These Terms of Use govern your access to and use of this Website. In these Terms, We, Our and Us means Climate Hope Pty Ltd trading as 369 Property. By accessing or using this Website you agree to be bound by these Terms.
1.1. You may only access, browse and use our Website if You accept these Terms of Use. By accessing, browsing and/or using Our website, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy).
1.2. We may modify and/or replace these Terms of Use and any information linked to from these Terms of Use (including our Privacy Policy) from time to time without notice. 1.3. We will always upload the latest version of these Terms of Use to this webpage. 1.4. If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it.
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 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.
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 other computer and telecommunications networks and infrastructure, and that We are not responsible for any non-performance of the Website associated with any of those matters.
3.3. You may not make any use of the Website except as permitted by these Terms of Use. You must not sell or resell access to the Website, or scrape, republish, mirror, rent, lend, lease, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. You must not copy, alter, modify, adapt, reproduce, reverse engineer, transfer, sell, license or create derivative works from the Website; do any act inconsistent with Our Intellectual Property Rights; use the Website in any way that infringes the rights of any third party; create any product or service that competes with the Website; or circumvent any security measures in the Website. 3.4. You must not use the Website in breach of any statute, regulation, law or legal right of any person. 3.5. You must not use the Website in breach of these Terms of Use.
4.1. You agree that the following are strictly prohibited by these Terms of Use:
5.1. These Terms of Use do not transfer or assign any Intellectual Property Rights to You. 5.2. As between You and Us, We own all Intellectual Property Rights in the Website. 5.3. You have no rights in the Website other than the rights temporarily granted to You under these Terms of Use. 5.4. Any Intellectual Property Rights in comments or feature requests (each an Improvement Suggestion) You provide become Our sole and exclusive property immediately, and You assign all such rights to Us, including future copyright under section 197 of the Copyright Act 1968 (Cth). 5.5. You irrevocably consent to any infringement by Us of Moral Rights You may have in any Improvement Suggestions. 5.6. You must not take any step to invalidate or prejudice Our Intellectual Property Rights.
6.1. We do not accept responsibility for the conduct of any users of Our Website. 6.2. If You believe another user has breached these Terms of Use, please contact Us. 6.3. We are not a party to any transaction for the supply of goods or services advertised by any user. Before entering into any transaction with another user, You should consider the applicable terms, obtain appropriate advice and take appropriate precautions.
7.1. You are solely responsible for, and You indemnify Us in respect of, any loss and damage We may incur in connection with any claims or complaints made by any third party caused directly or indirectly by Your use of the Website, or Your goods, services, advertising, sales or marketing practices.
8.1. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
9.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website is accurate, correct, up-to-date or error free. 9.2. The information on the Website is not professional advice. You agree to seek all appropriate financial, legal and other advice before relying on any information You obtain from the Website. 9.3. To the extent possible by law, We are not liable for any indirect, special or consequential loss or damage, including loss of profits, business opportunity, savings or data. 9.4. To the extent Our liability is not otherwise excluded, and subject to any Non-Excludable Guarantees, Our liability to You is limited to $200.
10.1. Any goods and services supplied by Us through the Website may come with implied non-excludable guarantees regulated by the Australian Consumer Law. 10.2. Where goods or services are supplied to You as a consumer within the meaning of the Australian Consumer Law, You have the benefit of certain non-excludable guarantees, and nothing in these terms excludes, restricts or modifies any guarantee conferred by the Competition and Consumer Act 2010 (Cth). Where permitted under section 64A, We limit Our liability for breach of a non-excludable guarantee to, for goods, the replacement or repair of the goods or payment of the cost of doing so; and for services, the resupply of the services or payment of the cost of doing so. 10.3. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded to the extent possible by law.
11.1. We may terminate these Terms of Use and Your access to the Website at any time without notice. 11.2. We may take the Website offline at any time without notice. 11.3. Termination does not affect any accrued rights of either party.
12.1. Any notice shall be in writing and sent by hand delivery, post or email, using the contact details provided. 12.2. You may contact Us using Our contact details specified on Our website. 12.3. Notice by hand is deemed delivered upon delivery. 12.4. Notice by post is deemed delivered 6 Business Days after posting domestically, or 10 Business Days internationally. 12.5. We may send You email or other electronic messages concerning the Website from time to time.
13.1. All rights not expressly granted to Us are reserved. 13.2. These Terms of Use may be amended by Us at any time. 13.3. You may not assign Your rights or obligations without Our prior written consent; We may assign Ours at any time. 13.4. If any part is deemed invalid, the remainder remains enforceable. 13.5. These Terms of Use constitute the entire agreement between You and Us regarding this Website. 13.6. These Terms of Use are interpreted in accordance with the laws in force in Queensland, and You and Us submit to the non-exclusive jurisdiction of the courts of Queensland.
In these Terms of Use: Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth). Business Day means Monday to Friday excluding public holidays in Queensland. Business Hours means 9:00am to 5:00pm on Business Days. Intellectual Property Rights means all copyright, trademark, patent and design rights, registered or unregistered, and all other rights to intellectual property. Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law. We, Our and Us means Climate Hope Pty Ltd trading as 369 Property. You means the person who accesses the Website for any reason.
Headings are for convenience only. Currency refers to Australian dollars unless specified otherwise. References to time are to time in Queensland. The words includes and including are not words of limitation.