These Website Terms of Use apply to this website which is operated by Frasers Property Australia, its related companies and trusts (together called "Frasers Property") under the domain name www.frasersproperty.com.au ("Website").
Frasers Property includes the operating entities listed at www.frasersproperty.com.au.
In addition to the terms contained in this document, there are also specific terms which form part of the terms of use and govern your use of, and access to, certain sections of this Website. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Website. In the event of any inconsistency between the provisions of these Website terms of use and those other specific and additional provisions, the specific and additional provisions will prevail.
By proceeding beyond the homepage you agree to accept these terms of use and Frasers Property agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with the conditions set out below.
We may revise these terms of use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these terms of use as amended.
Pursuant to this licence and subject to the absolute right of Frasers Property to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:
In addition to the terms contained in this document, there are also specific terms which form part of the terms of use and govern your use of, and access to, certain sections of this Website. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Website. In the event of any inconsistency between the provisions of these Website terms of use and those other specific and additional provisions, the specific and additional provisions will prevail.
By proceeding beyond the homepage you agree to accept these terms of use and Frasers Property Australia agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with the conditions set out below.
We may revise these terms of use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these terms of use as amended.
Pursuant to this licence and subject to the absolute right of Frasers Property Australia to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:
- View the material in the Website.
- Access material contained in the Website.
- Use the Website strictly in accordance with the provisions of this licence.
Website content
Frasers Property is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, floorplans, text, graphic and their arrangement ("Content"). Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Frasers Property or the written consent of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
You acknowledge and agree that if you contribute Content to the Website, such Content will become the property of Frasers Property and you hereby assign all rights, title and interests in and to such contributions to Frasers Property.
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions ("Feedback"), will be deemed to be non-confidential. Frasers Property has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Frasers Property will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
Frasers Property reserves the right to remove any Content from this Website at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content.
Your conduct when using this Website
You acknowledge and accept that your use of the Website indicates your acceptance of this licence and that you are responsible for all of your activity in connection with accessing the Website.
In accessing the Website, you must not:
- take any steps to obtain unauthorised access to this Website or any parts thereof that are not opened to public access;
- disrupt or interfere with or make attempts to disrupt or interfere with:
- the Website;
- any other user's enjoyment of this Website or Third Party Websites; or
- any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;
- engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;
- use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this Website without the express consent of Frasers Property except as expressly authorised by this licence;
- use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of Frasers Property;
- take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Website;
- reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
- post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
- use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.
In accessing this Website, you acknowledge and agree that:
- you must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. Frasers Property Australia reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
- if Frasers Property Australia issues you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not; and
- you have exercised your independent judgment and have not relied on any representation made by Frasers Property Australia which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Frasers Property Australia (which material may be out of date or superseded).
Links to other websites
The Website may contain links to other websites operated by third parties ("Third Party Websites").
Frasers Property does not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites ("Third Party Material").
Subject to any applicable law which cannot be excluded, Frasers Property makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
- that Third Party Material does not infringe the intellectual property rights of any person. Frasers Property is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.
When you follow a link on this Website, material at a Third Party Website may be displayed in your browser framed by material on this Website. This material is also Third Party Material for the purpose of these terms of use.
All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the Website, such offers and statements are made by Frasers Property on behalf of the operator. Frasers Property expressly disclaims acting in any other respect on behalf of Third Party Website operators.
Frasers Property Australia may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from this Website.
A link to a Third Party Website does not mean that we endorse the content of that website. Your access to Third Party Websites may be governed by their own terms of use.
You may not create a link to this Website from another website or document without our prior written consent.
Indemnity
Trademarks
You must not use any trademarks that appear on this Website without the written consent of the trademark owner.
Disclaimers
While Frasers Property has endeavoured to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided "as is" and "as available" and Frasers Property takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause Frasers Property to be in breach of the terms of the licence.
- disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
- will not be liable for any cost, loss or damage suffered by you through your use of the Website or Frasers Property’s failure to provide access to the Website or any Third Party Websites or any information updates.
- The Content may contain general information about Frasers Property’s products and services. Unless expressly stated otherwise, the Content does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for Frasers Property’s products and services;
- purport to provide you with personal financial or investment advice of any kind; or
- take account of your particular financial position or requirements.
This Website may include information about stocks and their prices. The information made available on stock prices on this Website does not reflect the current or "real time" price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.
Warranties
Frasers Property does not warrant or make any representations:
- that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website; or
- in relation to the use or the results of the use of the Content or this Website as to their correctness, accuracy, reliability, or otherwise; or
- that use of this Website will be compatible with the hardware and software you are using to access it; or
- that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.
Frasers Property will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
- The payment of the cost of having the goods repaired or the services performed again.
Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act or any other legislation which may not be excluded, restricted or modified by agreement.
Waiver
Failure or neglect by Frasers Property to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Frasers Property under this licence.
No waiver by Frasers Property of its rights under this Licence shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
Currency
A reference to "$" or "dollars" throughout this Website is a reference to Australian currency and all prices include GST unless stated otherwise.
Privacy
Frasers Property respects your privacy. The Privacy Statement applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed on the Privacy page of this website.
Severability
If any parts of this Licence are deemed unlawful void or for any reason unenforceable then that provision may be severed from this Licence and it will not affect the validity and enforceability of the remaining provisions.
Applicable law
This licence is governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.