Disclaimer
Impala Properties Website Terms of Use
This website is operated by Impala Properties Corporation Limited,
its related companies and trusts (together called “Impala
Properties”) under the domain name www.impalaproperties.com.au
(“Website”). These terms of use and the Privacy Statement
apply to the Website.
Impala Properties includes the operating entities listed at
www.impalaproperties.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 Impala Properties 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
Impala Properties 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.
Links to other websites
The Website may contain links to other websites operated by
third parties ("Third Party Websites"). Impala Properties
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, Impala
Properties 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. Impala Properties 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 Impala Properties on behalf of the operator.
Impala Properties expressly disclaims acting in any other respect
on behalf of Third Party Website operators.
Impala Properties 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.
Website content
Impala Properties 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 Impala Properties
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 Impala
Properties and you hereby assign all rights, title and interests
in and to such contributions to Impala Properties.
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. Impala Properties 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, Impala Properties 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.
Impala Properties 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.
Indemnity
You must indemnify and keep Impala Properties (and its related
bodies corporate, directors, officers, employees, agents and
contractors) indemnified fully from any claim, action, demand,
loss or damages made or incurred by any third party arising out
of or relating to your conduct, your use of this Website, your
breach of provisions this licence, or your breach of any rights
of third parties.
Trademarks
The "Impala Properties" name and all its associated
trademarks are trademarks of Impala Properties.
Any other trade marks appearing on this Website may be the trademarks
of the relevant owners.
You must not use any trademarks that appear on this Website without
the written consent of the trademark owner.
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 Impala
Properties 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 Impala Properties;
* 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.
User Responsibility
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. Impala Properties 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 Impala Properties 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 Impala Properties 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 Impala Properties
(which material may be out of date or superceded).
Disclaimers
While Impala Properties 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 Impala Properties 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 Impala Properties to be in breach of the terms
of the licence.
To the maximum extent permitted by law, Impala Properties:
* 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 Impala Properties’s failure to provide access to
the Website or any Third Party Websites or any information updates.
* The Content may contain general information about Impala Properties’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 Impala Properties’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.
Your use of this Website including all Content, data or software
distributed by, downloaded or accessed from or through this Website
is at your own risk. Before taking or refraining from any action
in reliance on the Content or this Website, you must make and
rely on your own enquiries in relation to, and in evaluation
of, the Content including any information, predictions, opinions
and statements contained in this Website.
Warranties
Impala Properties 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.
Impala Properties 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.
Subject to any responsibilities implied by law and which cannot
be excluded, Impala Properties (including our related bodies
corporate, directors, officers, employees, agents and contractors)
expressly disclaim all liability to you or any other persons
for any losses, damages, liabilities, claims and expenses (including
but not limited to legal costs and defence or settlement costs)
whatsoever, whether direct, indirect or consequential, arising
out of or referable to the Content or this Website (or material
accessed via this Website), or to access of the Website by you,
howsoever caused, whether in contract, tort including negligence,
statute or otherwise. To the full extent permitted by law, any
liabilities imposed on Impala Properties, or implied into this
licence, under any law are hereby excluded.
To the extent permitted by law, all implied terms are excluded.
If any statute implies terms into this licence, which cannot
be lawfully excluded, such terms will apply to this licence,
save that the liability of Impala Properties for breach of any
such implied term will be limited to the maximum extent possible,
at the option of Impala Properties, to any one or more of the
following:
* 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 Trade Practices Act or any
other legislation which may not be excluded, restricted or modified
by agreement.
Impala Properties reserves the right to make any change, add
or remove any material in or from this Website without notice.
Impala Properties may also make improvements or changes in the
products or programs described in the Content at any time without
notice. For example, changes in circumstances after the date
of publication may impact upon the accuracy of the Content.
Termination and suspension
Impala Properties reserves the right, without notice and in
its sole and absolute discretion, to discontinue, suspend or
terminate any service offered by or through this Website as well
as this Website at any time. All provisions of this Licence which
by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, disclaimers
and indemnities.
Waiver
Failure or neglect by Impala Properties 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 Impala Properties under
this licence.
No waiver by Impala Properties 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, unless stated
otherwise.
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.
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