In this Terms of Use document, “FBC” means Fishermans Bend Corporation Pty. Ltd. (ACN 150 441 544), its agents, authorised representatives and related bodies corporate. From time to time, FBC may licence the use of the website to third parties in which case “FBC” shall be construed to include that Licensee.

Website

The term “website” means this website includes all related applications, mobile sites and subdomains associated with this URL. Any person, firm, company, government body or other entity who accesses or uses this website is referred to as “you” or “your”.

Terms of Use

By accessing, browsing or using this website in any manner you acknowledge and agree that you have read and understood these Terms of Use and that these Terms of Use apply exclusively to your accessing, browsing and using this website.

These Terms of Use may be varied by FBC from time to time by FBC amending these Terms of Use as they appear on this website or by notice in writing to you.

By you using this website after these Terms of Use have been varied as aforesaid, you agree that the these Terms of Use as so varied will apply exclusively to your accessing, browsing and using this website after any such variation.

Priority

To the extent of any inconsistency between these Terms of Use and any other content of this website, these Terms of Use will prevail.

Errors

You acknowledge and agree that despite reasonable precautions being taken, goods and services may be listed with incorrect information due to errors, data corruption or like events.

Intellectual Property

The material on this website is copyright and is either owned or licensed by FBC. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:

1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works
2. commercialise any information, products or services obtained from any part of this website, without the prior written consent of FBC.

You are not permitted to use the trade marks, designs or other intellectual property rights of FBC without the prior written consent of FBC.

Restricted Use

Except as expressly prescribed in these Terms of Use or as otherwise authorised by FBC in writing, you are provided with access to this website for your personal use and you must not pass on or otherwise disclose any of the information contained on this website to any other person or trading entity. You must not attempt to change, remove, deface, hack or otherwise interfere with this website from any part of this website; or or any material on this website or undertake any action that will impose a burden (including excessive Internet traffic demands) that FBC deems in its sole discretion to be unreasonable.

The website is intended exclusively to assist you in assessing potential purchases of real property and associated services and goods. The content of this website does not constitutes an offer to purchase and you must make your own enquiries about any potential purchase of real property or associated services and goods.

Without limiting the foregoing, you are authorised to print hard copy portions of this website for the your own internal records solely in connection with your own independent assessment regarding any sale or proposed sale of real property, services or products shown on the website to you.

Warnings

You must take your own precautions to ensure that your use of this website does not expose you to risk of viruses or other forms of interference which may damage your computer system. FBC does not warrant the accuracy, adequacy or completeness of information contained on this website, nor does FBC undertake to keep this website updated. FBC does not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of this websitE.

FBC does not accept responsibility or liability for any of the foregoing.

Linked Web Sites

This website may contain links to other websites.

Those links are provided for convenience only, and FBC does not endorse or make any representations or warranties about those websites. The use of such websites is at your own risk in all things.

Cookies and Privacy Policy

This website uses software known as ‘cookies’ to record your visit to the website and collect information which may be used to administer and improve this website or other FBC websites. Information FBC may collect includes your server address, the type of operating system you use, your top level domain name, the date and time of access to the website, pages accessed and documents downloaded, whether you have visited the website before and the type of browser software in use.

You may set your web browser to disable cookies when accessing, browsing or using the FBC website. However, some website functions may be unavailable if you choose to do so.

Collection of information which is personal information is subject to the FBC Privacy Policy.

Indemnity

You agree to indemnify and keep FBC fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which FBC may suffer or incur arising in any way in connection with your use of this website or a breach by you of these Terms of Use.

Disclaimer

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

To the maximum extent permitted by law and subject to the following paragraph of this Clause 11, you agree that FBC has no liability, and will not be liable, to you or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including, without limitation, direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) you or any other person may suffer or incur (whether by the negligence or fault of FBC or otherwise, except where FBC has purposefully acted in bad faith) arising in any way in connection with the use of this website by you or any other person or entity on your behalf.

If rights are conferred upon you or obligations are imposed upon FBC by certain Federal or State legislation which cannot be excluded, the provisions of this Clause 11 shall be read subject to those rights or obligations, and to the extent permitted by such legislation FBC hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.

For the sake of clarification, nothing in the preceding provisions of this Clause 11 is to be construed as FBC having any actual or deemed liability to you or any other person as a result of or in any way arising out of or in connection with the use of this website.

FBC does not in any manner warrant the quality, accuracy or completeness of any information on this website and you must independently verify all details of any potential purchase including sizes and location of real property and the nature of any associated services or goods which may change from time to time and without notice.

Miscellaneous

Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including, without limitation, the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

Headings used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.

The failure of FBC to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect FBC ’s right thereafter to enforce or exercise same.

Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.

These Terms of Use and any contract entered into between FBC and you shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and you hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by FBC against you in any other jurisdiction.