The terms and conditions contained in this document and any conditions, notices and disclaimers contained elsewhere on our website (known collectively as the “Terms & Conditions”) govern your access and use of the M Squared Property Website found at www.msquaredproperty.com.au. Your access and use of our website is conditional upon your acceptance and compliance with the Terms & Conditions of Use.

OWNERSHIP OF THE WEBSITE

Our Website and its contents (including all information, data, text, graphics, images, software, advertisements and other material on our website (“Content”)) are the property of M Squared Property Pty Limited (ABN 43 153 140 599) (“M Squared Property”) and are subject to copyright under Australian law and through international treaties with other countries. You may use this Content for your personal reference only (not for any commercial or public use) and may download a single copy of the Content, keep a temporary copy in your computer’s cache and make a single hard copy, provided you keep intact all copyright and other proprietary notices. No other use, copying, reproduction, publishing, storage in a retrieval system, alteration or transmission in any form or by any means, in whole or part, of the Website or Content is permitted without M Squared Property prior written authorisation.

All names, logos and trademarks are the property of M Squared Property or the third parties who have contributed to our website. Nothing on our website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of M Squared Property or the relevant contributor. The name of M Squared Property and its agents or any of the trademarks and other intellectual property belonging to M Squared Property or its agents may not be used commercially or in advertising or publicity or used to identify a link to our website without the express prior written permission of M Squared Property.

You must notify M Squared Property immediately if you become aware of any third party that is or may be infringing the intellectual property rights in our website. You must give M Squared Property all assistance in relation to any infringement proceedings. M Squared Property shall have sole control of the defence and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of M Squared Property. If a court or M Squared Property determines that our website or Content have infringed or may infringe a third party’s intellectual property rights, M Squared Property shall have the right to alter, delete or modify our website or Content in order to avoid continuing infringement.

INFORMATION ON WEBSITE

The information contained within this website about M Squared Property’s services is of a general nature only.

Changes may occur in circumstances at any time which may affect the accuracy or completeness of the information so while M Squared Property has taken all reasonable care in producing our website, it accepts no responsibility for any loss, expense or liability which you may incur from using or relying on the contents, and you must not rely on any statement on our website without taking specialist advice.

PRIVACY

You agree that you have read M Squared Property Website Privacy Policy and agree that those terms form part of the Terms & Conditions. You accept that if you provide your personal information via our Website that it will be dealt with in accordance with the M Squared Property Website Privacy Statement.

YOUR USAGE OF THE M SQUARED PROPERTY WEBSITE

You must not use our website in any manner or for any purpose that is unlawful, or in any manner that violates any right of M Squared Property, or that is prohibited by the Terms & Conditions. In particular it is a condition of your use of and/or access that you agree that you will not:

  1. use any device, software or routine which will or may interfere with the working or functioning of our website and will not post, publish, distribute or transmit any Content of any kind which contains a virus or other harmful component;
  2. make any unauthorised use of any materials or intellectual property found on our website;
  3. copy or provide to any other party any materials, Content or data found on our website other than as set out in the Terms & Conditions;
  4. use any method or means to copy, reproduce, republish, frame, post, upload, distribute, transmit, sublicense, delete or modify in any way all or any part of the Content or our website, or monitor it in any way, unless expressly provided for in our website or expressly authorised in writing by M Squared Property;
  5. intentionally do anything which overburdens the infrastructure of our website;
  6. post, publish, distribute or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent Content of any kind, including without limitation any Content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations;
  7. post, publish, distribute or transmit, or disseminate any Content of any kind which violates or infringes upon the rights of any other person, including Content which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from M Squared Property or relevant right holder;
  8. post, publish, distribute or transmit, or disseminate any unsolicited correspondence (including Emails) or spamming via our website;
  9. reverse engineer, reverse assemble, or otherwise attempt to identify the source code or other arithmetical formula for the infrastructure software or functions;
  10. restrict or inhibit any other user from using or enjoying our website.

M Squared Property has no obligation whatsoever to monitor any user’s use of our website or to edit, delete or refuse to post any Content. However M Squared Property reserves the right to monitor your or any users, use of our website and to edit, refuse to post or remove any Content whatsoever. M Squared Property reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of our website.

