TERMS & CONDITIONS
Pursuant to this licence and subject to the absolute right of Buildcap X Kirra Beach Pty Ltd to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:
- View the material in the Website.
- Access material contained in the Website.
- Use the Website strictly in accordance with the provisions of this licence.
Buildcap X Kirra Beach Pty Ltd is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, floorplans, text, graphic and their arrangement (“Content”). Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or unless we indicate otherwise, no part of this web site may be otherwise reproduced, adapted, stored, distributed, printed, downloaded, displayed, performed, published, communicated or transmitted in any form or by any means or process (graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of the copyright owner.
Links from this website to other sites beyond the control of Buildcap X Kirra Beach Pty Ltd are provided for the convenience of the user. Such links do not represent any official endorsement or approval of any such web site, product, organisation, or service. We are not responsible for the content or privacy practices of any such web site.
You acknowledge and agree that if you contribute Content to the Website, such Content will become the property of Buildcap X Kirra Beach Pty Ltd and you hereby assign all rights, title and interests in and to such contributions to Buildcap X Kirra Beach Pty Ltd.
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”), will be deemed to be non-confidential. Buildcap X Kirra Beach Pty Ltd has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Buildcap X Kirra Beach Pty Ltd will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
Buildcap X Kirra Beach Pty Ltd reserves the right to remove any Content from this Website at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content.
You must indemnify and keep Buildcap X Kirra Beach Pty Ltd (and its related bodies corporate, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of provisions of this licence, or your breach of any rights of third parties.
Your conduct when using this Website
You acknowledge and accept that your use of the Website indicates your acceptance of this licence and that you are responsible for all of your activity in connection with accessing the Website.
In accessing the Website, you must not:
- take any steps to obtain unauthorised access to this Website or any parts thereof that are not open to public access;
- disrupt or interfere with or make attempts to disrupt or interfere with:
- the Website;
- any other user’s enjoyment of this Website or Third Party Websites; or
- any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;
- engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;
- use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this Website without the express consent of Buildcap X Kirra Beach Pty Ltd except as expressly authorised by this licence;
- use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of Buildcap X Kirra Beach Pty Ltd;
- take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the 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 the Website;
- post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
- use or attempt to use the 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.
In accessing this Website, you acknowledge and agree that:
- you must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. Buildcap X Kirra Beach Pty Ltd reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
- if Buildcap X Kirra Beach Pty Ltd issues you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not; and
- you have exercised your independent judgment and have not relied on any representation made by Buildcap X Kirra Beach Pty Ltd which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Buildcap X Kirra Beach Pty Ltd (which material may be out of date or superseded).
While Buildcap X Kirra Beach Pty Ltd has endeavoured to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided “as is” and “as available” and Buildcap X Kirra Beach Pty Ltd takes no responsibility for any error or omission relating to this information. Intending purchasers should make their own inspections and enquiries. Photographs or artists impressions are for presentation purposes only and are indicative only. By entering your details on any of the forms contained within this website you are consenting to the collection, storage and use of your personal information. Should you no longer wish to receive further information you will always be provided with the opportunity to unsubscribe or you can contact us to have your details removed. All information collected will not be passed on to any third party and will be stored in accordance with the Australian Privacy Principles. The existence of inaccurate, incomplete or superseded material in this Website will not cause Buildcap X Kirra Beach Pty Ltd to be in breach of the terms of the licence.
To the maximum extent permitted by law, Buildcap X Kirra Beach Pty Ltd:
- disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
- will not be liable for any cost, loss or damage suffered by you through your use of the Website Buildcap X Kirra Beach Pty Ltd failure to provide access to the Website or any Third Party Websites or any information updates.
- The Content may contain general information about products and services offered by Buildcap X Kirra Beach Pty Ltd. Unless expressly stated otherwise, the Content does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for Buildcap X Kirra Beach Pty Ltd 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.
Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.
Buildcap X Kirra Beach Pty Ltd does not warrant or make any representations:
- 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
- in relation to the use or the results of the use of the Content or this Website as to their correctness, accuracy, reliability, or otherwise; or
- that use of this Website will be compatible with the hardware and software you are using to access it; or
- that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.
Buildcap X Kirra Beach Pty Ltd will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.
Subject to any responsibilities implied by law and which cannot be excluded, Buildcap X Kirra Beach Pty Ltd (including 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 the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on Buildcap X Kirra Beach Pty Ltd, or implied into this licence, under any law are hereby excluded.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability Buildcap X Kirra Beach Pty Ltd for breach of any such implied term will be limited to the maximum extent possible, at the option of Buildcap X Kirra Beach Pty Ltd, to any one or more of the following:
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
- The payment of the cost of having the goods repaired or the services performed again.
Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 or any other legislation which may not be excluded, restricted or modified by agreement.
Buildcap X Kirra Beach Pty Ltd reserves the right to make any change, add or remove any material in or from this Website without notice. Buildcap X Kirra Beach Pty Ltd may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
Termination and suspension
Buildcap X Kirra Beach Pty Ltd reserves the right, without notice and in its 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. All provisions of this Licence which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.
Failure or neglect Buildcap X Kirra Beach Pty Ltd to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Buildcap X Kirra Beach Pty Ltd under this licence. No waiver by Buildcap X Kirra Beach Pty Ltd of its rights under this Licence shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
If any parts of this Licence are deemed unlawful void or for any reason unenforceable then that provision may be severed from this Licence and it will not affect the validity and enforceability of the remaining provisions.
This licence is governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia.