Codex Property

TERMS OF USE

Welcome

Welcome to Codex Property (88 Eastwood Pty Ltd, ABN: 86663282433), website at www.codexproperty.com.au.

Please read the following terms carefully as they govern your commercial relationship with us and set out legally binding provisions that regulate your use of our Website.

Acceptance and Modification of These Terms of Use

  1. You may only access, browse, and use our Website if you accept these Terms of Use. By accessing, browsing, and/or using our Website, you confirm that you have read, understood, and agree to be legally bound by these Terms of Use and any linked information (including our Privacy Policy).
  2. We may modify and/or replace these Terms of Use and any linked information (including our Privacy Policy) from time to time without notice. The latest version will always be available on this webpage.
  3. If you do not wish to accept these Terms of Use, you must not use the Website.

 

Accuracy of Content

  1. We do not guarantee that the information on this Website, including property images and descriptions, is accurate, correct, up-to-date, or error-free.
  2. We have not verified floor area, property size, property descriptions, or other information published on the Website about any property.
  3. Before making any decision about a property advertised on the Website, you must independently verify the information you intend to rely on.

 

Website Availability and Restrictions

  1. We do not guarantee that the Website will be available uninterrupted or error-free. It may be taken down from time to time.
  2. Access to and use of the Website depend on the proper functioning of the Internet and other computer and telecommunications networks and infrastructure. We are not responsible for any non-performance of the Website related to these matters.
  3. You may only use the Website as permitted by these Terms of Use and may not invalidate or be inconsistent with our Intellectual Property Rights. You must not sell, resell, scrape, republish, mirror, rent, lend, lease, sell, redistribute, sublicense, copy, or duplicate the Website or its content.

Additionally, you must not:

  1. Copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from, or enhance the Website or its content.
  2. Invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors.
  3. Use the Website in any way that infringes our rights or the rights of any third party.
  4. Use the Website to create any product or service that competes with the Website.
  5. Circumvent any technological protection measures or security measures on the Website.
    You must not use the Website in any way that breaches any statute, regulation, law, or legal right of any person.

 

Acceptable Use Policy
You agree that using the Website to:

  • Violate any legal rights of any person or entity.
  • Commit crimes such as theft and fraud.
  • Breach laws relating to copyright, trade secrets, patents, or other intellectual property and laws relating to spam or privacy.
  • Introduce malicious programs into our network or servers.
  • Make fraudulent offers of goods or services.
  • Execute security breaches or disruptions of network communication.
  • Intercept data not intended for you.
  • Circumvent user authentication or security of any of our hosts, networks, or accounts.
  • Interfere with or deny service to anyone.
  • Send unsolicited email messages in breach of the Spam Act 2003.
  • Send any form of harassment via email or other messaging.
  • Breach any person’s privacy (such as by way of identity theft or “phishing”).

 

Intellectual Property Rights

  1. These Terms of Use do not transfer or assign any Intellectual Property Rights to you.
  2. We own all Intellectual Property Rights in the Website.
  3. You have no rights in the Website or any part of it other than the rights temporarily granted to you under these Terms of Use.
  4. Any Intellectual Property Rights in comments or improvement suggestions you provide to us become our sole and exclusive property immediately upon you providing them. You hereby assign all Intellectual Property Rights in such suggestions to us.
  5. You irrevocably consent to the infringement by us and any third party we authorize, of all Moral Rights you may have in any improvement suggestions.

 

Responsibility for Other Users

  1. We do not accept responsibility for the conduct of any users of our Website.
  2. If you believe that another user has breached these Terms of Use, please contact us.
  3. We are not a party to any transaction for the supply of goods or services advertised by any user. Before entering into any transaction with another user, you should carefully consider the applicable terms and conditions and obtain all appropriate advice.

 

Responsibility for Third-Party Claims
You agree and acknowledge that you are solely responsible for and indemnify us in respect of any loss and damage we may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

  • Your use of the Website.
  • Your goods and/or services and/or your advertising and/or sales and/or marketing practices.

 

Hyperlinks
We do not represent, recommend, or endorse any websites to which we have linked from the Website via hyperlink or otherwise.

Liability:

  1. Except in respect of any Non-Excludable Guarantees, we do not guarantee that the information on this Website is accurate, correct, up-to-date, or error-free.
  2. The information on the Website is not professional advice. You agree to seek all appropriate financial, legal, and other advice before relying on any information from the Website.
  3. To the extent possible by law, we are not liable for any indirect, special, or consequential loss or damage incurred by you, including loss of profits, loss of business opportunity, loss of savings, or loss of data.
  4. Subject to any Non-Excludable Guarantees, our liability to you is limited to $200.

 

Warranties – Australian Consumer Law

  1. Goods and services supplied by us through the Website may come with non-excludable guarantees regulated by the Australian Consumer Law.
  2. If you are a ‘consumer’ within the meaning of the Australian Consumer Law, you will have the benefit of certain non-excludable guarantees. However, if the goods or services are not ordinarily acquired for personal, domestic, or household use, our liability is limited to:
  • Replacement of the goods or the supply of equivalent goods.
  • Repair of the goods.
  • Payment of the cost of replacing the goods or acquiring equivalent goods.
  • Payment of the cost of having the goods repaired.
  • Supplying the services again or payment of the cost of having the services supplied again.

 

Termination

  1. We may terminate these Terms of Use and your access to the Website at any time without notice.
  2. We may take down the Website or any part of it or take it offline at any time without notice.
  3. Termination does not affect any accrued rights of either party

 

Notices

  1. Any notice issued to or from us shall be in writing and sent by hand delivery, post, or email. Notices issued by post shall be deemed delivered 6 business days after posting domestically, or 10 business days after posting internationally.
  2. We may send you emails or other electronic messages concerning the Website from time to time.

 

General

  1. All rights not expressly granted to us are reserved by us.
  2. These Terms of Use may be amended by us at any time.
  3. You may not assign your rights or obligations under these Terms of Use without our prior written consent.
  4. If any part of these Terms of Use is deemed invalid by a court, the remainder shall remain enforceable.
  5. These Terms of Use constitute the entire agreement between you and us regarding this Website.
  6. These Terms of Use will be interpreted in accordance with the laws of New South Wales. You and we irrevocably submit to the non-exclusive jurisdiction of the courts in New South Wales.

 

Definitions and Interpretation

  • Australian Consumer Law: Schedule 2 to the Competition and Consumer Act 2010 (Cth).
  • Business Day: Monday – Friday excluding public holidays in New South Wales.
  • Business Hours: 9:00 am – 5:00 pm on Business Days.
  • Intellectual Property Rights: All rights to intellectual property as defined under Article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
  • Moral Rights: Rights defined in the Copyright Act 1968 (Cth).
  • Non-Excludable Guarantee: A non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law.
  • Privacy Policy: Our Privacy Policy.
  • Terms of Use: The terms and conditions set out on this webpage as amended by us from time to time.
  • We, Our and Us: Codex Property.
  • You: The person who accesses the Website for any reason.

 

Headings are for convenience only and do not affect the construction of these Terms of Use. A provision of these Terms of Use will not be interpreted against a party because the party prepared it. Currency refers to Australian dollars unless specified otherwise. A reference to time is to time in New South Wales.

For any questions or concerns, please contact us at:
Codex Property
Address: 88 Phillip Street Parramatta NSW 2150
Email: contact@codexproperty.com.au
Phone: +61 9293 0505