Terms of Use

MCCARTHY ESTATE AGENTS РWEBSITE TERMS & CONDITIONS

Throughout this document reference to MEA means reference to McCarthy Estate Agents Pty Ltd.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.¬† By using this website and agreeing to these terms and conditions, you consent to MEA’s use of cookies in accordance with the terms of MEA’s cookies policy.

 

Disclaimer

This website is provided ‚Äúas is‚ÄĚ without any representations or warranties, express or implied.

MEA makes no representations or warranties in relation to this website or the information and materials provided on this website.

All information, which may include, but not limited to land size, building dimensions, building floor sizes, street addresses, pricing or any other general or specific information relating to properties for sale or lease may have been provided by third party vendors.

MEA and its officers, employees, agents, subsidiaries, successors, assigns and sub-contractors will check the accuracy of information from third party vendors, but will not accept any liability for any loss claim, injury or damages of any nature arising out of the use of any information, or any error, defect or omission in the information contained in this website.

No information on this website constitutes advice of any kind.  If you require advice in relation to any legal, financial or any other matter you should consult an appropriate professional in the relevant field.

MEA does not guarantee that:

  • > this website will be constantly available, or available at all; or
  • > the information on this website is complete, true, accurate or non-misleading.

 

Copyright

All material in this website is copyright material owned by McCarthy Estate Agents Pty Ltd and related third party entities. Apart from fair dealing allowed under the Copyright Act 1968, guests to the site are allowed to download and display any materials for private use only.

For any other intended use of the site material, permission must be obtained from an agent of McCarthy Estate Agents Pty Ltd.

 

License to use

Unless otherwise stated, MEA and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • > republish material from this website (including republication on another website);
  • > sell, rent or sub-license material from the website;
  • > show any material from the website in public;
  • > reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • > edit or otherwise modify any material on the website; or
  • > redistribute material from this website [except for content specifically and expressly made available for redistribution].

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without MEA’s express written consent.

You must not use this website for any purposes related to marketing without MEA’s express written consent.

 

Limitations of liability

MEA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • > to the extent that the website is provided free-of-charge, for any direct loss;
  • > for any indirect, special or consequential loss; or
  • > for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if MEA has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit MEA’s liability in respect of any:

  • > death or personal injury caused by MEA’s negligence;
  • > fraud or fraudulent misrepresentation on the part of MEA; or
  • > matter which it would be illegal or unlawful for MEA to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Third parties

You accept that, as a limited liability entity, MEA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MEA’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect MEA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

 

Terms of use provisions still valid

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify MEA and undertake to keep MEA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MEA to a third party in settlement of a claim or dispute on the advice of MEA’s legal advisers) incurred or suffered by MEA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaching terms and conditions

Without prejudice to MEA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MEA may take such action as MEA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variations

MEA may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

MEA may transfer, sub-contract or otherwise deal with MEA’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Unlawful Provisions

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Agreement

These terms and conditions constitute the entire agreement between you and MEA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.