Terms of Access - Property Shot Photography

WEBSITE — TERMS OF ACCESS

Disclaimer

The PropertyShot website is provided "as is". We are not responsible for any loss or inconvenience suffered in connection with use of this website or its content.

Be careful before relying on anything said on any website. Exercise common sense, make your own inquiries and get expert advice.

Terms of Access to the Website

This Website (referred to in these Terms of Access as the "Website") is owned and operated by Zelda Development Pty Ltd on the World Wide Web (“WWW”).

The Website is available for you to:

(a) Access and use. Such access and use is conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website (whether registered or just browsing) you are agreeing to the terms and conditions set out below in Part A and Part B

(b) Provide information about your opinions, product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to provide information about youropinion, product or service you are agreeing to the terms and conditions set out below in Pt B [on this linked page to Pt B paras 1-8].

Part A — Use of material on the Website

A. Except for the limited use set out in paragraph B following, you may not use the Website, or the material contained on it, for any purpose. This means you agree not to engage in any of the following:

(a) the reproduction of the material in any material form;

(b) the distribution of the material in any material form;

(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.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

B. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use (only) provided you do not remove any copyright and trade mark notices contained on the material.

C. You may not modify or copy:

(a) the layout of the Website;

(b) any images (moving or otherwise) or text or other content on the website;

and

D. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(a) re-sold and/or re-distributed in any material form;

(b) stored in any storage media; and/or

Links to other Websites

E. 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.

F. In relation to the other sites on the WWW, which are linked to the Website, the Owner:

(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and

(b) is not responsible for the material contained on those linked sites.

Disclaimers

G. Where the Owner is making the Website available for others to publish information, the Owner does so without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

H. 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 or opinion contained or referred to on the Website and/or of any linked sites; and

(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

I. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of 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.

J. 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;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

K. The Owner is not liable to you for:

(a) errors or omissions in the Website, or linked sites on the WWW;

(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

(c) any 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.

L. 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.

Limitation of liability

M. The Disclaimers set out above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner's liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:

If the breach of an implied warranty or condition relates to services:

(a) the supply of the services again; or

(b) the payment of the cost of having the services supplied again.

If the breach of an implied warranty or condition relates to goods:

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of such goods;

Use of information gathered

N. The Owner and/or people authorised by it may gather and process the information:

(a) which you may provide when accessing or using the Website, 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.

O. By registering on the Website, using the services offered by the Website (including submitting postings), or emailing Property Shot and/or the Owner, you will be supplying us with “personal information”. We may collect this information to administer and help you use the services and the Website, send you a password, contact you about your enquiries, and keep in touch with you.

P. In the event that you make postings to the Website which are in breach of these terms or the law, we may choose to pass your details and IP address on to an aggrieved person, or a law enforcement agency.

Termination of access

Q. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, 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.

Alteration of Terms of Access

R. The Owner reserves the right to change these Terms of Access:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

Licence to use intellectual property

S. In the event that you uploading any material onto the Website or send us any material electronically which is intellectual property including, but not limited to,copyrighted works, trade marks and service marks (the "intellectual property"), you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:

(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and

(b) allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.

Relevant jurisdiction

T. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

U. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, Australia without giving effect to any principles of conflicts of laws.

V. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

Limit of liability

W. The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

Indemnity

X. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this paragraph X referred to as “those indemnified”)

from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.