TERMS OF USE
Set out below are the terms of use and membership for using this service. Please read this information carefully.
TERMS OR USE OF THE WEBSITE
By accessing, using or browsing this site or downloading any information from it, you agree to be bound by our terms of use set out below, and our privacy policy and any other terms and conditions, notices and disclaimers displayed elsewhere on My Property Partner relating to your use of My Property Partner (My Property Partner Terms). Please read the information carefully. If you do not agree to the legal information and terms and conditions below, please do not access this website or any pages on this website any further.
TERMS AND CONDITIONS OF MEMBERSHIP
My Property Partner provides an online networking service (the "Service") through the My Property Partner.com.au website. The Terms and Conditions of Membership sets out the terms under which the Service is provided to you. By registering with My Property Partner.com (“My Property Partner”) you become a member of the Service (a “Member”). The Service is being provided to you under the terms and conditions of this agreement and any operating rules, policies, and procedures as currently published on the website by My Property Partner. We reserve the right to change the terms and conditions of this agreement, change the Site (including discontinuing any content on or feature of the site) or change any fees or charges for using the Site at any time. By becoming a member and using the Service, you agree to be bound by all of the terms and conditions of this agreement. If you do not accept all of these terms and conditions, please do not continue to use the Service.
ELIGIABILITY AND REGISTRATION
To be eligible to use the Service, you must provide certain current, complete, and accurate information about yourself at registration and maintain and update such registration information ("Registration Data") so that such information remains current, complete and accurate. My Property Partner may refuse to offer its Service to anyone without the need to give any reason and may change its criteria for Membership at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, My Property Partner retains the right to terminate your Membership immediately.
MEMBERSHIP
You must be at least 18 years old to become a member of My Property Partner. You must not attempt to register if you are under 18 years old.
When registering as a member of My Property Partner, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account Settings.
As a member, you are permitted to create one My Property Partner profile for yourself. You must not create multiple member profiles.
All personal information you provide to us will be treated in accordance with our Privacy Policy.
AUSTRALIAN RESIDENTS
The information contained on this site is provided for Australian residents only. It is not provided to any person (whether a resident or not) in any other country. Accessing and/or using information relating to countries of which you are not a resident is done entirely at your own risk.
TERMINATION AND SUSPENSION
You may terminate your membership of My Property Partner for any reason only by providing written notice to us. You can provide notice of termination by emailing us via the Contact Us (/contact/index.jsp) page.
We reserve the right to, without limitation, do any or all of the following in relation to your membership: i. suspend your membership or permanently or temporarily hide all or part of your member profile; ii. modify your member profile; iii. terminate your membership for any reason by providing notice to you by email; iv. terminate your membership immediately without notice to you if you have committed a breach of the My Property Partner Terms; v. deactivate your membership if you have not used My Property Partner for a period of 6 months or more (from the date of last use); and/or vi. permanently or temporarily block your access to all or part of My Property Partner.
PROCESSES, FEATURES, PRODUCTS and SERVICES
As a member, you have the ability to access chargeable processes, features, products and services available on My Property Partner (such as Premium Membership, downloadable contracts or any other chargeable feature that becomes available from time to time).
Further details and any additional terms and conditions (including pricing) relating to chargeable processes, features, products and services will be made available on My Property Partner. Any such additional terms and conditions form part of the My Property Partner Terms.
We reserve the right to change the pricing for any chargeable process, feature, product or service on My Property Partner at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of My Property Partner or terminate your membership in accordance with the My Property Partner Terms.
Unless expressly stated otherwise, the pricing for use of any chargeable process, feature, product or service on My Property Partner will be stated GST inclusive. Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited back to you.
In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.
While we use reasonable endeavors to ensure that My Property Partner is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to My Property Partner may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any process, feature, product or service of My Property Partner in whole or in part any time.
You are not permitted to transfer any process, feature, product or service purchased by you to any other person.
In no event will you be entitled to any refund of payments for chargeable process, feature, product or service pre-paid by you. We will review requests for refunds at our sole discretion.