PRICING AND AVAILABILITY OF GOODS

Unless otherwise stated on our website, all prices on our website are in Australian dollars and are valid and effective only in Australia. All prices and availability of properties or services may be changed at any time without notice. M Squared Property reserves the right to correct pricing errors at any time M Squared Property is not liable for any loss or damage whatsoever from failure to deliver or delay in delivery of our services.

DISCLAIMER

The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms”). Except as provided for by the Prescribed Terms:

  1. all Content (including information about properties and services) is provided on an “as is” basis without any warranties of any kind;
  2. to the maximum extent permissible by law, M Squared Property expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  3. M Squared Property, and its directors and employees, does not warrant that your access to our website will be uninterrupted or that our website will operate error free, that any defects will be corrected or that our website and its servers are free of computer viruses and other harmful data, code, components or other material;
  4. M Squared Property, and its directors and employees, does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of our website, or that it will give notice of such use, modification or alteration;
  5. M Squared Property, and its directors and employees, does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Content (including descriptions of any properties/services). The use of our website and the Content is at your own risk. Changes are periodically made to our website and may be made at any time; and
  6. if your use of our website or the Content results in the need for servicing or replacing equipment or data, M Squared Property is not responsible for those costs.

LIMITATION OF LIABILITY

Except as provided by the Prescribed Terms, M Squared Property, its directors, employees, suppliers, or any third parties mentioned on our website shall not be liable for any loss or damage whatsoever (including, without limitation, incidental, special and/or consequential damages or lost profits) resulting from:

  1. any use or access of, or any inability to use or access, our website, any third party link or any Content;
  2. any unauthorised access to or alterations of your transmissions or data; or
  3. any statements or conduct of any user of our website, including any information and/or advice and any defamatory statements or offensive conduct.

AVAILABILITY OF THE WEBSITE

M Squared Property cannot guarantee that our website or any other website with a link to its website will be free from viruses or that uninterrupted access will be available.

Access is offered only on an “as is” basis and M Squared Property may make any online access unavailable without any notice.

LINKS TO OTHER SITES AND THIRD PARTY ADVERTISING

This Website may contain links to other websites owned and operated by third parties who are not related bodies corporate of M Squared Property (“Linked Websites”). The Linked Websites are not under the control of M Squared Property and M Squared Property is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.

M Squared Property provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by M Squared Property. Your link to any such Linked Website is entirely at your own risk. M Squared Property is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site in addition to these Terms & Conditions. If there is any inconsistency these Terms & Conditions prevail.

Our website also contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Websites). The display of such advertising does not in any way imply an endorsement or recommendation by M Squared Property of the relevant advertiser, its products or services or any such Linked Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law M Squared Property accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

YOUR INDEMNITY TO M SQUARED PROPERTY

You will indemnify M Squared Property for any liability incurred by M Squared Property for any loss, liabilities, costs, damages or other expenses howsoever incurred by M Squared Property in connection with, or arising directly or indirectly as a result of, your breach of these Terms & Conditions or your use of or access to our website.

TERMINATION

M Squared Property may terminate your access to our website at any time without notice to you. If you violate any Terms & Conditions your right to use and access our website automatically terminates.

M Squared Property may also change the terms and conditions contained on this site at any time. Your continued access to and/or use of our website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms & Conditions and any amendments. You should visit this page periodically to review the Terms & Conditions. Should you object to any of the Terms & Conditions or any amendments your only recourse is to immediately discontinue your use of our website.

In the event of termination you must immediately cease accessing and using our website and Content and (at M Squared Property’s option) return any hard copies of the Content to M Squared Property or destroy any hard copies and any other electronic copies of the Content within your control or possession.

M Squared Property’ limit of liability, your indemnity, licences granted by you and all limits on your use of our website survive termination.

APPLICABLE LAW

All disputes arising out of this Agreement shall be dealt with in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales District Registry of the Federal Court of Australia.

This site is controlled and operated by M Squared Property from its office in Australia. M Squared Property makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

NOTICE

If any provision of the Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect. All rights not expressly granted are reserved.

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