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Terms & Conditions Of Use of Website

 

By using the Forban Property website (Website) you acknowledge that you have read, understood and accept the legal provisions in these Terms & Conditions (Terms). Website mean any website owned and/or operated byForban Property and any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, Instagram, Linkedin, Wechat, Tiktok  or Pinterest.

 

The information contained on these Websites is subject to change without notice.  Each time you visit and use these websites you agree to the following terms and conditions current as at the time of your visit:

 

No Warranty as to information provided.

 

All information (including but not limited to the property area, floor size, price, address and general property description) on the website, is provided as a guide for you and has been provided to Forban Property by third parties.

In placing the information on the website, Forban Property has received the information from third parties. Forban Property have no belief one way or the other as to whether the information contained on the Website is correct, neither Forban Property, nor its licensors or suppliers (nor their respective directors, affiliates or employees) have checked the accuracy of the information and do no more than pass it on. We do not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information, contained on the Website.

Information contained on the Website should not be relied upon and you should make your own enquiries and seek legal advice in respect of any property on the Website or the information about the property contained on the Website. Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.

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HYPERLINKS TO THIRD PARTY SITES:

This Website may contain hyperlinks to websites operated by parties other than Forban Property. Such hyperlinks are provided for reference only. Forban Property does not control such websites, and is not responsible for their contents. Forban Property's inclusion of hyperlinks to such websites does not imply any endorsement of the information or material available on such websites or any association with their operators, and you use such websites, including information, material, products and services contained in them, solely at your own risk. Furthermore, because Forban Property's privacy policy is applicable only when you are on this Website, once linked to another website, you should carefully read that website's privacy policy before disclosing any personal information. In certain circumstances Forban Property may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website. Forban Property is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.

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USE OF WEBSITE:

As a condition of your use of the Website or any services on the Website, you warrant to Forban Property that you will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. In particular, but without limitation, you agree not to:

  • use the Website to defame, abuse, harass, store, threaten or otherwise offend others;

  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

  • use any automated scripting tools or software;

  • engage in or promote any unsolicited emailing or spamming via the Website;

  • impersonate any person or entity;

in any way make available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.

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CHANGES TO SITE:

Forban Property and its suppliers may make improvements or changes in the information, services, products, and other materials displayed on this Website, or terminate this Website, at any time without notice. Forban Property may modify the terms and conditions of access to and use of this site at any time, and such modifications will take effect immediately upon posting of the modified terms and conditions on this Website.  Accordingly, you agree to read the terms and conditions on a regular basis, and your continued access or use of this Website will be deemed to be your acceptance of the modified terms and conditions.

 

GOVERNING LAW:

These terms and conditions and the resolution of any dispute between Forban Property and you will be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law.  Forban Property's failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right.  Any legal action or proceeding between Forban Property and you related to these terms and conditions will be brought exclusively in a court of competent jurisdiction in Australia.

 

Copyright

 

OWNERSHIP OF INFORMATION:

Other than the proprietary Trade Marks, business names clearly shown on this website (‘Website’) and owned by Forban Property Pty Ltd (ABN 87 660 873 567) or one of their related entities (Forban Property) or where copyright is attributed to a party other than Forban Property, all information and materials displayed on this Website (including text, graphics, video and audio files, photographs and the organisation and layout of the Website) are owned by and copyrighted to Forban Property or one of its suppliers and all rights are reserved.

 

Other than as expressly permitted on this Website no reproduction, distribution, or transmission of the copyrighted information and materials on this Website is permitted without Forban Property's written consent. The Forban Property logo is a registered Trade Mark of Forban Property Pty Ltd (ACN 660873567) and is used by Forban Property under licence.

 

The copyright information and materials, together with the Trade Mark displayed on this Website are protected by Australian and international intellectual property laws.

 

Forban Property does not warrant that your use of the information and materials displayed on the Website will not infringe the rights of third parties not owned by or affiliated with Forban Property.

 

USE OF INFORMATION:

You may access, use, download and print information and materials displayed on this Website for your personal and non-commercial use only. You may not modify, publish, license, create derivative works from, transfer, or sell any information, materials, software, products or services obtained from this Website without the written permission of Forban Property.

 

WARNING: Forban Property reserves the right to take whatever legal action it deems necessary to protect itself, the security of this Website and the intellectual property rights of the information provided by Forban Property and its authorised agencies.

 

Such action may include, but is not limited to action for breach of the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), Trade Practices Act 1974 (Cth) and the Privacy Act 1988 (Cth), breach of contract and any obligation of confidentiality.

 

In particular any unauthorised use of this information has the potential to misrepresent in a misleading fashion the involvement of Forban Property and its authorised agencies.  Any such misuse will be prosecuted.

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