Better Estate Agents

Disclaimers

DISCLAIMER AND LIMITATION OF LIABILITY

Definitions

‘BEA’ means Better Estate Agents Pty Ltd, ACN 131 975 712. BEA includes but is not limited to its employees, officers, executives, agents, associates, directors, representatives, subsidiaries, parent companies and parent bodies.
‘Site’ means a website with the internet address (domain name) starting with www.betteragents.com.au and followed by any extension.
‘External Site’ means any website not beginning with the domain name www.betteragents.com.au
‘User’ means a user/visitor of the Site and, where applicable, advertisers on the Site.
‘Content’ means any information whatsoever, including but not limited to text, graphics, pictures, sound, design, software, video, a URL address and the general appearance of the website.
‘Link’ means a URL address placed within the content of the Site, that when clicked on, redirects the User to another website.
‘Intellectual Property’ means but is not limited to all pictures, graphics, logos, trade marks, registered marks, soundtracks, colour
schemes, designs, general appearance, software and all copy righted material.

Visiting and continuous use of BEA website (the Site)
constitutes User’s acceptance of the Terms of Use and other notices posted on the Site. Should the User object to any of the conditions in the notices on the Site the User’s sole and only option is to immediately cease accessing the Site. BEA is responsible for the Content of the Site and believes that all information contained therein is correct, however, no warranty is made as to its accuracy or reliability. The Users should rely on their own inquiries as to the accuracy of any information or material available from the Site.
 

Non Provision of Advice and Non Reliance on Information
Nothing on the Site constitutes the giving of financial or other advice. The information contained on the Site is general only, it does not purport to be comprehensive, and it should not be regarded as a substitute for professional legal, financial or real estate advice. Users should not act on the basis of information (financial or otherwise) contained on the Site without obtaining qualified professional advice. Users warrant that they have not relied on any representation made by BEA, including as to the completeness, accuracy or currency of any information provided, or upon any descriptions, illustrations or specifications contained in any document or information provided on the BEA Site. 

 

Email Communication Disclaimer
Any email and its attachments (if any) sent by Better Estate Agents (BEA) from our email platform is intended only for the named addressee(s) and for the intended recipient's use only. If you received an email form us and you are not the addressee indicated in the message, the intended recipient or a person responsible for delivery of such message to the addressee, any use, dissemination, reliance, forwarding, printing or copying of such email or any attached files is unauthorized. If you have received our email by mistake or in error, please kindly notify the sender asap by reply email or telephone and immediately and permanently delete the message, its attachments and any copies thereof from your systems. For the avoidance of doubt any information contained in, or attached to any email communication from BEA is confidential, legally privileged and subject to copyrights. No part of it should be reproduced, adapted or communicated without the written consent of BEA or the copyright owner. 
Any email sent by us is a business communication and must not be posted or forwarded or sent to any social media platforms including but not limited to Facebook, Twitter, LinkedIn, and alike. Any content of such message and its attachments which does not relate to the official business of BEA must be taken not to have been sent or endorsed by BEA or any of its related entities. Please note that we may intercept and monitor incoming email and therefore you should neither expect nor intend any email to be private in nature. We advise that you observe this lack of privacy when emailing us. Internet email communications are not a secure medium therefore BEA does not accept legal responsibility for the content of any email message or attached files. Any information sent by us has been obtained from third party sources deemed reliable and it is intended for general information only. While every reasonable care has been taken the information has not been verified and it is provided in good faith. BEA cannot guarantee, and assume no responsibility for the accuracy or completeness of any information contained sent by email. We recommend that any interested party should undertake its own inquiries as to the accuracy of such information.Better Estate Agents excludes all inferred and implied terms, conditions and warranties arising out of the content of any email communication and excludes all liability for loss and damage arising there from. Unless specifically stated, our email does not constitute formal advice or commitment by the sender or an advice to purchase, sell or lease property. Any opinion or advice it contains is subject to our Terms and Conditions of Business, our Disclaimers, Privacy Policy Statement and Service Dispute Policy.We have taken every precaution to minimise the risk of transmitting software viruses but cannot guarantee that any email is virus or other defects free prior to leaving our computer systems. It is your responsibility to carry out your own virus checks on this message and its attachments and satisfy yourself that it is free from harmful components, as we do not accept responsibility for any loss or damage the software viruses may cause to your computer systems.

Limitation of liability
BEA expressly disclaim all liability and responsibility, including for negligence, for any direct, indirect, incidental or consequential  loss or lost profits or any special, direct, indirect, incidental or consequential damage or damages which may be suffered by the User and arising out of any use of the Site or any information or material available on the Site. BEA provides the Site on an ‘as is’ basis and excludes any warranties, conditions and representations whether express, implied, statutory or otherwise relating in any way to the Site, the User’s use of the Site and the information, products and services supplied, offered to be supplied or advertised or accessed through the Site. BEA excludes all liability (including for negligence) to the User in respect of any loss or damage (including special, indirect or consequential), costs and expenses suffered by the User or claims made against the User arising from or in connection with any use of the information, products or services supplied, offered to be supplied or advertised or accessed through the Site for any reason whatsoever (including negligence). Certain rights and remedies may be available under the Competition and Consumer Act 2010 (C’th) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. The User agrees that in the event that terms, conditions or warranties are implied by Law and cannot be excluded, then those terms, conditions or warranties are included however BEA liability for breach of any implied warranty or condition is limited at BEA’s option to one or more of the following: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods (or equivalent goods) or payment of the cost of replacement or repair of goods (or equivalent goods). Notwithstanding the above provisions, nothing therein is intended to limit or exclude any liability on part of BEA where and to the extent that applicable law prohibits such exclusion or limitation.

Indemnity
The User agrees to release, indemnify, defend and hold harmless BEA, its parent bodies, subsidiaries and affiliates and its shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, costs or expenses including attorneys' fees and costs, causes of action, suits, proceedings, judgments, injury, direct or indirect damage, right of action or claim for compensation and executions and liens relating to or arising from any breach by the User of the Terms of Use or claims arising from the User's use of the Site. BEA is not responsible for the Content of External (Third Party) Sites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the User’s use or reliance on any such Content or any Third Party links, information, products and services. The User shall indemnify BEA in relation to defamation, liable, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of Trade Practices or Fair Trading legislation, violations of rights of privacy, confidential information, licenses, royalty rights or other intellectual property rights relating to or arising from any breach by the User of the Terms of Use or Claims arising from the User's use of the Site. BEA will not be liable for any loss or damages (including direct, indirect, consequential and incidental in relation to: the Content of the Site being changed/altered by an unauthorised persons/systems/ programs/machines; the Site being unavailable to Users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities; any Link being non operational; a notice or advertisement not appearing on Site in accordance with instructions.

Jurisdiction and Governing Law
By visiting and using this website the User agrees that the User’s use of the Site and all of BEA legal notices and legal issues arising out of the use of the Site will be governed by and construed in accordance with the laws of Victoria, Australia and by using the Site the User irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.

This Disclaimer is subject to change. BEA reserves the right to change, at its sole discretion, the provisions of this Disclaimer at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified Disclaimer on the Site. The Users are responsible for keeping themselves informed by regularly reviewing these terms, conditions and notices, and any additional terms posted on the Site.

This Disclaimer forms a part of the Content of the Site and is copyright protected property of BEA. The user will not copy or utilise in any way whatsoever any part or a whole of this Disclaimer unless where permitted by the Terms of Use.

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