SECURE ACCESS
Access to and use of the Service is through a combination of member name and Password. You are responsible for maintaining the confidentiality and security of your My Property Partner member name and password and you must not permit any third party to use the Service on your behalf.
You are wholly responsible for all activities that occur under your My Property Partner member name and password.
You agree to immediately notify My Property Partner of any unauthorised use of your My Property Partner member name or password of any unauthorised use of the Service through your account or any other breach of security known to you.
You must ensure that you exit from your My Property Partner account at the end of each session.
My Property Partner may at any time request a form of identification to verify your identity and/or your compliance with the My Property Partner Terms.
PASSWORD AND SECURITY
Access to and use of the Service is through a combination of Email and Password. You are responsible for ensuring that you maintain the confidentiality of your Email and Password and you must not permit any third party to use the Service on your behalf.
You agree to immediately notify My Property Partner of any unauthorised use of the Service through your account or any other breach of security known to you.
CONTENT
Any images, sounds, or text (Content) that you transmit or post on My Property Partner, or otherwise transmit to any other member of My Property Partner by any other means, must be complete and accurate.
You agree not to post or transmit on My Property Partner, or otherwise transmit to any other member of My Property Partner by any other means, Content that: 0. is unlawful, obscene, defamatory, indecent, offensive or inappropriate; 1.is false or misleading in any way; 2. infringes the rights of any third party; 3.you do not have a right to make available under any law or contractual obligation; 4.is sexually explicit or contains sexual references / innuendo; 5. pertains to group sexual activity or soliciting contact for the purpose of extra marital (martial, de facto or relationship) encounters or affairs; 6. contains restricted or password only access pages, or hidden content; or 7. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
Without limiting the above, you must not transmit or post on My Property Partner, or otherwise transmit to any other member of My Property Partner by any other means, any images that contain: 0. images of any person other than you; 1. nudity; 2. images of animals; 3. a cartoon or illustration.
You are solely responsible for Content that you transmit or post on My Property Partner, or otherwise transmit to any member of My Property Partner by any other means.
We are not responsible for, and accept no liability with respect to, any content transmitted or posted on My Property Partner, or otherwise transmitted to any member of My Property Partner by any other means, by any person.
We reserve the right, but have no obligation, to review Content transmitted or posted on My Property Partner, or (where possible) otherwise transmitted to any member of My Property Partner by any other means.
Without limiting your responsibilities under the My Property Partner Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the My Property Partner Terms or otherwise has the potential to harm, endanger or violate the rights of any person.
We do not make any representations or warranties as to the accuracy, reliability or completeness of any content posted or transmitted on My Property Partner, or otherwise transmitted to any other member of My Property Partner by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on My Property Partner, or otherwise transmitted to any other member of My Property Partner by any other means.
USE OF MY PROPERTY PARTNER AND PROHIBITED ACTIVITIES
You agree not to use My Property Partner (or contact any other My Property Partner member) to: 0. defame, abuse, harass, stalk, threaten or otherwise offend others; 1. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming; 2. impersonate or create a profile for any person or entity; 3. promote, or provide information about, illegal activities or conduct; 4. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual; 5. exploit any person under the age of 18, or to solicit information from anyone under 18; or 6. solicit money, passwords or personal information from any person.
You also agree not to 0. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of My Property Partner; 1. "frame" or "mirror" any part of My Property Partner without our prior written authorisation; 2. use code or other devices containing any reference to My Property Partner to direct other persons to any other web page; 3. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of My Property Partner or cause any other person to do so.
My Property Partner is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. My Property Partner must not be used for commercial endeavors, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to My Property Partner is prohibited.
We have no obligation to monitor any member's use of My Property Partner, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
SAFE INTERACTION, COMPLAINTS AND DISPUTES
Unfortunately, it is possible that other members of My Property Partner may use My Property Partner in violation of the My Property Partner terms. For example, it is possible that another member may post or transmit on My Property Partner Content that is obscene or offensive, or use My Property Partner to harass you.
