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Website Terms and Conditions of Use
By accessing or otherwise using the CENTREPOINT Website, you agree to be bound by these conditions of use. You acknowledge that CENTREPOINT provides access to the CENTREPOINT Website to you subject to these conditions of use.
The CENTREPOINT Website is a service provided by CENTREPOINT for the following purposes:
- informing its Customers;
- enabling its Customers to provide information to CENTREPOINT; and
- providing Customers with an online personal property management service.
By accessing or otherwise using the CENTREPOINT Website, you agree to be bound by these conditions of use. You acknowledge that CENTREPOINT provides the CENTREPOINT Website to you subject to these conditions of use.
CENTREPOINT is entitled, at its sole discretion, to amend, add or remove any part of these conditions of use at any time without notice. You should periodically read these conditions of use. Your continued use of the CENTREPOINT Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Unless indicated otherwise, all intellectual property in the CENTREPOINT Website is owned or licensed by CENTREPOINT (CENTREPOINT Website IPR). Subject to these conditions of use, CENTREPOINT grants to you a non-exclusive and non-transferable limited licence to:
- view, download and use information directly accessible through the CENTREPOINT Website; and
- use the CENTREPOINT Website IPR for the purpose of online personal property management only.
You agree that, subject to your use of the CENTREPOINT Website in accordance with the limited licence granted to you, you will not infringe CENTREPOINT's intellectual property in the CENTREPOINT Website and will not modify, copy, republish, frame, distribute or communicate any part of the CENTREPOINT Website or any information contained therein or otherwise use the CENTREPOINT Website in a way which will infringe CENTREPOINT's intellectual property or other rights.
Except as provided by law, the CENTREPOINT Website is provided "as is" and without any warranty or condition, expressed or implied.
CENTREPOINT does not warrant that the information contained in or accessible through the CENTREPOINT Website is accurate, suitable for your purposes or without errors, omissions or viruses. CENTREPOINT does not guarantee continuous, uninterrupted or secure access to the CENTREPOINT Website. You acknowledge that access and use of the CENTREPOINT Website (including the software operating in connection with the CENTREPOINT Website) may be interfered with by numerous factors outside of CENTREPOINT's control. CENTREPOINT does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the CENTREPOINT Website.
Subject to the provisions of the Trade Practices Act 1974, CENTREPOINT makes no representations or warranties in respect of the information and materials available on the CENTREPOINT Website or the means of accessing that information and material (including the software operating in connection with the CENTREPOINT Website). CENTREPOINT makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than CENTREPOINT which are or may become linked or framed to or from the CENTREPOINT Website.
Use of Information
If you upload or otherwise provide any information or content (Content) in the course of accessing or using the CENTREPOINT Website, you agree that such Content will be available to CENTREPOINT to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services CENTREPOINT considers to be inappropriate;
- violates any law, statute or regulation;
- forges information to disguise the origin of any Content; and
- encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant CENTREPOINT a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in CENTREPOINT's favour.
SecurityAccess to your online personal property management service is password protected. Either memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone unless you wish to allow them to access your online personal property management service and information relating to your property portfolio, including revenue per property, photos and addresses.
Limitation of Liability
You agree that CENTREPOINT is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising out of, or in connection, with:
- the use of the CENTREPOINT Website;
- the use by CENTREPOINT of information provided by you to CENTREPOINT through the CENTREPOINT Website;
- being unable to access the CENTREPOINT Website for whatever reason and however arising, including (without limitation) negligence; and
- the use of your CENTREPOINT Website password by you or any third party whom you have made the password available.
To the extent that CENTREPOINT is able to limit the remedies available under these conditions of use, CENTREPOINT expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at CENTREPOINT's sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the repayment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
You indemnify CENTREPOINT against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these conditions of use; or
- any breach or inaccuracy in any representations or warranties made to CENTREPOINT.
You must not establish links on any other website to the CENTREPOINT Website or any other part or parts of the CENTREPOINT Website without the prior written consent of CENTREPOINT.
CENTREPOINT may alter any of the content on this website at any time.
Breach and termination
Choice of Law and Use of CENTREPOINT Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of New South Wales, Australia. CENTREPOINT has designed the CENTREPOINT Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the CENTREPOINT Website outside the Commonwealth of Australia. The CENTREPOINT Website is available only to people in Australia who can form legally binding contracts under applicable law.
Customer or you: means existing or potential customers of CENTREPOINT or persons accessing or otherwise using the CENTREPOINT Website.
CENTREPOINT or us: means [CENTREPOINT PROPERTY AND ASSET MANAGEMENT Pty Ltd]
CENTREPOINT Website: means the website accessible through the address: www.CENTREPOINTPM.com.au and operated by CENTREPOINT.