EXPERIENCE. TRUST. SOUND ADVICE.
Terms and Conditions
Licence to use Site We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use. You must not add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence or in breach of privacy; that would bring us, or the Site, into disrepute; or
- that infringes the intellectual property or other rights of any person.
The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. You acknowledge and agree that:
- we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
- the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
Reliance on content Whilst we have no reason to believe that any material or information contained on this Site is inaccurate, we do not warrant the accuracy, relevancy, reliability, adequacy or completeness of such material or information, nor do we undertake to keep this Site updated. We do not accept any responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of material or information contained on this Site. The material or information supplied on this Site is not (nor is it intended to be) legal or other professional advice and is provided as general information only which may be varied or removed at any time without notice. We do not give you any assurances that any information contained on this Site will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such material or information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
We make no promise, assurance, warranty or representation (express, implied or whatsoever) as to the accuracy, relevancy, reliability, currency or completeness of any material or information available on the Site. You should verify the accuracy, relevancy, reliability, currency or completeness of any material or information available on the Site and seek legal or other professional advice in relation to your specific situation before relying or acting upon anything contained on the Site in any manner whatsoever. You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website. Receipt or transmission by you of any material or information accessible via this Site is not intended to create a client-solicitor relationship between us and you.
Intellectual property rights Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public), and permit us to authorise any other person to do the same thing. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. The licences set out herein will survive any termination of these Terms. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out herein.
Warranties You represent and warrant to us that:
- you have the legal capacity to enter these Terms; and
- you have complied with all terms and conditions set out herein.
Limitation of liability To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. Further, nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
- we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site;
- any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
- we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this Site or respect of any failure or omission on our part to comply with our obligations as set out in these Terms.
You acknowledge that:
- prior to entering into these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these Terms and that prior to entering into these Terms you have availed itself of that opportunity; and
- at no time prior to entering into these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired, and in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
Termination These Terms terminate automatically if, for any reason, we cease to operate the Site. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. General You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland. You agree to indemnify us for all expenses, damage, costs or losses (including legal costs) that arise out of or in connection with your access or use of this Site, including in relation to any information you publish or post on this Site or transmit via this Site.
Principles of Contract Construction
It is almost inevitable. A contract, whether commercial or consumer in nature, is bound to have a word, phrase, provision, part or section which is not entirely clear and gives rise to more than one reasonable interpretation.
This is where most disputes between parties will occur.more …
Buying a Rent Roll or Client Book
A Few Things You Should Know
If you are buying a property management rent roll from another real estate agency or a book of clients from either a mortgage broker or financial planner, you can, and should, use a business contract with special conditions specifically drafted to cover transactions of thismore …
Testamentary Discretionary Trusts
Every Will should have them
These days almost every family estate will benefit from having family testamentary discretionary trusts incorporated into the parents’ wills. This is because the family will either have a valuable family home to pass down to the kids, jewellery, paintings and other heirlooms or either, or both,more …