We urge you to be cautious when interacting with other members of My Property Partner. You should carefully select the Content that you post or transmit on My Property Partner, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on My Property Partner, or otherwise transmit to any other member of My Property Partner by any other means, will be considered non-confidential.
If you are experiencing problems with any other member of My Property Partner and would like to make a complaint, please send us an email via the Contact Us (http://www.My Property Partner.com.au/contact/index.jsp) page.
We may record and store any information relating to any complaint made against you.
We reserve the right, but have no obligation, to monitor disputes between members of My Property Partner.
You agree to hold us harmless in connection with any dispute or claim that you make against any other member of My Property Partner.
INTELLECTUAL PROPERTY
We own and retain all proprietary rights in and relating to My Property Partner. Proprietary rights in and relating to My Property Partner must not be used in any way without our prior written consent.
You warrant that any content that you post or transmit on My Property Partner, or otherwise transmit to any other member of My Property Partner by any other means, will not infringe the intellectual property rights of any third party.
Subject to our obligations under our Privacy Policy (http://www.MyProperty Partner.com.au/help/privacy.jsp) you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on My Property Partner, or otherwise transmitted to any member of My Property Partner, other than their own Content, without the express written permission of the relevant owner.
If you believe that any Content has been posted or transmitted on My Property Partner, or otherwise transmitted to any member of My Property Partner by any other means, in violation of your rights, please send us an email via the Contact Us (http://www.MyProperty Partner.com.au/contact/index.jsp) page.
EXTERNAL ACTIVITIES
From time to time, My Property Partner may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
External Activities may be subject to separate terms and conditions.
You acknowledge that you participate in any External Activities entirely at your own risk.
In relation to External Activities conducted by any third party (even if such third party has been contracted by us or My Property Partner is associated with such activity) we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the My Property Partner Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
THIRD PARTY WEBSITES AND ADVERTISNG
From time to time, My Property Partner may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of My Property Partner and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave My Property Partner entirely at your own risk.
From time to time, My Property Partner may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
INFORMATION PROVIDED
The information on this site is derived from various sources that were believed in good faith to be accurate and reliable at the time it was sourced.
My Property Partner and its related companies provide no warranty or guarantee nor make any representation or warranty on this site about the accuracy, timeliness, completeness or suitability of its information.
CHANGES TO THE SERVICE
My Property Partner reserves the right, without liability, to modify or discontinue any part of the Service, temporarily or permanently.
My Property Partner will give you the maximum amount of notice of such modification or discontinuance as is practicable in the circumstances. Notice of any changes to the service will be made by My Property Partner posting the changes on this website.
MODIFICATIONS TO TERMS AND CONDITIONS
My Property Partner may change the terms and conditions from time to time. My Property Partner will post the amended terms and conditions on the My Property Partner.com website upon any such change.
The amendments automatically become effective immediately after they are initially posted on this website and any use of the Service occurring after such date is subject to the amendments.
Your continued use of the Service after the posting of the amended terms and conditions on the website constitutes your acknowledgement of the terms and conditions and its modifications and agreement to abide by and be bound by the agreement, as amended.
The terms and conditions of this agreement may not otherwise be amended, except in writing signed by both parties.
RIGHTS
Content presented to you as part of the Service ("content") is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use this Content as expressly authorised by My Property Partner.
These terms and conditions do not transfer any right, title, or interest in the Service or the Content to you and you may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorised to do so by My Property Partner. You hereby irrevocably grant to My Property Partner all such rights in any content that you place on this website as shall be necessary for My Property Partner to provide the Service to its Members.
CONDUCT
You agree to abide by all applicable laws and regulations in your use of the Service including, without limitation, the Data Protection Act 1998. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to use the Service for illegal or immoral purposes and to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to publish, post, promote or otherwise transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You agree not to transmit or post any material that is defamatory, libelous or slanderous or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.
