Terms and Conditions — Construct Melbourne

Terms of Use

These terms apply to your access to, and use of, the website owned and operated by Construct Melbourne Pty Ltd ABN 36 130 505 485 (we, us and our) and located at www.constructmelbourne.com.au (Website). Your access to, and use of, this Website is subject to these terms and conditions and our privacy policy. By accessing, viewing or otherwise using this Website, you agree to be subject to and bound by these terms and conditions, as updated by us from time to time.

1 Access

We agree to you accessing this Website on these terms. If you are accessing as, or for, a corporate entity, or as agent or trustee of a person, you warrant that you have the authority to bind that entity or person to these terms, and you are bound by these terms as a trustee or agent of that person.

2 Purpose of this Website

This Website is intended to provide you with general information only. All content available on this Website is of a general nature only and may not be suitable for your particular purposes. You should obtain independent expert advice if you are considering relying on any information published on this Website.

3 Content and intellectual property rights

(a) We own, or are licensed to use, all of the intellectual property rights and content in the Website (including any modification, alteration, development, new use or other change to the Website and any trade marks on the Website), and you agree not to infringe any intellectual property rights or content in the Website.

(b) All copyright in the content of the Website is owned or licensed by us. Except as permitted under the Copyright Act 1968 (Cth), no part of the content in this Website may be directly or indirectly used, copied, stored, published, reproduced or transmitted in any form or by any means (including, but not limited to electronic, mechanical, photocopying, or recording) except with our specific and prior written consent or that of the copyright owner.

4 Data

(a) In this clause, Data means all data, information, content or communications transmitted, uploaded or inputted onto the Website by you or on your behalf or otherwise as a result of your use of the Website or our services.

(b) You grant us a worldwide, non exclusive, perpetual, transferable, royalty free licence to make use of the Data, and intellectual property rights subsisting in the Data, for the purposes of, and as contemplated by, this agreement, including without limitation for providing any services to you, provided that we comply with the obligations in our privacy policy and under clause 5.

(d) You represent and warrant that you own and control all of the rights to the Data or you otherwise have the lawful right to submit the Data onto the Website.

5 Confidentiality

(a) In this clause, Confidential Information means information of a party which the party identifies as confidential or which would reasonably be regarded as confidential and includes without limitation information relating to the party’s intellectual property rights, organisational structure, financial position, personnel, policies, and business.

(b) Without prejudice to clause 13, each party must not without the written consent of the other:

(i) use any Confidential Information of the other party, except in performing its obligations under these terms; or

(ii) disclose any Confidential Information of the other party to any person except to those who need to know the same, and who agree to be bound by the same obligations of confidentiality.

(i) disclosure is required by law;

(ii) the Confidential Information is in the public domain through no fault or action of the recipient, its employees or subcontractors; or

(iii) the Confidential Information was received by the recipient on a non-confidential basis from a third party who is not prohibited from disclosing it.

(d) These obligations of confidentiality survive termination of these terms.

6 Warranty and disclaimer

(a) You agree that the Website and its content may contain errors, faults and inaccuracies and may not be complete or current.

(b) All terms implied by law, except those that cannot be unlawfully excluded, are excluded.

(c) We make no representations, warranties or guarantees of any kind, express or implied, as to the operation, suitability or accuracy of the Website or its content, except as provided under applicable laws.

7 Termination

We may at any time and without any obligation to give notice to you:

(a) temporarily suspend or disable the Website or your access to the Website; or

(b) permanently cease operating the Website.

You agree that you cannot make any claim against us for any Loss (as defined in clause 14(a)) suffered by you as a result any action taken by us pursuant to this clause 7.

8 Variation

We may, at our sole discretion, vary or modify these terms and all amendments will take effect immediately. Any subsequent access to, or use of, this Website by you will constitute an acceptance of those varied terms. If you do not agree with any amended terms, you must stop using the Website and its content. You acknowledge and agree that we may, in our sole discretion, vary the features of functionality of this Website from time to time without any requirement to provide prior notice of the variation to you.

