Terms of Use - Hindmarsh

TERMS OF USE AGREEMENT BETWEEN USER AND Hindmarsh

The Hindmarsh web site is comprised of various Web pages operated by Hindmarsh (“Hindmarsh Web Site”). These Terms of Use and the Privacy Policy together apply to, and govern your access, use and interaction with the Hindmarsh Web Site.

The Hindmarsh Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hindmarsh Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Hindmarsh reserves the right to change the terms, conditions, and notices under which the Hindmarsh Web Site is offered, including but not limited to the charges associated with the use of the Hindmarsh Web Site.

LINKS TO THIRD PARTY SITES

The Hindmarsh Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Hindmarsh and Hindmarsh does not endorse and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hindmarsh is not responsible for webcasting or any other form of transmission received from any Linked Site. Hindmarsh is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hindmarsh of the site or any association with its operators. You acknowledge and agree that your use of these Linked Sites is at your own risk.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Hindmarsh Web Site, you warrant to Hindmarsh that you will not use the Hindmarsh Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hindmarsh Web Site in any manner which could damage, disable, overburden, or impair the Hindmarsh Web Site or interfere with any other party’s use and enjoyment of the Hindmarsh Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hindmarsh Web Sites.

Unless we indicate otherwise, you must not copy, distribute, republish, download, display, post or transmit the Hindmarsh Web Site or any aspect of it in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Hindmarsh. You may access and use the Hindmarsh Web Site for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Hindmarsh Web Site.

USE OF COMMUNICATION SERVICES

The Hindmarsh Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Hindmarsh has no obligation to monitor the Communication Services. However, Hindmarsh reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hindmarsh reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

Hindmarsh always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hindmarsh’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hindmarsh does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hindmarsh specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hindmarsh spokespersons, and their views do not necessarily reflect those of Hindmarsh.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Hindmarsh OR POSTED AT ANY Hindmarsh WEBSITE

Hindmarsh does not claim ownership of the materials you provide to Hindmarsh (including feedback and suggestions) or post, upload, input or submit to any Hindmarsh Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Hindmarsh, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. Subject to the terms of our Privacy Policy, any Submission by you will be deemed to be non-confidential.

No compensation will be paid with respect to the use of your Submission, as provided herein. Hindmarsh is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hindmarsh’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Hindmarsh Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Hindmarsh and/or its suppliers may make improvements and/or changes in the Hindmarsh Web Site at any time. Advice received via the Hindmarsh Web Site should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Hindmarsh and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Hindmarsh Web Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Hindmarsh and/or its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Hindmarsh and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Hindmarsh Web Site, with the delay or inability to use the Hindmarsh Web Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Hindmarsh Web Site, or otherwise arising out of the use of the Hindmarsh Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Hindmarsh or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Hindmarsh Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Hindmarsh Web Site.

You agree to indemnify, hold harmless and keep Hindmarsh and its associates, directors, officers, employees, agents and contractors indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct, your use of the Hindmarsh Web Site, your breach of provisions this licence or these Terms of Use, or your breach of any rights of third parties.

SERVICE CONTACT : info@hindmarsh.com.au

PROPERTIES FOR SALE

The content of brochure material was produced prior to completion of construction of applicable projects. Photographs of, and information pertaining to artists impressions depicting interiors, exteriors, landscaping, surrounding external streetscape and public plaza areas are intended as a guide only. The information provided herein is believed to be correct but is not guaranteed. Changes may be made during the development and dimensions; specifications and fittings may be changed without notice. Purchasers must rely on their own enquiries in relation to all matters in this brochure which is indicative only and is not an offer or contract. Hindmarsh will not be liable for any inaccuracies, omissions, or errors in the content nor for any loss or damage arising from action taken in reliance on the information.

TERMINATION/ACCESS RESTRICTION

Hindmarsh reserves the right, in its sole discretion, to terminate your access to the Hindmarsh Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws Australia. Use of the Hindmarsh Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hindmarsh because of this agreement or use of the Hindmarsh Web Site. Hindmarsh’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hindmarsh’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hindmarsh Web Site or information provided to or gathered by Hindmarsh with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hindmarsh with respect to the Hindmarsh Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Hindmarsh with respect to the Hindmarsh Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

WAIVER

Failure or neglect by Hindmarsh to enforce at any time any of the provisions of this licence or these Terms of Use shall not be construed or deemed to be a waiver of the rights of Hindmarsh under this licence or these Terms of Use.

No waiver by Hindmarsh of its rights under this licence or these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

CURRENCY

A reference to “$” or “dollars” throughout the Hindmarsh Web Site is a reference to Australian currency, unless stated otherwise.

COPYRIGHT

Except where necessary for viewing the content on the Hindmarsh Web Site or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no content on the Hindmarsh Web Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, or transmitted in any form by any process without our prior written consent or that of our licensor(s) (as appropriate). Trademarks used on the Hindmarsh Web Site are owned by us or third parties. You must not use any trademarks used on the Hindmarsh Web Site without the consent of the trademark owner.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

PRIVACY

Hindmarsh respects your privacy. If you provide information to us through using, accessing or interacting with, the Hindmarsh Web Site, you agree to provide accurate, current and complete information and agree to maintain and update such information where appropriate. The Privacy Policy applicable to the Hindmarsh Web Site explains how personal information will be treated as you access, use and interact with this Website, as well as how Hindmarsh manages the collection, use, disclosure, storage of your personal information and can be accessed on the Privacy Policy page of this Website.

SEVERABILITY

If any parts of these Terms of Use or licence are deemed to be unlawful, void or for any reason, unenforceable then that provision may be severed from this licence and it will not affect the validity and enforceability of the remaining provisions.

APPLICABLE LAWS

The law applicable to the Website and to disputes arising out of the Website is the law of the Australian Capital Territory, Australia.