You agree not to publish, post or promote any telephone number, e-mail address or website address in your profile on the site belonging to you or any 3rd party. Under the terms and conditions of this agreement you agree not to engage in chain letters or post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail to any of the members or publicly on the website.
You agree not to use the Service to promote another service, site and/or business or solicit other Members’ business or buy or sell products and/or services. My Property Partner does not endorse the content of any Member postings or data nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of this website.
Under these terms and conditions you agree not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
You agree not to interfere or disrupt networks connected to the Service. Under these terms and conditions you must not use any device, software or routine to attempt to interfere with the proper functioning of this website.
Under these terms and conditions, you agree not to take any action that imposes an unreasonable or disproportionately large load on My Property Partner's infrastructure. In the event that you post or make accessible communications or other materials that infringe the copyright of a third party, My Property Partner may immediately terminate your access to the Service.
My Property Partner may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform with any provision of this Membership Agreement. You acknowledge and accept that any details posted by you on the Service will be displayed on this website and will therefore be accessible by other Members.
My Property Partner has no control over the quality, compatibility or safety of the Members; or of the truthfulness, accuracy or completeness of any posting on this website. Because My Property Partner does not review the substance of the postings on this website, Members must recognise the possibility that other Members' information may, despite the prohibitions set out in these terms and conditions, be inaccurate or deceptive.
DISCLAIMER
My Property Partner does not guarantee that the Service will be uninterrupted, timely, secure, or error free. Because My Property Partner is not involved in user-to-user or member-to-member dealings My Property Partner makes no warranty and accepts no responsibility regarding the results that may be obtained from the use of the Service, the suitability of any co-owners or co-nvestors or the accuracy or reliability of any content or information obtained through the Service.
My Property Partner does not endorse or recommend that co-ownership will be successful for everyone, My Property Partner purely provides a platform to meet potential co-owners and co-nvestors but does not guarantee or accept any responsibility or liability for the actions, present or future of any co-owners or co-investors registered with My Property Partner.
INFORMATION
The information on this site is general information only and does not constitute financial product advice, including a recommendation to invest in any financial product referred to on this site.
By sending any information to My Property Partner (including any data, questions, comments, suggestions or information for inclusion on this site) you:
Represent that the information is not confidential to or owned by any person;
Represent that the receipt of the information by My Property Partner not expose My Property Partner to any civil or criminal liability;
Represent that the information is not illegal, defamatory or otherwise likely to expose My Property Partner to any civil or criminal liability.
Agree to indemnify My Property Partner and all of its parents, subsidiaries, directors, agents, affiliates, officers, contractors, associates and employees from any loss suffered by them as a result of any use of, or reliance on that information.
COPYRIGHT
Unless expressly stated otherwise, copyright in the information and data contained on this site is owned or licensed by My Property Partner. It is intended that a person will use this information for their own personal use and may not otherwise reproduce or distribute or transmit it to any other person unless express permission is given by My Property Partner each time for use.
The information contained or supplied within to users and members may not be sold, assigned, reproduced or copied in any form whatsoever without the prior written consent of the party that supplied the information. The information is protected by copyright, all rights reserved. Please contact My Property Partner if you would like to reproduce any content available on this site, or if you would like to link your website to this site.
TRADEMARKS
Any trademark displayed on this site remains the property of the legal owner in accordance with their rights of use. Access to, downloading from or otherwise copying from this site does not grant a licence or right to use any party's trademark or transfer title to any software or material on the site.
PRIVACY POLICY
In this privacy policy, "us", "we" or "our" means My Property Partner, mypropertypartner.com.au (ABN 482122 65189). At My Property Partner, we are committed to ensuring the privacy of your information. We understand that as a customer, user or member using the My Property Partner website how important the privacy of your personal information is to you. The following statement addresses relevant privacy issues for My Property Partner. However, if you have any further questions relating to this privacy statement, please do not hesitate to email us.
PRIVACY STATEMENT
In completing the application and registration process, you have been asked to provide information in connection with an application you have made to become a My Property Partner user or member.
