WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY VISITING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (Site Terms) apply to your use of the website www.drakehomes.com.au (Site) and do not alter in any way the terms or conditions of any other agreement you may have with Drake Homes (the Company) or its affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify the Company for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned by the Company. Unless otherwise indicated, the Company owns or has a licence to use all of the content featured or displayed on this Site, including, but not limited to, text, graphics, designs, artworks, data, photographic images, moving images, sound, illustrations, software, and their selection and arrangement (Site Content).
All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trade mark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the Site Content are intended for customers of the Company. You may only use this Site or the Site Content for the purpose of doing business with us, including evaluating and ordering products or services from the Company. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Site Content without, or in violation of, a written licence or agreement with the Company; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of our products or services if you are not expressly authorized by such party to do so; and (e) using the Site or the Site Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trade mark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Australia or the country in which you reside.
Copyright Infringement Policy
In accordance with the Copyright Act 1968 (Cth) and other applicable laws, the Company has a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, account holders who infringe the intellectual property rights of the Company or any third party.
If you believe that any material on the Site infringes upon your copyright, you may send a notification of such infringement to us at firstname.lastname@example.org. We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by registered mail to a user’s address.
The Company is the owner or licensee of registered and unregistered trade marks as identified on the Site and in the Site Content and these may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or relevant trade mark owner. You may not use metatags or any other “hidden text” utilizing “Drake Home”, or any other name, trade mark or product or service name of the Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trade mark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, registered trade marks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Company logo or other proprietary graphic of the Company to link to this Site without our express written permission. Further, you may not frame any of our trade marks, logos or other proprietary information, including the Site Content, without our express written consent.
This Site contains links to third party sites which are not under the Company’s control and the Company has no responsibility for the content of these sites. The Company makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by link from the Site, or websites linking to the Site. Links to other sites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by the Company of the products or services offered by the site.
When you leave the Site, the Site Terms no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Company is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums, Directories & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services (Interactive Areas) in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (User Content). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You must not delete or revise any User Content that you have not posted. When you post content to an Interactive Area, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content.
You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that constitutes, encourages or provides instructions for a criminal offense or violates the rights of any person or entity;
c. User Content that may infringe any intellectual property or contractual rights of any person or entity;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
g. viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in our sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose the Company or its users to any harm or liability of any type.
The Company is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. The Company reserves the right to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in breach of the Site Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that the Company may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of the Company; or to protect the safety of our company, employees, customers or the public.
If you post User Content to the Site, unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the Company and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You consent to giving us this licence even where such acts in relation to the correspondence or communication involve (a) a failure to identify you as the author; (b) the false attribution of another person as the author; and (c) the subjection of them to derogatory treatment; whether occurring before or after the giving of consent, and which apart from this consent, infringe any moral rights subsisting in the correspondence or communication.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Site Content, or your violation of any rights of another.
The Company uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” WITHOUT GUARANTEE OR WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO GUARANTEES OR WARRANTIES OF ACCEPTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOLWEDGE THAT THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THE SITE OR THE SITE CONTENT ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED GUARANTEES OF ACCEPTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. IF ANY SUCH GUARANTEE OR WARRANTY CANNOT BE EXCLUDED BUT THE COMPANY CAN LIMIT THE USER’S REMEDY FOR BREACH, THEN THE COMPANY’S LIABILITY IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT THE COMPANY’S OPTION:
A. IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR
B. IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, GUARANTEE, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE FEES YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE.
Some foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Notwithstanding any of these Site Terms, the Company reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Changes to Site Terms
The Company reserve the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by the Company. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
The Site Terms are governed by the laws of Queensland and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
If part or all of any of the Site Terms is illegal or unenforceable it will be severed from the Site Terms and will not affect the continued operation of the remaining provisions of the Site Terms.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to the Company at email@example.com.
© 2012 and onwards. Drake Homes. All rights reserved.