Conditions of Use of Website
This Website is maintained by BresicWhitney Estate Agents Pty Limited ABN 76 098 035 217 and BresicWhitney Property Management Pty Limited ABN 72 107 421 894 (together referred to as “BresicWhitney”). In these Conditions of Use and any reference to BresicWhitney is taken to include a reference to the directors, officers, employees, agents and subsidiaries and related entities of BresicWhitney.
Each time you visit and use this website you agree to the following terms and conditions current as at the time of your visit:
NO WARRANTY AS TO INFORMATION
- Much of the information on this Website (including but not limited to information concerning property area, floor size, floor plans, price, address and general property description) (“Information”) has been provided to BresicWhitney by third parties. BresicWhitney believes that such Information is correct but does not take steps to verify it. No representation or warranty of any nature whatsoever is given, intended or implied as to the accuracy of any Information or material available from this website, and you should rely on your own enquiries. If you have reason to believe that any Information or material is incorrect or misleading, please click here to let us know.
- Without limiting the generality of the preceding clause, Information and material provided on this website should be considered as advertising and general information only, and is subject to change without notice. Prices and rents are current at the time of issue, except in the case of error, but may change at any time and are subject to availability. You should not rely on the Information on this website as a substitute for legal, financial, investment or other expert advice and you are advised to seek such appropriate advice as you require. You must also take steps to satisfy yourself as to the physical state of any property you are considering to purchase.
- The Loan Calculator included on the site is for general indicative reference only. Actual monthly payments should be verified with your lender. BresicWhitney will not be liable for any differential in monthly loan repayment amounts.
- BresicWhitney disclaims all liability and responsibility, including for negligence, for any direct or indirect loss or damage suffered by any person arising out of any use of this Website or any Information or material available from it or for any omission or defect in the Information or material contained on the Website or for any further information given by BresicWhitney in connection with anything listed on the Website.
- All material available or accessible from this Website is copyright material owned by BresicWhitney, or its commercial partners or clients. Apart from fair dealing permitted by the Copyright Act 1968, you are granted permission to download, display and print any of the Website material for private and non commercial purposes. Prior consent in writing must be sought from BresicWhitney for any other use.
- Without limiting the generality of the preceding clause, you may not modify, publish, license, create derivative works from, transfer, or sell any information, materials, software, products or services obtained from this Website without the prior written permission of BresicWhitney.
- BresicWhitney may withhold any consent or approval or give consent or approval conditionally or unconditionally. You must comply with any conditions BresicWhitney imposes on its consent or approval.
- This Website may contain hyperlinks to websites operated by parties other than BresicWhitney. BresicWhitney does not control such websites, and is not responsible for their contents. The inclusion of hyperlinks to such websites does not imply any endorsement by BresicWhitney of the information or material available on such websites or any association with their operators. You use such websites, including information, material, products and services contained on them, and the services and business to which they are linked solely at your own risk.
USE OF WEBSITE
- If BresicWhitney is or becomes entitled to receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website, BresicWhitney is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.
As a condition of your use of this Website or any services on this Website, you warrant to BresicWhitney that you will not use this Website for any purpose that is unlawful or prohibited by these Conditions of Use. In particular, but without limitation, you agree not to:
- use this Website to defame, abuse, harass, store, threaten or otherwise offend others;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- use any automated scripting tools or software;
- engage in or promote any unsolicited emailing or spamming via this Website;
- impersonate any person or entity;
- in any way make available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
- BresicWhitney may make improvements or changes in the information, services, products, and other materials displayed on this Website, or terminate this Website, at any time without notice.
- Any unauthorised use of any Information or material on this Website has the potential to cause damage to BresicWhitney. Any such unauthorised use will be prosecuted.
- BresicWhitney may vary these Conditions of Use from time to time.
- These Conditions of Use will be governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between BresicWhitney and you related to these Conditions of Use will be brought exclusively in a court of competent jurisdiction in New South Wales.
- BresicWhitney’s failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right.
In these Conditions of Use, unless otherwise indicated by the context:
- words importing the singular include the plural and vice versa;
- headings are for convenience only and do not affect interpretation of these Conditions of Use;
- where any word or phrase given a definite meaning, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;
- an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
- a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof; and
- a reference to you or BresicWhitney includes the respective legal personal representitives, successors and permitted assigns.
To save space when corresponding with our clients, BresicWhitney inserts an abbreviated disclaimer at the end of each email message. For clarification purposes, the full BresicWhitney email disclaimer can be found below:
Any email (including all attachments) from BresicWhitney is intended exclusively for the intended addressee. The contents of the email may be confidential and any confidentiality will not be surrendered because an email has been sent to the receiver by mistake. If you have received an email in error, please reply to the sender by reply email, delete the email from your system and destroy any copies. No part of any email should be reproduced, rewritten, changed or communicated without the written consent of BresicWhitney. Any personal information received by you in an email from BresicWhitney must be handled in accordance with the Privacy Act 1988 (Cth).
All BresicWhitney emails and any attachments should be scanned to detect viruses. BresicWhitney accepts no liability for loss or damage caused by received emails or attachments due to viruses, interference, corruption or unauthorized access. For the avoidance of doubt, please note that BresicWhitney accepts no responsibility for any email sent by BresicWhitney employees that are of a personal nature or in breach of any law, Act, statute or regulation applicable in either the country of origin or receipt.
No emails should be printed, stored, re-distributed, transmitted or forwarded unless permission has been granted by BresicWhitney. Any views or opinions expressed in any email are solely those of the author and do not necessarily represent those of BresicWhitney. While BresicWhitney believes that its sources are reliable, we make no representation or warranty as to the accuracy of the contents.
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