My Property Partner may want to verify your information and responses and may utilise the services of a credit reporting agency to assist with public record consumer credit services and identification checks for the purposes of assessing your application for registration, membership and or use of our services. For each assessment performed, a credit reporting agency database is searched and returns any public record adverse information recorded there against the individual (e.g. bankruptcy, judgments, summons etc) at that point in time. This information is sourced from the relevant bodies (e.g. ITSA, courts etc). It does not return default information against an individual from other credit providers (access to default information is restricted to Credit Providers only by Part III of the Privacy Act).
The personal information you provide and any other personal information collected during the registration and membership assessment process will be used by My Property Partner in the course of considering your application for registration and membership.
My Property Partner has engaged external contractors to conduct public record credit and identity checks and to verify some or all of the information you have provided for these purposes. The credit reporting agency may use the information and responses you have provided to apply to government agencies and other relevant sources for verification of your information and responses and to conduct public record searches. Credit reporting agencies are under an obligation to keep your information confidential and not to use it for any other purpose.
You authorise My Property Partner to use the information and responses you have provided for these purposes, and for the credit reporting agency to report this information to My Property Partner for the assessment of registration and membership services. Depending on information you supply in the registration and membership assessment process, the credit reporting agency may conduct credit and identity checks regarding your residency, claims, judgments, current and previous directorships, and other public records. The existence of a prior claim or judgment or other information relating to the registration process and application for membership will only be taken into account by My Property Partner where relevant and will not necessarily make you ineligible for registration or membership. Although we may request information regarding your age, gender, and names, this information will not be a factor in any decision regarding membership and registration. It will only be used for the purpose of the credit reporting agency requesting information from government agencies or other sources which require this information in order to process requests for information in the application and registration process. If you do not provide the personal information requested in the application and registration process and its necessary consents, My Property Partner may not be able to offer you registration or membership.
When you use our site, read or download information, we may collect details on your visit. This may include:
Your server address Your operating system e.g. web browser
The date and time of your visit
Whether you have visited us previously.
The information we collect generally relates to your server or PC rather than yourself (except where personal information is provided to My Property Partner in accordance with our Privacy Policy).
Our Privacy Policy may be accessed within this site.
PRIVACY LAWS
My Property Partner agrees to:
(a) comply with the Privacy Laws in respect of any Personal Information received by it customers, from the credit reporting agency and any other third parties;
(b) comply with the Privacy Laws in respect of any Personal Information received by it from the credit reporting agency and other third parties or disclosed by it to the credit reporting agency or any other third parties including, without limitation: (i) Part IIIA of the Privacy Act and the Credit Reporting Code of Conduct; and (ii) before it uses any consumer credit, identification and background checking services informs and where necessary obtains the consent of the Individual that Personal Information about them will be disclosed to and obtained from a credit reporting or background checking agency. Users and members where it supplies Personal Information to My Property Partner in relation to its Services:(i) warrants that to the best of its knowledge the information is accurate, up to date and complete;(ii) undertakes to promptly supply My Property Partner with all relevant information required to correct or update that information; and
(c) undertakes where it becomes aware that it has supplied My Property Partner with incorrect or incomplete information to immediately provide My Property Partner with all relevant information required to correct or complete that information.
Users and members acknowledge that all Personal Information it supplies to My Property Partner shall become the property of My Property Partner at the time the information is provided to My Property Partner. The Customer irrevocably authorises My Property Partner to retain and use the information supplied to it for any purpose authorised by law (including any Privacy Law). This clause shall be deemed to also extend to any information supplied by users and members prior to the date of execution of this Agreement.
In the event of any dispute arising from this website, the laws of Victoria will apply. You consent to the non-exclusive jurisdiction of the courts of Victoria.
STORAGE OF DATA
My Property Partner reserves the right to establish a limit on the amount of computer storage a Member may use through the Service. My Property Partner assumes no responsibility for the deletion of or failure of the Service to store transmissions, data or posting.
