Terms and Conditions

This website and its contents (“Website”) are owned and operated by Pick Property Pty Ltd ACN 603 443 723 and its related entities (hereinafter referred to as “Pick Property”, “we” , “our” or ” us”).

The use of our Website and Services (which includes any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, or LinkedIn) owned or operated by Pick Property is governed by the following terms and conditions. In this document “you” refers to a user of our Website or Services.

By using our Website or Services you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. You are responsible and legally liable for your activity, use and conduct when using our Website or Services.

Our Privacy Policy and Disclaimer documents form part of this document (Terms and Conditions).

Our Privacy Policy tells you how we gather and manage your personal information, and of the limited circumstances in which we will disclose that information to third persons.

Our Disclaimer document states a standard caution about the information provided on the Website or any social media sites or blogs owned or operated by Pick Property.

If you do not accept our Terms and Conditions, Privacy Policy or Disclaimer you must not use this Website or any Website or social media sites or blogs owned or operated by Pick Property.

Changes and Termination

Pick Property reserves the right to revise the content of, amend links from, or withdraw access to the Website at any time without notice or liability to you.

Your ability to access or to participate in any features of the Website or Services owned or operated by Pick Property, may be terminated at any time without notice, and without any liability to you. Any limitations on Pick Property liability will survive such termination.

Copyright

COPYRIGHT © 2021 PICK PROPERTY – ALL RIGHTS RESERVED

You should assume that everything you see or read on the Website is copyrighted, unless otherwise noted, and may not be used without the prior written permission of Pick Property.

Pick Property neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties who are not owned by or affiliated with Pick Property.

Trademarks

PICK PROPERTY® IS A REGISTERED TRADE MARK

Any trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, may be registered or unregistered Trademarks of Pick Property and others.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Pick Property or such third party that may own the Trademarks displayed on the Website.

Your misuse of the Trademarks displayed on the Website, or any other content on the Website is strictly prohibited and you agree to indemnify Pick Property if such misappropriation occurs as a result of your access to the Website.

You are also advised that Pick Property will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Various Trademarks or registered Trademarks which appear in this Website are the Trademarks or may be trademarks or service marks belonging to others and may not be used without their permission.

Submissions

Any communication or material you transmit/supply to the Website(s) or Services owned or operated by Pick Property by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary.

Anything you transmit or post may be used by Pick Property for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication and posting.

Furthermore, Pick Property is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website or Services owned or operated by Pick Property for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You must ensure that any Content you provide to our Website(s) and Services (which includes any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, or LinkedIn) owned or operated by Pick Property:

  • is not fraudulent, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, unlawful, defamatory, libellous, threatening, intimidating, harassing, sexist, racist, homophobic, violent, degrading; or
  • does not infringe a third party’s intellectual property rights or impersonate another person or entity, contain sexually explicit language or images, attempt to solicit personal information from another user, advertise or promote the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services we consider to be inappropriate; or
  • does not contain spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website and/or Services or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach this document or any Service Agreement; or
  • does not violate any law, statute or regulation; or
  • does not forge information to disguise the origin of any Content; and
  • does not encourage or incite any other user to engage in any of the above behaviour.

You acknowledge that we monitor the Website and Services (which includes any social media sites) and agree that we may take any action with respect to your Content in accordance with any existing agreement. You must not use the Website and Services (which includes any social media sites) if you do not accept these terms.

Registration

You do not need to register to use this Website but you may be required to register to use parts or extensions of the Website and Services via an external Website or links. Once you have registered, you will be required to use your password to access the Website, external Website or link and Services. Registration is free.

You must not disclose your password to any other person or use your password for any unauthorised purpose. If you disclose or forget your password, please contact our Director on e-mail kmoore@pickproperty.com.au.

If you use our Services, you agree not to re-sell them to another person or make commercial use of them without our express consent.

 System Integrity

When using the Website and Services you must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Services or any activity conducted via the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure.

Limit of liability

We do not guarantee continuous, uninterrupted or secure access to our Website and Services or other external Websites or links. Operation of the Website and Services, external Websites and/or links may be interfered with by numerous factors outside of our control.

Except as provided by law, we provide our Website and Services, external Websites and/or links “as is” and without any warranty or condition, expressed or implied. The information is believed to be accurate and current at the date the information was placed on the Website and Services, external Websites and/or links.

This document is not intended to limit or exclude any liability on our part, where and to the extent that applicable law prohibits the exclusion or limitation.

Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) (‘Claim’) suffered or incurred by us arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of this agreement;
  • any breach or inaccuracy in any of your representations or warranties; or
  • any action or claim brought by a third party which relates to all or any part of the Content.

In relation to a Claim, we may require you to conduct the defence, including negotiations for settlement or compromise prior to the institution of legal proceedings or modify, alter or substitute any potentially infringing part of the Content at your own expense, to render the Content non-infringing. You must comply with any requirement notified to you in accordance with this clause.

General compliance with laws

You must comply with all laws, statutes, ordinances and regulations that apply to you in relation to your use of our Website and Services.

No agency

No agency, partnership, joint venture, employee-employer relationship is intended or created between you and us by this document.

Notices

Except as explicitly stated otherwise, any notices to us should be sent to our Director by e-mail kmoore@pickproperty.com.au. Notices sent to you by us will by forwarded to the e-mail address you provide us during dealings with Pick Property. Notice will be deemed to have been given 24 hours after an e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

Miscellaneous

A right relating to these Terms and Conditions may only be waived by Pick Property in writing. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia.

By using the Website(s) and/or Services (which includes any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, or LinkedIn) owned or operated by Pick Property, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceable Terms or Conditions will not affect the remaining provisions, which will continue in full force and effect.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Pick Property in writing.

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