TERMS AND CONDITIONS

MCCAMMON REAL ESTATE

We operate and provide this Website and its related Services subject to the following Terms and Conditions.

By accessing, browsing, or using this Website or the Services you agree that you have read, understood and agree to be bound by these Terms and Conditions, our Privacy Policy (Privacy Policy) and all applicable laws, and you acknowledge that this Website and the Services are available for your use only on the condition that you agree to be bound to these Terms and Conditions. You should read these Terms and Conditions and Privacy Policy carefully before using this Website.

We reserve the right to revise and update these Terms and Conditions by making any changes immediately. We will notify you as soon as reasonably practicable after such changes have been made. The revised terms will take effect when they are posted on the Website and your continued usage of this Website and/or the Services after any changes to these Terms and Conditions will mean you accept those changes.

In these Terms of Conditions:

(a) Business means the real estate business carried on by us;

(b) Intellectual Property means all present and future industrial and intellectual property rights relating to the Website, Services, Materials, and/or us, including, without limitation:

(i) inventions, patents, copyright, trade business, company or domain names, rights in relation to registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have Confidential Information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and

(ii) any application for or right to apply for registration of any of those rights.

(c) Materials means all of the materials displayed on the Website, including (without limitation) all information, text, graphics, names, logos, trade marks, design, software and advertisements;

(d) Services means the services provided by us to you from time to time in connection with our Business including, but not limited to, on the Website;

(e) us, we, and our means BRETT MCCAMMON REAL ESTATE PTY LTD ACN 159 380 702 and our employees, agents, contractors, affiliates and any other related parties;

(f) Website means our website located at https://www.mccammonrealestate.com.au/; and

(g) you and your refers to anyone who interacts with us in connection with the Business including, but not limited to, visiting and/or using the Website or in the course of enquiring about or receiving the Services.

1 PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information in accordance with the principles of the Privacy Act 1988 (Cth), the Australian Privacy Principles and (if applicable) General Data Protection Regulation (EU) 2016/679 or the Data Protection Act 2018 (UK) and “UK GDPR” (as defined in the Data Protection, Privacy and Electronic Communications Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations SI 2019/419). You can access our Privacy Policy at https://www.mccammonrealestate.com.au/privacy-statement.

2 OWNERSHIP, LICENCES AND SITE ACCESS

(a) You acknowledge that:

(i) all rights, title and interest in the Intellectual Property, anywhere in the world, belong to us or our licensors;

(ii) all rights in relation to the Intellectual Property are licensed (not sold) to you;

(iii) you hold no proprietary rights, title or interest in the Intellectual Property, other than the right to use such property in accordance with these Terms and Conditions; and

(iv) nothing contained in these Terms and Conditions shall be construed as an assignment or transfer of the Intellectual Property to you.

(b) We grant you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable, licence to use the Intellectual Property to access the Website and the Services for personal and non-commercial purposes only. You acknowledge and understand that you are solely responsible for your use of the Intellectual Property, Website and Services in this regard.

(c) You undertake and agree that you will not, without our prior written consent:

(i) rent, lease, sublicence, loan, sell or use for commercial purposes, the Intellectual Property, Website and/or Services;

(ii) modify, adapt, translate, reverse-engineer, decompile, disassemble, or make derivative uses of, the Intellectual Property, Website and/or Services;

(iii) copy, imitate, mirror, reproduce, distribute, disseminate, publish, download, display, perform, post or transmit any Intellectual Property in any form or by any means;

(iv) use the Intellectual Property, Website and/or Services in a way that may (or does) damage, disable, overburden, interfere with, or adversely affect the functionality of the Intellectual Property, Website and/or Services;

(v) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website, or collect any information from the Website or Services;

(vi) use the Intellectual Property, Website and/or Services in a way that may (or does) bring our business, the Website or Services into disrepute;

(vii) use the Intellectual Property unlawfully, in an inappropriate way or in a manner inconsistent with these Terms and Conditions;

(viii) infringe our rights (or the rights of any third parties) in relation to the Intellectual Property;

(ix) bypass or avoid our security features or measures which have been implemented on the Website or in connection with the Services (or attempt to do the same); and

(x) apply to register, or challenge the validity of, the Intellectual Property.

3 HYPERLINKS

Linking to our Website is prohibited (without our express written consent). Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense, and we accept absolutely no responsibility and make no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third-party websites.

4 ELECTRONIC COMMUNICATIONS

From time to time, we may offer a newsletter or service information updates. By accepting these Terms and Conditions, you consent to us using your email address to send you our newsletters or service information updates (as applicable). We may also use your email address to send updates to you, from time to time, about changes to the Services. If requested by you, we will remove you from our mailing list in accordance with the Privacy Policy.

5 TERMINATION

Notwithstanding any of these terms of use, we reserve the right, without notice or attendant liability, and in our sole direction, to terminate your use of this Website and our Services, and to block or prevent future access to (and the use of) this Website and our Services at any time, for any reason.

