1. Terms of Use
These terms and conditions apply to users of Triton
Properties website (Site). By using this Site, you accept
and agree to these terms. Triton Properties reserves the
right to change these terms at any time. Please check these
terms at regular intervals for any changes. Your continued
use of the Site following any change to these terms will be
deemed acceptance of those changes.
2. Your Obligations
You must use the Site in a responsible manner. You must
not:
(a)
use the Site for any activities or post or transmit via the
Site, any information or materials which breach any laws or
regulations, infringe a third party’s rights, or are
contrary to any relevant standard or codes;
(b)
use the Site to post or transmit any material which
interferes with other users or defames, harasses, threatens,
menaces, offends or restricts any person or which inhibits
any user from using the Site or the internet;
(c)
use the Site to send unsolicited email messages;
(d)
in any way tamper, hinder or modify the Site;
(e)
knowingly transmit any viruses or other disabling features
to the Site or via the Site; or
(f)
attempt any of the above acts or facilitate or assist
another person to do any of the above acts.
3. Copyright and Trademark Notice
The material on the Site, the software, design, text and
graphics comprised in the Site and the selection and layout
of the Site are owned or licensed by Triton Properties and
protected by copyright law under the laws of Australia and
International Copyright laws.
The Site does not grant you a licence nor does it act as a
right of use of any of the trademarks, whether registered or
unregistered, that are displayed on the Site without the
express written permission of the trademark owner.
You may view this Site and its contents using your web
browser. In visiting the Site, you are able to save an
electronic copy of the Site by means of the usual operation
of your web browser only.
You must not modify, copy, reproduce, republish, frame,
upload to a third party, post, transmit or distribute the
content of the Site in any way except as expressly provided
for or authorized by Triton Properties.
4. Restrictions on Use
You must not use the Site in any manner or for any purpose
that is unlawful or prohibited by these Terms of Use, or in
any manner that violates any right of Triton Properties or
an associated entity.
5.
Advertising, Third Party Content and Links to Third Party
Websites
The Site contains hyperlinks and other pointers to Internet
Websites operated by third parties. Triton Properties does
not control these linked Websites and is not responsible for
the contents of any linked Website or any hyperlink
contained in a linked Website. The links are provided
solely for your convenience and do not indicate, expressly
or impliedly, any endorsement by Triton Properties of the
Website or the products or services provided at those
Websites. You link to any such Website entirely at your own
risk.
The Site contains properties, products or services offered
for sale or advertised via the Site. Much of the
information provided on the Website concerning the
properties, products or services is information from third
parties. Triton Properties is not responsible for the
accuracy of this information. Where Triton Properties is
not acting as the appointed real estate agent for a certain
property, you should contact the relevant third party
supplier direct to enquire on that information prior to
entering into a transaction in relation to the third party’s
property depicted in the Site. You should also enquire with
the third party supplier about the presence of any
additional charges or relevant terms. Triton Properties do
not endorse the third party’s properties, products, services
and information and your legal relationship is with the
third party supplier.
Triton Properties may receive fees and/or commissions from
the third parties for properties, products or services
displayed on the Site or made available via the Site. You
acknowledge and consent to Triton Properties receiving these
fees.
6. Prices, Products and Services are Subject to Change
All prices displayed (being GST inclusive) and products and
services offered to be supplied on the Site are subject to
change without notice.
7.
Indemnity
By entering into the Site, you agree to indemnify Triton
Properties from and against all actions, claims, suits,
demands, damages, liabilities, costs or expenses arising out
of or in any way connected to the use of the Site by you.
8. Disclaimer
The Trade Practices Act 1974 (Cth) and similar State
and Territory legislation in Australia confers you with
rights and remedies relating to the provision of goods or
services to you by Triton Properties via the Site which
cannot be excluded, restricted or modified (your Statutory
Rights). Triton Properties excludes all conditions and
warranties implied by custom, law or statute save for your
statutory rights.
To the extent permitted by law, including but not limited to
any act or omission on the part of Triton Properties, Triton
Properties will not be liable for any loss, damage, costs or
expense whether direct, indirect, incidental, special and/or
consequential, including loss of profits, suffered by you
from any use or access of, or any inability to use or
access, or any down time of, or errors contained within the
Site.
You expressly acknowledge that Triton Properties does not
exert control over users of the Internet and is not liable
for damage suffered by you, either directly or indirectly,
as a result of you accessing the Site.
While Triton Properties endeavours to regularly update the
Site, Triton Properties does not warrant that all
properties, products or services
are available for purchase at the time you use the Site and
will not be liable for any loss or damages suffered as a
result of the unavailability of any such properties,
products or services.
9.
Miscellaneous
Triton Properties relies upon your continued observance of
the Terms of Use. In the event that Triton Properties
suffers loss or damage or incurs any costs associated with
any breach of the Terms of Use or any associated legal
obligation, you agree to indemnify Triton Properties for
those losses, damages and costs.
The Terms of Use are governed by and construed in accordance
with the laws of the State of Queensland, Australia. You
irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the Courts of the State of Queensland and
Courts of Appeal from them for determining any dispute
concerning the Terms of Use.
If any provision of the Terms of Use is found to be invalid
or unenforceable by a Court of Law, such invalidity or
unenforceability will not affect the remainder of the
agreement which will continue in full force and effect.
If Triton Properties does not act in relation to a breach of
the Terms of Use by you, this does not waive Triton
Properties’ rights to act with respect to subsequent or
similar breaches of the Terms of Use by you.
10. Termination
The Terms of Use are effective until terminated by Triton
Properties. Triton Properties may terminate the Terms of
Use and your access to the Site at any time without notice.
In the event of termination, all restrictions imposed on you
by the Terms of Use and/or disclaimers and limitations of
liability set out in the Terms of Use will survive.
Website Terms of Use last updated 10 January 2008
