking to the Web Site for commercial purposes, or becoming otherwise affiliated with LTP, please contact LTP directly.
- NO LIABILITY You agree not to carry on any activity in relation to the Web Site which might involve LTP in liability. If you do engage in any such activity, you agree to grant LTP an unlimited indemnity with respect to your conduct. You expressly acknowledge and agree that LTP does not exert control over users of the Web Site (including individuals referred to on the Web Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
- WAIVER If you breach any of these Terms of Use, and LTP has knowledge of that breach, be it actual or anticipatory, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of LTP's legal rights. Any waiver or amendment of legal rights granted under these Terms of Use will only be effective if it is in writing and signed by LTP.
- INTELLECTUAL PROPERTY You acknowledge that the Content in this Web Site is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.
- COPYRIGHT Copyright in the information contained in this Web Site subsists under the Copyright Act 1968 and, through international treaties, the laws of many other countries. Unless expressly provided otherwise, all Content is owned or licensed by LTP. Your access to or use of this Web Site does not constitute or create a licence or any other right to use LTP's name, trade dress, trade marks, copyrights or any other intellectual property.
- TRADEMARKS All names, logos and trademarks (both registered and unregistered) are the property of LTP, or the third parties who have contributed to this Web Site. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval for use of any Trademarks on this Web Site. Nothing contained on this Web Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Web Site without the prior express written permission of LTP, the relevant affiliate, or contributor.
- RESTRICTED USE Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of LTP or its subsidiaries, be directly or indirectly:
- used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, stored;
- performed in public;
- incorporated into any other web site;
- used for any commercial purpose;
- stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;
- used in any manner or for any purpose which is unlawful;
- used in any manner which violates any right of LTP or an Affiliate;
- used in any manner which is prohibited by the Terms of Use; or
- affected with a virus or other harmful component in any form or by any means in whole or in part by any process.
- OBLIGATIONS You must:
- ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material; and
- ensure your employees, subcontractors and other agents (if any) who have authorised access to the Web Site are made aware of the Terms of Use.
- PERMITTED USE Provided that the ownership of the Content by LTP is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
- using an industry-standard Web browser, download and view the Content for your personal, non-commercial use;
- if you are an Internet service and/or access provider, supply the Content to your subscriber;
- access and display these pages on a computer or a monitor;
- hold a temporary copy in the computer's cache;
- make a single permanent copy for your personal non commercial reference;
- THIRD PARTY COPYRIGHT Some of the copyright in the Content, is included on the Web Site under a licence from third parties, such as processes used in constructing or accessing this Web Site. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Web Site) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.
- USE OF WEB SITE OUTSIDE OF AUSTRALIA The Web Site is not directed to people outside of Australia. LTP makes no representations or warranties as to your ability or inability to purchase, or be involved in the purchase, of property in Australia or any implications with respect to Foreign Ownership laws and requirements in Australia. If you access the Web Site from outside of Australia you are not able to rely upon the Content of the Web Site and you indemnify LTP for any loss of damage which may be incurred by your use of or access to the Web Site.
- OWNERS Only the registered owner of Property is able to display or seek to display or include in the Content of the Web Site. You must be the registered owner, or have the legal right and ability to sell on behalf of the registered owner, any Property you register, display or otherwise seek to include in the Web Site Content. In registering, displaying or otherwise including a Property on the Web Site you unreservedly indemnity LTP from any Loss incurred as a result of that Property being included in the Content of the Web Site.
- ADMIRERS AND/OR USERS OF THE WEB SITE when viewing the Content of the Web Site all parties acknowledge that LTP relies upon third parties for the Content on the Web Site and that LTP cannot be found liable for any Loss incurred as a result of any reliance or otherwise on the Content of the Web Site.
- AGE Only parties over the age of 18 are permitted to register or seek to register or display any Content on the Web Site.
- ADVERTISERS The Content of the Web Site may include the contact details for certain Providers of services, including and not limited to those related to the Real Estate industry, including:
- Real Estate Agents;
- Conveyancers;
- Photographers;
- Cleaners;
- Removalists;
- Valuers;
- FEEDBACK, QUESTIONS OR PROBLEMS LTP welcomes any feedback you may have regarding the Web Site or these Terms of Use If you have any questions, or queries, suggestions, problems, or if you become aware of any use of the Web Site that you think does not comply with these Terms of Use please send an e-mail to info@lovethatplace.com.au. When you send LTP any feedback, suggestions, ideas or other materials in relation to or via this Web Site, you agree that LTP can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to LTP's obligations in its Privacy Statement.
- DEFINITIONS In this Disclaimer:
- LTP means Love That Place Pty Ltd ABN 78 128 297 263, its subsidiaries, officers, agents, directors, officers, employees and "related bodies corporate" as defined in the Corporations Act 2001;
- Content means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Web Site, obtained or able to be viewed by accessing any part of this Web Site (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;
- Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the LTP Web Site;
- Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Web Site. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;
- Non Excludable Rights means the rights and remedies conferred by the Trade Practices Act 1974 and similar State and Territory Legislation in Australia in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the Terms of Use of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Terms of Use.
- Property means any land, house, unit, town house, factory, outlet, structure, home, residence, retail or commercial premises.
- Provider means and is not limited to any advertiser or party/entity otherwise determined by LTP as being suitable for referral by LTP for a registered uses of the Web Site and includes, but no limited to, any Real Estate Agent, Removalist, Valuer, Cleaner, Photographer, Conveyancer, Solicitor or otherwise as determined by LTP as being applicable to the use and benefit of the Web Site or LTP.
- Terms of Use means the legal disclaimer, intellectual property, security and privacy statement and any other additional terms, conditions, licenses and limitations of liability outlined elsewhere on this Web Site;
- Third Party Sites means sites and resources located on servers maintained by others over whom LTP has no control; and
- Web Site means those web pages contained within the domain www.lovethatplace.com.au and any subdomains.
Accordingly LTP accepts no liability for Loss of any kind arising from third party Content or use of links. Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk.
LTP does not warrant or in any way recommend those Providers or the quality, merchantability or suitability of their services. Any use of those Providers or their services is at your sole risk and in using those Providers you warrant that you have independently assessed the quality, suitability, registration, licensing and/or capability of that Provider and entered into any agreement or contract to use that Provider at your own risk. You also indemnity LTP from any Loss incurred as a result of you using or recommending any such Provider. Also, LTP may, at your request, be it direct or inferred, refer your contact details to a Provider. Further, in accessing the Web Site you permit and license LTP to disseminate your contact details and other information entered onto the Web Site to a Provider of LTP's choice.
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