6 WARRANTIES AND GUARANTEES

(a) This Website is provided “as is” and we specifically exclude all warranties of any kind to the fullest extent permissible by law. We do not guarantee, the accuracy or completeness of the Website, or any information or content on the Website, or that the Website are free of defects or viruses and we accept no responsibility for viruses and defects.

(b) While we use reasonable endeavours as to avoid any disruption or downtime to the Website and/or Services, from time to time, there may be disruption to the Website and/or Services, in order to upgrade or maintain them, or for other circumstances beyond our control. Should there be any interruption to the availability of the Website and/or Services, we will use its reasonable endeavours to minimise that interruption.

7 REPRESENTATIONS AND INDUCEMENTS

You acknowledge and agree that we have not made any representations or inducements in respect of the Website and the Services.

8 LIMITATION OF LIABILITY

(a) You acknowledge and understand that:

(i) the Website and the Services have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that they meet your requirements and/or needs;

(ii) the use of this Website and the Services is entirely at your own risk;

(iii) we assume no duty of care to you or any other party who relies on anything provided for by us through the Website and Services;

(iv) we rely on all warranties and undertakings provided by you under these Terms and Conditions; and

(v) we are not obliged to confirm or check the accuracy, legitimacy or efficacy of the personal information or other materials you provide to us in connection with your use of the Website and/or Services.

(b) Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees, if any) for:

(i) any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill, or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this Website and the Services, or your use of or reliance upon any of the information or the Intellectual Property provided through the Website or Services, or otherwise provided by us to you; or

(ii) any losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way, arising in connection with:

(A) death, personal injury or property damage resulting directly or indirectly from your use of the Website and the Services; and/or

(B) any failure or delay due to matters beyond our reasonable control.

(c) Where the law implies a warranty into these Terms and Conditions, which may not be lawfully excluded, our liability for breach of such a warranty shall be limited to, in the case of the Services, the total amount paid by you to us for the Services.

(d) You agree that this Website is provided free of charge. We shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. We may from time to time, publish links to other third-party websites on this Website. Contents, hyperlinks or information held on other sites is not our responsibility. We shall not be held liable for any information held on websites which may have links to or from this Website, and which are not maintained and controlled by us. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person. Our aggregate liability to you for any other losses resulting from use of the Website is limited to the nominal amount of $1AUD.

9 INDEMNITY

You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website, Services or your breach of any of these Terms and Conditions.

10 DISPUTES

In the event of any dispute under these Terms and Conditions:

(a) you will notify us of the complaint using the contact details provided in these Terms and Conditions;

(b) we will review your complaint and request any further information that we may require;

(c) you and we will both negotiate in good faith to resolve the dispute; and

(d) you agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.

11 WAIVER

If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12 MINORS

This Website and the Services are designed and intended for individuals aged 18 and above. If you are less than 18 years of age, you must immediately cease using this Website and the Services. We accept no liability for individuals who use the Website or the Services who are under the age of 18 years.

13 EVENTS OUTSIDE OUT CONTROL

(a) We will not be liable or responsible for any delay in or failure to comply with these Terms and Conditions if such delay or failure is caused by circumstances beyond that party’s reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (Event Outside Our Control).

(b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions, our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavours to find a solution by which our obligations under these Terms and Conditions may be performed despite the Event Outside Our Control.

14 INTERNATIONAL USERS

We control and operate the Website and Services from Australia. We do not represent that the Website and/or Services are appropriate or available for use cross-jurisdictionally. If you are accessing the Website and Services from locations other than Australia, you acknowledge and understand that you are doing so at your own risk and on your own initiative, and you are solely responsible for compliance with local laws (as may be applicable).

15 OTHER AGREEMENTS

(a) These Terms and Conditions constitute the entire agreement between you and us with respect to this Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website.

(b) These Terms and Conditions together with any terms or conditions we may provide you in relation to the Services (Service Terms) constitute the entire agreement between you and us with respect to the Services. To the extent of any inconsistency between these Terms and Conditions and the Service Terms, the Service Terms will prevail.

16 VARIATION

(a) These Terms and Conditions may be amended or varied by us, at any time, for any reason, at our discretion, and may not be amended or varied in any other manner.

(b) While we will use reasonable endeavours to notify you as soon as such variations have been made, you are required to revisit these Terms and Conditions before placing any orders on the Website to ensure that these conditions have not changed.

(c) The new terms may be displayed on screen and you may be required to read and accept them to continue your use of the Website and/or Services.

17 ASSIGNMENT

We may transfer our rights and obligations under these Terms and Conditions to another party at our discretion, without notice to you. You may only transfer your rights or obligations under these Terms and Conditions to another party if we agree in writing.

18 SEVERANCE

Each of the conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

19 APPLICABLE LAW

By accessing, browsing or using this Website and/or the Services, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us, or our related companies. Regardless of where you access this Website and/or the Services, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed and adjudicated only in the federal or state courts located in South Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us, or any of its related companies.

20 CONTACT US

If you have any questions or suggestions regarding these Terms and Conditions, please contact us at:

Address: 2/95 Partridge Street, Glenelg South SA 5045
Email: sales@mccammonrealestate.com.au
Phone: 08 8295 8885