Terms & Conditions
 

These Terms and Conditions form the basis upon which you may access and use our website.  Please read them very carefully before using this website.  By using the website, you signify that you accept these Terms and Conditions.  If you are not prepared to be bound by each and every provision that follows, please exit.

 

1.         Unique Estates Pty. Limited ("UE") will at all times act diligently and with all due care, but accepts no responsibility or liability whatsoever for any loss or damage suffered directly or indirectly by your use or viewing of this website or any material published by or on it or accessed through a link on it.

 

2.         UE is not obliged and does not promise to monitor or sensor any material submitted for publication on the website but reserves the right, at its sole and absolute discretion, to edit any such material, to refuse to publish it and/or to remove it from the website.

 

3.         You acknowledge that errors and delays can occur in the transmission of data over the internet and that the format of the website may change at any time without notice to you.

 

4.         UE reserves the right, at its sole and absolute discretion, to alter the format, presentation, content, or any other element of the website at any time without notice to you.

 

5.         Upon payment of the fee, notified to you for publication of your advertisement on the website, UE agrees, subject to these Terms and Conditions to publish your advertisement on the website for a period of 3 months.  If you wish to re-advertise at the expiration of that period, these Terms and Conditions apply for that re-advertisement but UE reserves the right to alter the fee and the Terms and Conditions at any time.

 

6.         The subject matter on and accessible from our website is copyright.  Apart from fair dealing permitted by the Copyright Act 1968, we grant visitors to the website permission to download copyright material only for private and non-commercial purposes.  For reproduction or use of copyright material beyond such use, written permission must be obtained directly from UE or the relevant copyright owner.  If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

 

7.         UE gives no warranties, representations or assurances, express or implied, whatsoever:

 

(a)        about any material published on the website;

 

(b)        that material published on the website is accurate, complete, current or timely;

 

(c)        about the ownership, availability, suitability or quality of any property advertised on the website;

 

(d)       about the likelihood of any advertisement on the website being viewed by any member of the public;

 

(e)        that any advertisement on the website will achieve any particular response or result from visitors to the website;

 

(f)        that defects or errors will not occur on the website;

 

(g)        that the internet service provider through which the website is provided will operate at all times without technical failures; and

 

(h)        that the website or its internet service provider will be unaffected by viruses, worms, spyware or corrupting computer codes.

 

8.         In consideration of being permitted to use or view this website, you expressly agree, irrevocably and unconditionally:

 

(a)        to pay any fee notified to you for publication of your advertisement on the website;

 

(b)        to ensure that material submitted to UE for publication on its website is true and correct in every respect;

 

(c)        that any material submitted to UE for publication on its website will not offend any of the laws of Australia, its States or Territories and will not contain anything that could expose UE to any claim, action, suit, demand, legal proceedings or sanctions;

 

(d)       to advertise on the website only properties that are currently available for sale;

 

(e)        to e-mail UE a request to withdraw any property advertised on the website within 24 hours of a Contract for Sale of the property becoming unconditional;

 

(f)        that you cannot assign any agreement that you have with UE for the publication of material on its website without the written consent of UE;

 

(g)        that to the fullest extent permitted by law, UE is excluded from any responsibility and/or liability to any person for any loss or damage suffered directly or indirectly by your use of this website or any information or material published on it or by any information or material published by you on or through the website;

 

(h)        that to the fullest extent permitted by law, any and all conditions or warranties implied or imposed by the Trade Practices Act 1974 (C'th) and/or the Fair Trading Act 1989 (NSW) are hereby negatived and that any liability that cannot be so negatived is limited to a re-supply of the services provided;

 

(i)         to waive any and all rights that you may have against UE for any loss or damage of whatsoever kind suffered, directly or indirectly, by any person in connection with the use or viewing of the website.  You agree that you will not hold UE liable or responsible in any manner whatsoever;

 

(j)         to wholly discharge, release, indemnify and hold harmless UE against any and all liability, costs, damages, damage to property, loss, consequential loss, loss of profits, expenses, compensation, costs, including legal costs on a full indemnity basis, charges and all risks, claims, actions, suits, demands or legal proceedings of any nature whatsoever brought or made against UE by you or by any third party, or arising directly or indirectly from your use or viewing of this website, irrespective of whether such loss, damage, injury, costs, claims, actions, suits or demands shall have been caused or contributed to by any act, omission or negligence on the part of UE, its officers, employees or agents;

 

(k)        that the release, discharge and indemnity provided by you pursuant to these Terms and Conditions may be pleaded as a complete bar to any action, claim, suit, demand or legal proceedings commenced by you or on your behalf against UE or its officers, employees or agents in connection with your use, advertising on or viewing of this website;

 

(l)         that any notices required by any agreement between you and UE are properly served if sent by e-mail to an e-mail address provided by you to UE;

 

(m)       that any delay enforcing any of these Terms and Conditions is not, and is not to be construed as, a waiver of any of these Terms and Conditions;

 

(n)        that these Terms and Conditions comprise the entire agreement between you and UE; and

 

(o)        that the proper law of the agreement between you and UE is the law of the State of New South Wales and that the Courts of New South Wales have exclusive jurisdiction with respect to that agreement and these Terms and Conditions.

 

 
   
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