WEBSITE TERMS OF USE (“TERMS”)
By accessing, using or browsing on this website, or by continuing to do so, you (“you” or “your”) expressly accept and agree to be bound by these Terms. In accepting these Terms, you agree that these Terms and our Privacy Policy will apply whenever you access or use this website.
Brookmont Property Development Pty Ltd ABN 28 169 280 193 trading as Brookmont; may amend these Terms from time to time. Your use of the website after we make amendments to these Terms will oblige you to comply with these Terms as amended.
1. Overview
This website is provided on an “as is” and “as available” basis. We recommend that you make your own independent enquiries and obtain independent advice before entering into any legal contract arising from your use of this website. Please note the important exclusions, limitations on our liability, releases and indemnities which apply to your use of this website as set out in clauses 4,5,6,7 and 10 below and the important disclaimer appearing on the website at brookmont.com.au/disclaimer.
2. Intellectual property
2.1 All intellectual property in this website, including copyright, any trade marks and any other intellectual property rights in or associated with this website is owned by or licensed to us.
2.2 You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website.
3. Privacy
We will collect, hold and use your personal information in accordance with our Privacy Policy available on this website. Our Privacy Policy sets out:
3.1 the purposes for which your personal information is collected;
3.2 the third parties to which we disclose your personal information;
3.3 how to access and seek correction of your personal information;
3.4 how to complain about a breach of our obligations in respect of your personal information and how we will deal with such a complaint; and
3.5 whether your information is likely to be disclosed to overseas entity and in which countries.
4. Security
4.1 We take all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers. In addition, our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information except to the extent caused by any negligence or breach of law on our behalf and under no circumstances will we be liable for any indirect or consequential loss or damage.
4.2 The website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We accept no responsibility for and you release us from any liability that may arise from your use of a third party website.
4.3 We exercise all due care to ensure that your information is secure on our system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. You release us from any liability that may arise if any other persons obtain the information you submit to the website, except to the extent caused by any negligence or breach of law on our behalf.
5. No representations and warranties
5.1 To the maximum extent permitted by law, we do not provide any representations or warranties relating to this website, its content or its availability.
5.2 We will not be responsible in any way for the availability of the website except to the extent caused by any negligence or breach of law by us. We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control.
5.3 We do not warrant that the website will operate error-free or that the website and its server are free from computer viruses or other harmful mechanisms.
6. Risks and release from liability
To the maximum extent permitted by law:
6.1 we accept no liability for any loss or damage howsoever arising to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website except to the extent caused by negligence or breach of law by us;
6.2 under no circumstances will we be liable for any indirect of consequential loss; and
6.3 you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the website.
7. Third party data
We are not responsible for the content of any data on or accessed through the website that is not originated by us. We exercise no direct supervision or control over the content of such data. We do not assume any responsibility for data not actually provided or expressly authorised by us. The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.
8. Acceptable uses
You must use the website responsibly and within the law. It is your responsibility to:
8.1 use the website in a manner which does not violate any applicable laws or regulations;
8.2 respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website;
8.3 respect the privacy of others;
8.4 use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment;
8.5 refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and
8.6 use the website lawfully, ethically and in accordance with accepted community standards.
9. Unacceptable uses
9.1 You must not use the website in any way which breaches local, state, federal or international laws or regulations. Without limiting that, you must not:
9.1.1 violate copyright, trademark or other intellectual property rights;
9.1.2 illegally store, use or distribute software owned by or licensed to us;
9.1.3 transmit threatening, obscene or offensive materials;
9.1.4 discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
9.1.5 misrepresent or defame others;
9.1.6 commit fraud;
9.1.7 damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;
9.1.8 make an unauthorised transmission of confidential information or data protected by trade secrets;
9.1.9 engage in misleading or deceptive on-line practices;
9.1.10 conduct any business or activity or solicit the performance of any activity that is unlawful;
9.1.11 impersonate any person, or misrepresent your identity or affiliation with any person; or
9.1.12 attempt to do any of these things.
9.2 You must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:
9.2.1 distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
9.2.2 send unsolicited commercial messages;
9.2.3 initiate or spread computer worms, viruses or other types of malicious programs;
9.2.4 make transmissions of any type or quantity which adversely affect the operation of the website or jeopardise the use of the website or its performance for other users of the website;
9.2.5 harass or impersonate us, the website or other users of the website;
9.2.6 engage in conduct which causes a threatened or actual nuisance to other
users of the website; or
9.2.7 violate or attempt to violate the security of the website.
10. Our rights
10.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you.
10.2 Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:
10.2.1 confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website;
10.2.2 require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;
10.2.3 suspend or terminate your access to the website; and
10.2.4 take any other action against you.
10.3 These Terms are governed by and are to be interpreted pursuant to South Australian law and users of the website submit to the exclusive jurisdiction of South Australian courts in respect of any disputes under or related to these Terms or a user’s access to or use of the website.
11. What we may do to ensure that these Terms are being followed
11.1 We may (but are not obliged to) monitor your use of the website to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.
11.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).
11.3 If we believe that your use of the website may break the law or that you have not complied with these Terms we may:
11.3.1 notify you byemail (if possible);
11.3.2 suspend or terminate your access to the website without notice; and/or
11.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
12. Disconnection, removal or amendment of material
12.1 Whilst we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.
12.2 Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.
13. Waiver
The failure by one party to insist upon strict performance by the other party of any terms of these Terms will not be deemed a waiver of any term or a breach by the other party of any of these Terms.
14. Severability
Every provision of these Terms will be deemed severable as far as possible from the other provisions of these Terms. If any provision is found to be void, illegal or unenforceable for any reason, it will be deemed to be severed and omitted from these Terms. These Terms, with the offending provision severed and omitted and with any consequential amendment if necessary, will otherwise remain in full force.
15. Entire agreement
These Terms and the Disclaimer appearing on the website at brookmont.com.au/disclaimer contain the entire agreement between the parties in respect of the subject matter of these Terms. These Terms and the Disclaimer supersede any prior agreement or understanding (if any) between the parties and there is no collateral or other form of agreement between the parties in relation to the subject matter of these Terms.