Terms & Conditions of Use
“Hell, there are no rules here, we’re trying to accomplish something!”
– Thomas A. Edison (1847-1931)
Despite what Mr. Thomas Edison said, rules do exist in the PropertyInvesting.com Community!
Table of Contents
- Intellectual Property Rights
- Specific Terms Relating to Content
- Communication Facilities
- User Licence to PropertyInvesting.com
- Advertising Links to Other Websites and Offers
- Purchasing through PropertyInvesting.com
- Disclaimer and Limitation of Liability
In general PropertyInvesting.com will not share any of your user information with external parties, although some of your private details can be seen by other Community Members through the forum profile tool.
All information, text, material, graphics, software and advertisements appearing on this Site from time to time (“Content”) are Copyright © 2002-2015 PropertyInvesting.com unless this Site expressly indicates to the contrary. As such, the Content is protected by Australian and international copyright and trademark laws. The Content on this site is updated periodically. Users are not entitled to modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorised by this Site or unless the written permission of PropertyInvesting.com has first been obtained.
- use a Google, Netscape, Microsoft or Mozilla-based web browser, to download and view the Content for their own use, or
- if an Internet service and/or access provider, supply the Content to subscribers.
This Site contains information in the form of general small business information, general personal wealth information, general real estate information. This Site may include various business and wealth calculators. All material is provided as an information service only and should not be relied upon as a substitute for commercial or other professional advice. Neither PropertyInvesting.com, its proprietors or associates accept any responsibility for the accuracy of any information contained in this Site or its applicability in the specific circumstances of any user or member.
PropertyInvesting.com does not give any specific or tailored financial, taxation or accounting advice or conduct a business providing taxation or accounting advice either as a representative or agent of any other person or on its own account. PropertyInvesting.com does not give any securities or investment advice, conduct any securities or investment advice business or deal in securities whether on its own behalf, as a representative or agent of any other person, or otherwise.
None of the information on this Site takes into account the financial circumstances or investment needs of any particular investor. Each user or member must therefore assess whether it is appropriate, in the light of his/her individual circumstances, to act upon the relevant information.
Where applicable, business and personal wealth calculators provide illustrative calculations based on stated assumptions only. The information resulting from the calculations should not be relied upon as a complete representation of all start up and other costs or as a substitute for commercial or other professional advice. This Site provides contact details of relevant third party organisations for further information.
PropertyInvesting.com receives no commission or other financial benefit from the publication of the information on this Site (save and except for affiliate or referral fees, membership fees and advertising charges) and is in no way interested in any securities or other transaction entered into as a result of the publication of such information.
All advertising and referral buttons containing hyperlinks to third parties are paid for by the relevant third-party advertiser and are not recommendations or endorsements by PropertyInvesting.com or their respective directors, affiliates or employees. Users and Members are referred to the relevant advertiser for all relevant information including complete information on that entity’s investment adviser licensing status and licence number.
This site may from time to time contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users and members to PropertyInvesting.com, real-time interaction between users and members and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of use by users and members of any Communication Facility and access to this Site that users and members do not do any of the following:
- restrict or inhibit any other user or member from using or accessing any part of this Site;
- post or transmit any unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of Victoria or other applicable place.
- post or transmit any information or material of any kind which violates or infringes upon the rights of any other person, including information or material which is confidential, subject to rights of privacy or publicity or which is protected in whole or in part by copyright, trademark or any other intellectual property or similar right with respect thereto, without first obtaining permission from the owner or relevant right holder;
- knowingly post or transmit any information or material which contains a virus or other component designed to harm the hardware, software or other facilities of PropertyInvesting.com or any of its users or members;
- post or transmit any information or material that advertises or promotes another business or website without the prior written consent of PropertyInvesting.com;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
Users and members expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
PropertyInvesting.com will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files which violate any applicable or relevant law.
A user or member who places any information or other material on this Site (including by posting messages, uploading files, inputting data or engaging in any other form of communication), grants to PropertyInvesting.com a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide licence to use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.
This licence includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of PropertyInvesting.com all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. If PropertyInvesting.com so requests, the user or member agrees to sign such documents as PropertyInvesting.com may request from time to time to perfect or otherwise confirm the terms of this licence agreement.
The licence also confers upon PropertyInvesting.com the right to sublicense to any third party any of the rights hereby conferred on PropertyInvesting.com.
Any items purchased from PropertyInvesting.com are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Should any item shipped by PropertyInvesting.com be returned, having not reached its intended destination due to an incomplete or erroneous address or other postage problem, PropertyInvesting.com reserves the right to contact the Customer / User to confirm their shipping details, and charge the Customer / User an appropriate amount for postage and handling in order to recoup both the time and physical cost of sending an item multiple times. Upon receipt of this additional postage and handling fee, the item will be re-shipped to the Customer / User’s nominated address.
Where discounts are applicable (through the use of discount codes and special offers), discounts are available only at the time of purchasing. It is not PropertyInvesting.com policy to refund discounted amounts after a purchase has been made. PropertyInvesting.com reserves the right to make judgement on an appropriate course of action should there be an error in processing the discount (particularly if this error is made by the User). In these instances, PropertyInvesting.com may choose to credit the difference between the discounted price and amount paid for an item to a future purchase to be made by the User, or any other course of action PropertyInvesting.com believes appropriate.
This Site contains hyperlinks and other pointers to Internet websites operated by third parties for the convenience of users and members. The linked websites are not controlled by PropertyInvesting.com, and PropertyInvesting.com is unable to control the contents of any such linked website. Hence, PropertyInvesting.com does not accept any responsibility for the contents nor does it specifically endorse those contents. Users and members link to any such website and use or rely on such website entirely at their own risk.
PropertyInvesting.com may from time to time accept banner and other forms of advertisement on this Site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by PropertyInvesting.com of the content or use of that linked site. Users and members are referred to the linked website for all information in relation to that website.
Some advertisements contain representations or offers by the advertiser which can be accepted by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made solely by the advertiser, not by PropertyInvesting.com. Further, the advertiser is solely responsible for fulfilling any representation or offer made.
The Australian Trade Practices Act 1974 (Cwth) and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this Site which cannot be excluded, restricted or modified (“Statutory Rights”). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.
Subject to the Statutory Rights:
- All Content is provided “as is” and without warranties of any kind, either express or implied,
- PropertyInvesting.com expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose,
- PropertyInvesting.com does not warrant that the functions contained in any Content or any Communications Facility or user or member access to this Site will be uninterrupted or error-free, that any defects will be corrected or that this Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,
- PropertyInvesting.com does not warrant or make any representation regarding user or member access to, or the results of user or member access to, this Site (including any linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
- Users and members (and not PropertyInvesting.com) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of PropertyInvesting.com) will PropertyInvesting.com or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Site or any Content.
Users and members expressly acknowledge and agree that PropertyInvesting.com does not exert control over other users and members of the Site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, PropertyInvesting.com’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of PropertyInvesting.com to
- the supply of the services again, or
- the payment of the cost of having services supplied again.
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.