Welcome to the CohenFarquharson Executive Rentals website at www.CohenFarquharson.com.au (the Website).
Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website.
2. Accuracy of content
2.1. We do not represent that the information on this Website, including images and descriptions of property, is accurate, correct, up-to-date or error free.
2.2. We may not have not checked floor area, property size, property descriptions and other information published on the Website about any property.
2.3. Prior to making any decision about any property advertised on the Website, you must independently verify any information about the property that you intend to rely on.
The content on the website may be inaccurate.
3. Website availability and restrictions
3.1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.
3.2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c) use the Website in any way that infringes Our rights or the rights of any third party;
(d) use the Website to create any product or service that competes with the Website; or
(e) take any steps to circumvent any technological protection measure or security measures in the Website.
3.4. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
We own the website and all IP in the website. You cannot infringe our IP rights. You must comply with all applicable laws.
4. Acceptable Use Policy
4.1. You agree that:
You cannot use the website for any illegal purpose or to violate any person's legal rights.
5. Intellectual Property Rights
5.2. As between You and Us, We own all Intellectual Property Rights in the Website.
5.4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website or requests for new Website features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
5.5. You irrevocably consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
5.6. You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise.
We own the website and all IP in the website. We also own all improvement suggestions that you make regarding the website.
6. Responsibility for other users
6.1. We do not accept responsibility for the conduct of any users of Our Website.
6.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
We cannot be held responsible for the conduct of website users.
7. Responsibility for third party claims
7.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/orcomplaints made by any third party where the claim is caused directly or indirectly by:
(a) Your use of the Website; and/or
(b) Your goods and/or services and/or your advertising and/or sales and/or marketing practices.
We are not responsible for any claims made by third parties.
8.1. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
We are not responsible for third party sites.
9.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website, including images and descriptions of property, is accurate, correct, up-to-date or error free.
9.2. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
9.3. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
Our liability is limited.
10. Warranties – Australian Consumer Law
10.1. Any goods and services supplied by Us through the Website may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.
10.2. If any goods or services supplied by Us to You are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
We do not exclude liability that cannot be excluded under the Australian Consumer Law
11.2. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice.
We can terminate your access to the website.
12.1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.
12.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website.
12.3. Any notice issued by hand shall be deemed delivered upon delivery.
12.4. Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
12.5. We may send You email or other electronic messages concerning the Website from time to time.
Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.
We reserve our rights.
Any legal action will be commenced in New South Wales.
14. Dictionary and Interpretation provisions
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in New South Wales.
Business Hours means 9:00am – 5:00pm on Business Days.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
We, Our and Us means The Trustee for Prime Eastern Realty Trust T/as Cohen Farquharsons.
You means you, the person who accesses the Website for any reason.
(c) Currency refers to Australian dollars unless specified otherwise.
(e) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(f) A reference to time is to time in New South Wales.
(g) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(h) The words "includes", "including" and similar expressions are not words of limitation.
Capitalised terms are defined in this clause.website terms