Our terms

The www.proptrack.com website (the “PropTrack Site”) is provided to you for your personal use subject to these Terms of Use.

 

Acceptance

The PropTrack Site is owned and provided to you by PropTrack Pty Ltd ABN 43 127 386 298 (“us” / “we”) By using the PropTrack Site you agree to be bound by these Terms of Use.

 

Amendments

We reserve the right to amend these Terms of Use from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of the PropTrack Site. We therefore recommend that you review these Terms of Use editions from time to time.

 

Contents and use of website

The PropTrack Site is a place for you to access information and other services relating to PropTrack in the Australia. You assume total responsibility and risk for your use of the PropTrack Site and/or any information contained within it. It is your sole responsibility to evaluate the accuracy, completeness, usefulness and suitability of all services and information provided on or through the PropTrack Site. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION OR FOR ANY TECHNICAL PROBLEMS YOU MAY EXPERIENCE WITH THE PROPTRACK SITE.

 

Liability

The PropTrack Site and all materials and information thereon are provided on an “as is” basis. These Terms of Use set out the full extent of our obligations and liabilities in respect of goods, services and information supplied on and via the PropTrack Site. Any condition, warranty or other term concerning the supply or failure to supply any goods or services via or on the PropTrack Site which might, but for this clause, have effect between us or would otherwise be implied or incorporated into these Terms of Use (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded. We will not be liable to you other than pursuant to the express terms of these Terms of Use. In no event will we be liable to you or any other user of the PropTrack Site for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence and whether directly or indirectly) out of or in connection with the viewing, use or performance of the PropTrack Site or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of PropTrack or our servants or agents, or any other person TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR DATA: (a) RESULTING FROM THE USE OR THE INABILITY TO USE THE PROPTRACK SITE; (b) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IF GOODS OR SERVICES ARE NOT AVAILABLE ON OR FROM THE PROPTRACK SITE; (c) RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) CAUSED BY A DELAY IN DELIVERY OF ORDERED GOODS OR SERVICES. NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.

 

Indemnification

You agree to indemnity and hold us and each of our affiliate companies and their offices and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the PropTrack Site, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, or of any intellectual property or other right of any other person or entity.

 

Copyright and trademarks

The contents of the PropTrack Site are protected by international copyright laws. The owner of the copyright in the information on the PropTrack Site is PropTrack or other third parties. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the PropTrack Site including but not limited to text, graphics, code and/or software unless you have our express written permission to do so. However, you may print or download to a local hard disk portions of material or information from the PropTrack Site solely for your own personal use provided that you do not change or delete any copyright, trade mark or other proprietary notices from the materials. All other rights are reserved. All product and company names mentioned in the PropTrack Site may be the trade marks, service marks or trading names of their respective owners, including PROPTRACK and PROPTRACK INDEX which are the trade marks of PropTrack.

 

Linked sites

PropTrack makes no representations whatsoever about any other website which you may access through this website or which may link to this website. When you access any other website you understand that it is independent from PropTrack, and that we have no control over the content of or services on that website. In addition, a link to any other website does not mean that PropTrack endorses or accepts any responsibility for the content of or services provided on such a website. You may not link to this website without our express written consent. If you wish to provide a hypertext or other link to this website, please contact info@proptrack.com with details of the URL of the web page from which you are proposing to link and the URL of the page on this website to which you wish to link and PropTrack will consider your request. It is our decision as to whether to agree to your request, and PropTrack will be under no obligation to do so.

 

Availability of website

We will endeavour to make the PropTrack Site available to you when you want to use it but cannot guarantee that the PropTrack Site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the PropTrack Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device related to the PropTrack Site.

 

Modifications to website

We reserve the absolute right to alter, suspend or discontinue any aspect of the PropTrack Site or the services provided through it, including your access to it.

 

International Use

We make no representation that materials on the PropTrack Site are appropriate or available for use in locations outside Australia and accessing the PropTrack Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

 

Children

PropTrack does not sell products or services for purchase by children nor is the PropTrack Site intended for use by children.

 

Termination

The agreement between you and us formed on the basis of these Terms of Use (“this Agreement”) shall terminate immediately if you breach these Terms of Use. We reserve the right to terminate this Agreement at any time. The termination of this Agreement or your right to use the PropTrack Site is without prejudice to any rights which we may have against you in respect of such breach.

 

General

These Terms of Use and your use of the PropTrack Site are governed by the law of New South Wales and you submit to the exclusive jurisdiction of the NSW courts. In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use , such provision will at our election, be deleted and the remainder of the terms of these Terms of Use will remain in full force and effect. Any failure by us to insist upon or enforce strict performance by you of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We may assign and novate our rights and obligations under these Terms of Use and upon such assignment we will be relieved of any further obligation under these Terms of Use. These Terms of Use, constitute the entire understanding between us as to the subject matter hereof, and supersede any and all prior agreements and understandings.

 

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