EXCLUSION OF LIABILITY AND INDEMNIFICATION
Users and members acknowledge:(a) the information provided to My Property Partner may in whole or in part represent or be based on information provided to My Property Partner from third parties, public registers or publicly available information sources;(b) information delivered to a user or member may not be all the information My Property Partner holds on the relevant Individual or organisation;(c) My Property Partner does not and cannot guarantee or warrant the correctness, completeness, merchantability or fitness for a particular purpose of any information or Service provided by My Property Partner. Such information or Service is to be considered current within My Property Partner’s established procedures for updating information and products and usually is not the product of independent investigation prompted by an enquiry (whether by the user, member or another person); and (d) that every business decision, to some degree or another, represents an assumption of risk and that My Property Partner in providing information, processes, features, products and services does not and cannot underwrite user’s and member’s risk in any manner whatsoever.
My Property Partner does not accept liability for any damages for loss of profits, use, data or other intangible property or any indirect, incidental or consequential damages, resulting from the use or the inability to use the processes, features, products or service or resulting from unauthorised access to, deletion or alteration of transmissions or data or failure of the process, feature product or service to store transmissions or data.
My Property Partner does not accept liability for any damages, loss of money, health or other tangible property or any direct damages resulting from finding a co-owner or co-investor through the My Property Partner website or actually buying with a co-owner or co-investor found on the My Property Partner website. My Property Partner does not accept responsibility for the security or content of any information which members supply through the site and will not be liable for the content of any communications or messages received by you from any other user or member.
My Property Partner's liability to you in any circumstances is limited to the amount of fees or commissions collected by My Property Partner from you if any. So far as the law permits, the liability of My Property Partner for a breach of a condition or warranty that cannot be excluded is limited, at My Property Partner’s option, to:(a) in the case of goods:(i) the replacement or repair of the goods;(ii) the supply or equivalent goods; or (iii) the cost of replacing or repairing the goods or of acquiring equivalent goods; and(b) in the case of processes, features, products or services:(i) the supply of the process, feature, product or services again; or(ii) the cost of having the process, feature, product or service supplied again.
You agree to indemnify, defend and hold My Property Partner, its parents, subsidiaries, directors, agents, affiliates, officers, contractors, associates and employees harmless from and against all liabilities, claims, loss, injury, damages and expenses that you or any other party incur as a result of your use of this site, based on any errors or omissions in the content of this site or that may arise from any breach of these terms and conditions by you. This indemnity shall be applicable without regard to the negligence of any party.
To the maximum extent permitted by law users and customers agree that, despite any negligence or omission on the part of My Property Partner, My Property Partner shall be under no liability to the users or members in respect of any loss, liability or damage of any kind suffered or incurred by users or members, including loss of profits and any indirect, consequential or economic loss, arising out of or relating to:(a) the supply of any information, process, feature or any product or service to users or members; or(b) any delay in supplying or failure to supply any process, feature, information, product or service to the user or member; or(c) any decision made using information or any service supplied by My Property Partner.
All conditions and warranties expressed or implied by statute, the common law, equity, trade, custom or usage or otherwise are expressly excluded to the maximum extent permitted by law. Users and members agree not to make, and waive any right it may have to make, a claim against My Property Partner under section 52 of the Trade Practices Act 1974 and any corresponding or similar provision of any Australian State or Territory legislation arising out of or relating to:(a) the supply of any information or any Service to users or members; or (b) any delay in supplying or failure to supply any information, process, feature or Service to users or members; or (c) any decision made using information or any Service supplied by My Property Partner.
Users and members agree to release, hold harmless and indemnify My Property Partner to the maximum extent permitted by law from and against any liability whatsoever and howsoever arising (including, without limitation, from negligence on the part of My Property Partner or others) arising out of or relating to:(a) the supply of any information, process, feature or any product or service to users or members; or(b) any delay in supplying or failure to supply any information or service; or (c) any decision made using information, process, feature or any product or service supplied by My Property Partner to users or members.