8 Linked websites and hyperlinks

This Website may contain links to other websites. These links are provided for convenience only and should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites. We are not responsible for the content or privacy practices associated with the linked websites. You acknowledge and agree that all access to and use of any such linked websites and use of the linked website's products and services is solely at your own risk.

9 Errors and defects

We do not guarantee that this Website will be free from errors or viruses, or that access to this Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of this Website.

10 Security

We will take all reasonable steps to ensure the security of this Website. However, data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect information you transmit to us or which we store, we do not warrant and cannot ensure the security of such information.

11 Accounts and passwords

You must not access another person’s Construct Melbourne Website account(s) without their permission. If you have a Website account, you are responsible for maintaining the confidentiality of your login details and must take all reasonable steps to ensure that your username and password used to access the Website account(s) are secure. You will be responsible for all uses of your user name and password, whether or not authorised by you. We shall not be liable for any Loss arising from unauthorised access to your Website account. If you are aware of any actual or suspected unauthorised access to your Website account or think your Website account may be otherwise compromised, you should notify us immediately by contacting www.constructmelbourne.com.au.

12 Prohibited Use

The content on this Website as well as the infrastructure used to provide such content, is proprietary to us. Without our prior written consent, you agree not to:

(a) copy, reproduce, replicate, post or redistribute the content or any portion thereof;

(b) modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, products or services obtained from or through this Website;

(d) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(e) take any action that imposes, or may impose, in our discretion, an unreasonably or disproportionately large load on our infrastructure;

(f) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written consent; and

(g) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website.

13 Forums and publishing content

(a) This Website may contain discussion forums, review services or other forums in which you or third parties may post content, messages, materials or other items on this Website (Interactive Areas).

(a) You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

(i) any message, data, information, text, music, sound, photos, graphics, code or any other material that is false, unlawful, misleading, libellous, defamatory, obscene, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(ii) content that is offensive to the online community, including content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(iii) content that would constitute, encourage, promote, provide or be perceived as instructions for conduct of any unlawful act;

(iv) content that provides instructional information about illegal activities;

(v) content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(vi) unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles or solicitations;

(vii) private information of any third party, including, without limitation, name, addresses, phone numbers, email addresses and credit card numbers;

(viii) viruses, corrupted data or other harmful, disruptive or destructive files;

(ix) content that is unrelated to the topic of the Interactive Area in which such content is posted; or

(x) content or links to content that, in our reasonable opinion that should be removed from the Website or may expose us or other users of the Website to any harm or liability.

14 Limitation of liability

(a) In this clause, Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct or consequential.

(b) To the fullest extent permitted by law, neither us nor our affiliates, subsidiaries, related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any Loss, however caused (including by our negligence) in relation to the use or access of the Website or the content by you. The limitation in this clause applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information. This clause applies even if we knew or ought to have known that the relevant Loss would be suffered.

15 Overseas access

The Website may be accessed throughout Australia and overseas. We make no representations that the Website or its contents comply with the 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 complying with the laws in the place where you access the site.

16 General terms

(a) Your use of the website and its content is governed by, construed and enforced in accordance with the laws of Victoria. Disputes arising from your use of the website or its content are exclusively subject to the jurisdiction of the courts of Victoria.

(b) You must not assign or transfer any rights and obligations pursuant to these terms to any other person or entity without our prior written approval.

(d) Failure of either party to enforce any rights under these terms will not be construed as a waiver of those rights, nor a limitation on the party’s ability to subsequently exercise those rights.

(e) If any provision of these terms is held to be void, invalid or unenforceable, then that provision is severed to the minimum extent required, and the remaining provisions will remain in full force and effect.

(f) No provision of these terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the terms or the inclusion of the provision of these terms.

Terms of Use

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