1. The Terms and Conditions
(a) Please read these terms and conditions carefully as they apply to your use of the AVJennings web site (Site). By using this Site you agree to be bound by these terms and conditions.
(b) This Site is intended for residents of Australia only. We have no responsibility to any person using this Site who is not a resident of Australia.
(c) Your use of some parts of the Site may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
(i) will apply to your use of those parts of the Site in addition to these terms and conditions;and
(ii) will prevail over these terms and conditions to the extent of any inconsistency.
(a) You acknowledge that we may, in our sole discretion and with or without notice:
(i) vary the Site or any part of the Site; and
(ii) modify or discontinue this Site, any part of the Site and the services available on it.
(a) We reserve the right at any time to vary or amend these terms and conditions or any specific terms and conditions which relate to the use of some parts of the Site.
(b) The amendments to terms and conditions referred to in paragraph (a) will be treated as (at our sole discretion):
(i) amendments to these terms and conditions; or
(ii) the introduction of, or amendments to, terms and conditions which govern any part of the Site, and those new or amended terms and conditions will be posted on the Site. The new or amended terms and conditions are effective as soon as they are posted, and your continued use of the Site will indicate your acceptance of the new or amended terms and conditions.
4. Site Content
(a) Content on the Site is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights). In particular, floor plans, facades and design treatments are protected by copyright and you may not use any that you find on this Site in the construction of any building without our written consent.
(b) Unless you are expressly authorised by law you must not yourself, or allow any other person, to:
(i) sell, reproduce, distribute, modify, display, publicly perform, prepare adaptations based on, repost or otherwise use any Content in any way for any public or commercial purpose without our prior written consent; or
(ii) reverse engineer any Content consisting of downloadable software; or
(iii) otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content
(c) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
5. Your Use of the Site
You must not:
(a) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(b) violate any Applicable Law relating to your use of the Site; or
(c) collect or store personal data about other users of the Site.
6. Third Party Providers
(a) You acknowledge that:
(i) parts of the Site; and
(ii) some of the Content, may be provided or maintained by Third Party Providers and not by us.
(b) Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of those dealings.
7. Links and Advertisements
(a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
(b) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and those advertisers.
(c) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any dealings or as the result of the presence of advertisements on the Site.
8. Personal Information and Cookies
(b) During your use of the Site, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
9. The Use of the Site Is At Your Risk
(a) You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where any Content includes information relating to property or investments, that information is provided for information purposes only. It should not be used as a substitute for professional legal, financial or real estate advice. You should seek your own independent advice with respect to any Content.
(b) We endeavour to provide a convenient and functional Site, but we do not guarantee that Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components. In particular, we do not represent that buildings we construct based on floor plans, facades or design treatments shown on this site will conform exactly to those floor plans, facades or design treatments.
(c) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for those costs.
(d) Using the Site, the Content and any of the information on the Site in connection with any transaction does not give you or any other party a right to a fee, commission or any other form of payment from any person, including AVJennings.
10. Limitation of Liability
(a) Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
(b) Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and equivalent State or Territory legislation.
(c) If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and we are able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(d) Subject to our obligations under the implied conditions and warranties referred to in paragraph (a), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (c).
(a) We will give you any necessary notices by posting them on the Site. You agree:
(i) to check the Site for notices; and
(ii) that you will be considered to have received a notice when it is made available to you by posting on the Site.
12. General Provisions
(a) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) This agreement will be governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
(c) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.
Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country)
(b) any obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
"AVJennings", "we" or "us" means AVJennings Limited ABN 44 004 327 771.
Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
Third Party Provider means any person other than us who provides Content to the Site or operates the Site or a part of the Site, or other Internet sites you may view or access through the Site.