Parklea General Website Disclaimers

Parklea Website Terms & Conditions

Updated February 2014

This website is operated by Parklea Pty Limited (ACN 005 736 256) or a member of the Parklea group of companies (Parklea).

The use of this website is subject to the following Terms & Conditions, the <Privacy Policy> and any additional terms and conditions and notices displayed by us on this website from time to time (together “Terms of Use“).  In the Terms of Use, “you” means the person accessing or using this website or the services provided through or in connection with this website.

1.            Acceptance

By using this website, or any facilities or services made available through or on it, you warrant that you have read, understood and agree to be bound by the Terms of Use, as updated from time to time.  If you do not agree with any of the terms and conditions contained in the Terms of Use, do not use this website.

2.            Content and purpose of this website

The information available on or through this website:

–                         is general information only; and

–                         has been prepared without taking account of any particular individual’s specific objectives, financial situation or needs.

Accordingly, you should, before acting on any such information, consider the appropriateness of the information, having regard to your own objectives, financial situation and needs.

3.            Disclaimer of warranties and representations

Parklea will endeavour to provide accurate and up-to-date information on this website but, except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to this website.  In particular, while care has been taken in creating this website, Parklea does not warrant or represent that:

–                         the information or any material provided on this website is accurate, complete, up to date or suitable for any purpose;

–                         this website itself is free from any computer viruses or other defects; or

–                         your access to this website will be continuous or uninterrupted.

You are responsible for making your own assessment of the information available on or through this website, and you should verify all relevant representations, statements and information before you rely on that information.

4.            Risk and Liability

You acknowledge that:

(a)      you use this website at your own risk; and

(b)      Parklea is not responsible for, and accepts no liability in relation to, your use of the website or your conduct in connection with the website in any circumstance, whether online or offline.

To the maximum extent permitted by law, Parklea excludes all implied representations and warranties which might apply in relation to your use of the website.

Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Parklea limits its liability, where it is entitled to do so, to:

–                         in the case of goods supplied by us, replacement the goods or supply equivalent goods, repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired; or

–                         in the case of a services supplied or offered by us, supply the services again or payment of the cost of having the services supplied again.

Otherwise, to the maximum extent permitted by law, neither Parklea nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients (together, the Associated Entities)  will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on this website or otherwise as a result of or in connection with the use of this website or any information or material provided on or through this website.

5.            Prohibited activities

When using this website, you must not:

(a)        use the website in an unauthorised manner (including but not limited to unauthorised entry into the website’s systems or misuse of any information available on or through the website);

(b)        breach any law or regulation, infringe any intellectual property right of any person or breach any legal duty owed to any person (such as a contractual duty or a duty of confidence);

(c)      reproduce any Site Content (as defined under heading 7) without our express written permission, which we may grant or withhold at our absolute discretion;

(d)      seek reimbursement from any other party for access to the website or on-sell any information obtained from the website;

(e)      submit, post, upload, email or otherwise send or transmit to the website, or any user of the website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the website;  or

(f)       interfere with the website or the servers or networks underlying or connected to the website.

6.            Security

We endeavour to minimise viruses and bugs from infiltrating this website however, due to the nature of the internet, the website may be affected by viruses or bugs from time to time.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.

7.            Intellectual Property

The entire contents and design subsisting in, relating to or arising out this website and available through or in connection with this website including, but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Site Content), are (except as otherwise expressly stated) the intellectual property of Parklea, its content providers or our licensors, with all rights reserved.

We grant you a limited licence to use the Site Content for your personal, non-commercial use only. You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except where expressly authorised in the Terms of Use or with the prior written consent of Parklea.  Requests for consent should be directed to Parklea.  Our contact details can be found under heading 11.

8.            Links to other websites

This website may contain links to other websites that are not operated or controlled by Parklea.  Those links are provided for convenience only and may not be current.  Provision of a link should not be construed as an endorsement or approval of the third party website by Parklea.

Parklea is not responsible for the content of third party websites, which are not covered by the Terms of Use.  You access those websites at their own risk.  Third party websites should have their own Terms of Use, which Parklea encourages you to read.

9.            Indemnity

You indemnify Parklea and each of the Associated Entities (the Indemnified Parties) in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Indemnified Parties as a direct or indirect result of any breach by you of the Terms of Use.

10.          Applicable law

The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of Victoria, Australia.  You agree to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this website.

This Site may be accessed throughout Australia and overseas. Parklea makes no representation that the content provided by the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to this website is not illegal or prohibited by laws which apply to you.

11.          Contacting us

If you have any questions about our Terms of Use or any queries or concerns about this website, please email us at contactus@parkleadevelopments.com.au.  Alternatively, you can call us on +61 5940 0050 or contact us by post at the following address:

Parklea Pty Ltd
PO Box 388

Officer  VIC 3809

Australia

12.          Changes to this website

Parklea reserves the right to change or remove any feature of this website at any time.

13.          Changes to Terms of Use

We may amend the Terms of Use from time to time by posting the amended version on this website.  Subsequent or continuing use of this website will constitute acceptance of any changes.