1. Use of Material on the Website
1.1 Material on the Website is provided to you for information purposes only. Except for the limited use set out in clause 1.2, you may not use the Website, or the material contained on it, for any other purpose, including but not limited to:
- (a) the reproduction of the material in any material form;
- (b) the distribution of the material in any material;
- (c) re-transmission of the material by any medium of communication;
- (d) uploading and/or reposting the material to any other site on the WWW;
- (e) "framing" the material on the Website with other material on any other WWW site.
1.2 Notwithstanding the restrictions referred to in clause 1.1, you may download material from the Website for your personal and non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
1.3 You may not modify or copy:
- (a) the layout of the Website; and
- (b) any computer software and/or code contained in the Website.
1.4 The Owner reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by the Owner. The material provided on the Website is provided for personal use only and may not be:
- (a) re-sold and/or redistributed in any material form;
- (b) stored in any storage media;
- (c) re-transmitted in any media,
without the prior written consent of the Owner.
2. Links to Other Websites
2.1 The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner ("Linked Sites"). If links to Linked Sites are contained on the Website, the Owner:
- (a) provides the links to the Linked Sites as a convenience to you and the existence of links to Linked Sites does not imply any endorsement by the Owner of the Linked Sites; and
- (b) is not responsible for the material contained on the Linked Sites.
3.1 To the full extent permitted by law, the Owner disclaims any and all warranties, express or implied, regarding:
- (a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any Linked Sites; and
- (b) merchantability or fitness for any particular purpose of any service or product contained or referred to on the Website and/or on any Linked Sites.
3.2 The Owner will not be liable under any circumstances for any loss or damages of any kind recognized by law which arise from you:
- (a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the Linked Websites; and
- (b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any Linked Sites.
3.3 The Owner does not warrant, guarantee or make any representation that:
- (a) the Website, or the server that makes the site available on the WWW are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other computer security systems;
- (b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- (c) errors and defects in the Website will be corrected.
3.4 The Owner is not liable to you for:
- (a) errors or omissions in the Website or Linked Sites;
- (b) delays to, interruptions of or cessation of the services provided in the Website or Linked Sites; and
- (c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
3.5 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
4.1 The Owner may gather and process the information:
- (a) which you may provide when accessing the Website (by completing on-line forms or utilizing email facilities), such as your name, address, e-mail address and other personal information about you; and
- (b) regarding the way in which you use the Website, including without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website (such as your IP address, domain name, browser type, date and time of your access and details of information you downloaded).
4.2 The Owner will not use or authorize the use of the information acquired in accordance with clause 4.1(a) for any purpose other than the purpose stated on the Website.
4.3 Information acquired by the Owner in accordance with clause 4.1(b) is used only for internal statistical purposes and shall remain confidential and shall not be disclosed to any other party without your consent or as the Owner may otherwise be required by law.
5. Termination of Access
The Owner may terminate access to the Website at any time without notice and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
6. Alteration of Terms of Access
The Owner reserves the right to change these Terms of Access without further notice to you and without giving you any explanation or justification for such change.
7. Relevant Jurisdiction
7.1 If any part of these Terms of Access is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will have no affect the validity and enforceability of any remaining provisions.
7.2 These Terms of Access will be governed and interpreted in accordance with the law of the State of Victoria.
7.3 You agree to the jurisdiction of the courts of the State of Victoria to determine any dispute arising out of these Terms of Access.
Copyright © 2008 Berman Homes. All Rights Reserved.