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Terms of Use

TERMS & CONDITIONS OF USE

This website is owned by Pepper Publishing Pty Ltd, trading as Newcastle Weekly (“We”, “Us” or “Our”).

Your access to this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these terms of use (collectively “Terms of Use”) and otherwise contained on www.newcastleweekly.com.au (collectively, the “Site”).

Your use of, and/or access to, the Site constitutes your agreement to the Terms of Use. We reserve the right, at Our sole discretion, to amend the Terms of Use by posting the revised Terms of Use at any time and without notice to you. Such amendments will be effective upon posting. It is therefore your responsibility to read these Terms of Use carefully and check these Terms of Use periodically for amendments. Your continued use of the Site following the posting of changes will be construed as evidence that you accept and agree to all such amendments.

A copy of the current Terms of Use is displayed on the Site at all times.

PRIVACY POLICY

Our privacy policy (“Privacy Policy”) applies to all use of this Site, and its terms are hereby made a part of these Terms of Use.

We will not share any of your user information with external parties unless expressly authorised by you to do so. Where you provide any personal or sensitive information directly to a third party, whether through direct contact with real estate agents or otherwise, you acknowledge and agree that We have no responsibility in respect of that disclosure. We retain the right at all times to monitor, retain and disclose any information as necessary for us to satisfy our obligations under any applicable laws, or to maintain the Site in line with these Terms of Use.

Additionally, by using the Site you acknowledge that Internet transmissions are not always private or secure. You understand that while We implement and maintain security and safety measures against loss of data and information, any information you send to the Site may be read or intercepted by others, even if particular transmissions are encrypted.

For more information, please see our full Privacy Policy.

LIMITATION OF LIABILITY

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the content or material on or accessible through the Site (including any other content or transactions conducted through the Site or any linked site).

Except as expressly stated in these terms, or in any applicable warranty provided with certain goods, and to the extent permitted by law, We will not be liable for any loss, expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or materials of the Site (including linked websites) or goods or services purchased through the Site, whether based in contract, tort, negligence, statute or any otherwise, except for any liability that cannot be excluded by law.

You agree and acknowledge that your use of the Site and any contractual negotiations or a binding agreements entered into with other parties as a result of using the Site or any goods or services procured through the Site, in no way act to bind Us, or otherwise make Us a party to your dealings or obligations.

INTELLECTUAL PROPERTY RIGHTS

Unless this Site expressly indicates to the contrary, all information, text, material, graphics, software and advertisements appearing on this Site from time to time (“Content”) are Our property, or the property of the authorized persons such as real estate agents who licence use to use the Content. As such, the Content is protected by Australian and international copyright and trade mark laws, and in relation to Our property, We reserve all rights accordingly.

You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Us, except as expressly approved by Us in writing or as permitted under the Copyright Act 1968 (Cth) or any other relevant Legislation.

On the express condition that users keep all Content intact and in the same form as originally presented on this Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), We grant you permission to do the following with the material on the Site:

(a)     store a reproduction of the material on your local computer for the sole purpose of viewing the material; and

(b)     print hard copies of material for your personal information, but not commercial use.

Users must not use this Site in any manner or for any purpose which is unlawful or in any manner which violates any of Our rights or which is otherwise prohibited by the Terms of Use.

COMMUNICATION FACILITIES AND INFORMATION USE

The Site may from time to time contain electronic facilities which provide for provision of feedback by users to Us, such as real-time interaction between users and other electronic messaging and notice services (“Communication Facilities”).

If you contribute postings or any content to the Site, you grant Us a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails), in any form, and by any current or future media or technology. You consent to Us not attributing your authorship to any of your postings to this Site. We may also publicly display any information that you submit.

However, in utilising these Communication Facilities, you must not:

  • restrict or inhibit any other user from using or accessing any part of this Site;
  • use the Site to post or transmit any information or material that is unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of the Australian Capital Territory or other applicable place, breach the rights of any applicable third parties, or is contrary to any relevant standards or codes;
  • tamper with, hinder the operation of, or make unauthorised modifications to the Site, including the removal of any copyright, trade mark or other proprietary rights notices contained in or on the Site;
  • knowingly transmit any viruses, worms, defects, trojan horses or other component designed to harm or hinder the hardware, software or other facilities of Us or any of Our users;
  • use any means to retrieve or index any portion of the Site, or collect any information about other users or Our user accounts;
  • modify, adapt, translate, or reverse engineer any portion of the Site, including reformat or framing any portion of the web pages that are part of the Site;
  • create user accounts by automated means or under false or fraudulent pretences;
  • use the Site to transfer or store illegal material including that which may be deemed threatening or obscene; or
  • post or transmit any information or material that advertises or promotes another business or website without the prior written consent of Us.

We reserve the right to monitor, review or remove the contents of its Communication Facilities. However, We shall not be responsible to ensure that users do not post information, material or file that is offensive, contravenes any applicable law or right or is misleading or deceptive.

PURCHASE TERMS FOR SERVICES

Our real estate listing and/or advertising services are offered to persons who can make legally binding contracts. Our Listing / Advertising Agreement is a separate legal agreement to this document.

We give no undertaking as to the availability of listing and/or advertising services for the Site.

AMENDMENTS TO SERVICES

All of our services come with guarantees that cannot be excluded under the Australian Consumer Law.

NO ENDORSEMENT

This Site may, from time to time, contain hyperlinks, advertisements, banners and /or other pointers to advertisements and Internet websites operated by third parties (“Linked Websites”). The Content and any resulting dealing from such advertisements and Linked Websites are the responsibility of the Content owners as listed on the Site and are not under Our control nor endorsed by Us. As such, We do not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material of these advertisements or Linked Websites. We do not accept any responsibility for the Contents of advertisements found on our Site nor does We specifically endorse the content of the Linked Websites. Users rely on the representations made in any advertisements on the Site and link to any such Linked Website and use or rely on such website entirely at their own risk.

NO SPAM

Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.

SEVERABILITY

If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.

GOVERNING LAW

This agreement is governed by the laws of the Australian Capital Territory, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the laws and courts of the Australian Capital Territory, Australia.

TERMINATION

The Terms of Use are effective until terminated or amended by Us. We may terminate this agreement and use access to the Site at any time without notice (excepting where we are bound by the terms of any separate service agreements). In the event of termination, all restrictions imposed on users, licenses granted by users and all of Our disclaimers and limitations of liability set out in the Terms of Use will survive.

MISCELLANEOUS

All rights not expressly granted herein are reserved.

 

 

Newcastle Weekly

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