TERMS OF USE

This website is owned and operated by Growthpoint Properties Australia Limited ABN 33 124 093 901 (referred to below as “Growthpoint”, “the Group”, “we”, “us” and “our”).

These Terms of Use apply to all users of this website and to all material on this website. Access to information on this website is provided on the basis that all users agree and accept these Terms of Use.

We may revise these Terms of Use at any time and continued use of this website will be regarded as acceptance of these Terms of Use as amended by all users.

 

WARRANTIES AND DISCLAIMERS

Every effort has been made to provide up-to-date, accurate and complete information on this website, however, neither the Group nor any of its related entities (as that term is defined in the Corporations Act 2001 (Cth)), employees, advisers, agents or other contributing authors warrant or represent that the information on this website is up-to-date, accurate or complete or that it is appropriate for any particular use. Use of this website including all content, data or software distributed by, downloaded or accessed from or through this website is at the user’s risk.

The information contained on this website provides factual or assumed to be factual information only and under no circumstances does it constitute personal financial advice. None of the authors of this website are licensed to provide financial product advice. Users of this information should obtain, and rely on, advice sourced from their own independent financial, tax, legal and other advisers and obtain a product disclosure statement (if relevant) before making any decision in relation to this website including, but not limited to, holding, acquiring or disposing of any security. This website may contain general information about our business, products and services. Unless expressly stated otherwise, this website does not:

  • constitute an offer or inducement to enter into a legally binding contract;
  • form part of the terms and conditions for our products and services;
  • purport to provide you with personal financial or investment advice of any kind; or
  • take account of your particular financial position or requirements.

Subject to any terms implied by law which cannot be excluded, neither the Group nor any of its related entities (as that term is defined in the Corporations Act 2001 (Cth)), employees, advisers, agents or other contributing authors accept any responsibility for any direct or indirect loss, cost, damage or expense incurred by any person as a result of anything contained in this website. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that this website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this website or that use of this website will be compatible with the hardware and software users use to access it. Users assume the entire cost of all necessary servicing, repair, or correction.

We reserve the right to make any change to this website without notice including removing any part of the website or removing the website in its entirety.

 

COPYRIGHT AND SUBMITTED MATERIAL

Unless otherwise indicated, all information on this website including without limitation any logo, design, text, graphic and their arrangement is licensed to, or owned by, us. Except with our prior written permission, users must not copy, distribute, republish, download, display, post, alter, modify, add to or transmit any such information in any form or by any means.

Users that contribute any content to this Website do so on the basis that such content becomes our property and contributors will be deemed to have assigned all rights, title and interests in and to such contributions to us. We reserve the right to remove any content from this website at any time.

Any comments or materials sent to us through this website including feedback data, questions, comments and suggestions will be deemed to be public and any copyright or moral rights in such information will be deemed waived and/or assigned to us. We do not accept any obligation of any kind in respect of such information and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute this information without limitation.

 

TRADE MARKS

Any trade marks appearing on this website are the property of Growthpoint Properties Australia or as otherwise indicated. No party may use any trade marks sourced from this website without the prior written consent of the trade mark owner.

 

LINKS

We may provide links from this website to third party websites, however, we have no control over and do not monitor these third party websites. We make no representations about and cannot accept any liability for these websites. A link to a third party website does not mean that we endorse the content of that website and access to third party websites are governed by the terms of use of such websites.

You may not create a link to this website from any other website or document without our prior written consent.

 

USER CONDUCT

Users are responsible for all of their activity in connection with accessing this website.

In accessing this website, users must not (without our prior written consent):

  • disrupt or interfere with this website, or any services, system resources, accounts, servers or networks connected to or accessible through this website or any linked websites;
  • disrupt or interfere with any other user's enjoyment of this website or any linked websites;
  • use any robot, spider, other automatic device or manual process to monitor, copy or extract any part this website;
  • reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with this website;
  • use this website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity; or
  • use this website to engage in any kind of illegal, criminal or tortious activity through the use of this website, including infringement of any third party intellectual property rights, fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code.

 

COMPLIANCE WITH LAWS

Users must comply with all applicable laws and regulations both in their location and, if applicable, Australia.

 

INDEMNITY

By accessing this website, users agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages arising out of their use or misuse of this website.

 

LIMITATION OF LIABILITY

Subject to any responsibilities implied by law and which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to this website (or material accessed via this website). To the fullest extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are excluded. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

 

TERMINATION AND SUSPENSION

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

 

SEVERABILITY

If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not effect the validity or enforceability of the remaining provisions.

 

CURRENCY

Unless stated otherwise, references to "$" or "dollars" on this website are a references to Australian currency.

 

APPLICABLE LAW

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. Users irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of that State.