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Website Terms & Conditions of Use

Welcome to The following 'Terms and Conditions of Use' form a legally binding agreement between you and us in relation to your access to, and use of, this website. In accessing or using this website, you acknowledge that you have read and understood, and agree to be bound by, these Terms and Conditions of Use and our Privacy Policy. If you do not accept these Terms and Conditions of Use, then you must refrain from accessing and using this website.

Leedwell Property is a property services group comprised of interactive property disciplines providing retail, industrial, commercial and strategic property services. This site is designed to provide access to information about our services, including details of our successes, current listings and service capabilities as well as contact details.

Leedwell Property is a member of the Industrial Commercial Partnership (ICP) comprising local agency practices who network with each other to provide services nationally.

Leedwell Property permits you to use this website subject to the following conditions:

1. You must be at least 18 years of age in order to use and access this website.

2. CHANGE TO THIS WEBSITE We reserve the right to make any changes to this website as considered by us necessary or desirable, at any time, without notice. We will use all reasonable endeavours to give prior notice of such changes on this website but you acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on this website or for security reasons).

3. AMENDMENT TO THESE TERMS AND CONDITIONS OF USE We reserve the right to amend these Terms and Conditions of Use at any time. Any amendments shall be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms and Conditions of Use as amended.

4. LAWFUL USE You are permitted to download content for personal use only, subject to the maintenance of the integrity of any copyright, trade mark or other proprietary notices or material. You may not sell, redistribute or use the content of this website for any commercial purpose. However, in permitting download of content, we confer no right, title or interest in any downloaded materials. We do not permit any copy, modification, alteration, distribution, sale, broadcast or transmission of any downloaded material.

You must use this website for lawful purposes only and ensure that your access to, or use of, this website is not illegal or prohibited by law. It is your responsibility to obtain legal, financial, accounting and other professional advice in relation to compliance with all

Applicable Laws in using this website. You agree at all times to deal with any information or material provided by us or accessed through this website in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.

5. PRIVACY In using this website and downloading content, you agree to allow your computer system to communicate with our computer server. Any personal information collected will be subject to the Leedwell Property Privacy Policy (available here[insert hyperlink]) and any Applicable Laws regarding collection, distribution, security or destruction of personal information.

Information on this website may be used by our ICP partners and their use of information from this website is subject to our Privacy Policy.

6. THIRD PARTY LINKS We provide links on this website to other third party websites which are subject to their own terms and conditions of use and privacy policies and over which Leedwell Property has no control. Use of the links provided is entirely at your own risk and discretion. We do not endorse any information on those linked sites or any associated organisation, product or services.

7. INFORMATION ON THIS WEBSITE Leedwell Property does not represent or warrant that the information on this website is at all times current, fit for the purpose for which the content is downloaded and does not infringe upon the rights of others. You are responsible for your use of any information or materials obtained from this website. You should make your own enquiries to check if the information on this website is accurate, complete and suitable for your intended use. All information in the Materials is of a general nature only and is not intended to constitute personal or other professional advice. This website may contain information that includes the views or recommendations of others that are not necessarily our views. Any reliance on such information, views or recommendations is at your own risk.

• attempt to gain unauthorised access to any part of this website;
• interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to this website or the integrity or performance of this website;
• disable any protection software associated with this website;
• send or store any Harmful Code;
• use any feature of this website in a manner that we reasonable determine is inappropriate or not intended.

9. PROHIBITED INFORMATION You must not submit information to us on, from or through this website that:
• may infringe the rights of any other person, including without limitation Intellectual Property rights;
• may disclose a person's confidential information;
• may contravene your privacy obligations or any other person's privacy obligations;
• is illegal or may constitute or encourage any contravention of any Applicable Laws by any person;
• is otherwise, in our view, inappropriate.

10. OWNERSHIP OF INFORMATION We do not claim ownership of any information you submit to us on, from or through this website. However, you acknowledge and agree that upon submitting information to us, but subject to our Privacy Policy to the extent that such information is personal information, you hereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to us, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such information anywhere, for any purpose and in any form, without any compensation to you. All information submitted by you on this website that is personal information shall be subject to our Privacy Policy.

11. SERVICE By accessing and using this website, you assume all risks associated with such access and use. This website is provided to you on an as-is basis. To the fullest extent permitted by law, we do not represent or warrant that this website or the services generally available through this website will be uninterrupted or error-free or defect-free or that errors or defects in this website will be corrected. We do not represent or warrant to you that any electronic files available through this website will be free of Harmful Code nor that your use of this website will achieve any particular results.

We reserve the right, at any time, to disable, close or render inaccessible this website for so long as we desire for any reason whatsoever, and without the need to provide any reasons. To the maximum extent permitted by law, we do not accept liability for any Loss which you may suffer or incur as a result of such actions.

12. SECURITY You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on your computer system or on this website. To the maximum extent permitted by law, we accept no liability for any Loss which you may suffer or incur as a result of such activity.

You must take your own precautions to ensure that the processes taken by you to access this website do not expose you to the risks of Harmful Code.

13. LIMITATION OF LIABILITY To the maximum extent permitted by law, Leedwell Property does not accept any liability for, and you hereby release us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by you arising out of or in any way related to:
a) any errors or omissions from this website and the content including but not limited to any technical inaccuracies and typographical errors;
b) any errors in or omissions from any third party websites or content that are directly or indirectly accessed through links on this website;
c) any consequential damages including lost profits, loss of goodwill, loss of data, work stoppage, accuracy of information or computer failure or malfunction arising for access to this website or any linked third party website;
d) the unavailability of this website or any portion thereof;
e) your access to or use of this website and any Materials;
f) your use of any equipment or software in connection with this website; or
g) any decision or action taken by you in reliance on any Materials or any linked site. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law) (a Non-Excludable Provision).
14. IMPLIED TERMS Subject to any Non-Excludable Provisions of the Australian Consumer Law or any other legislation, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in these Terms and Conditions of Use is hereby excluded.

Where the Australian Consumer Law or any other legislation implies in these Terms and Conditions of Use any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, our liability for any breach of such guarantee, condition or warranty shall be limited, at our option, to one or more of the following:
a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and
b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.
You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.

15. INDEMNITY You agree to indemnify and keep indemnified, us, our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with:
• your access to, or use of, this website, any Materials, information you submit to us or any linked site;
• any decision or action taken by you in reliance on any information or materials on this website and any linked site;
• any breach of any these Terms and Conditions of Use by you;
• any wilful misconduct by you; or
• any negligent act or omission by you.

16. COPYRIGHT All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by us. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these Terms and Conditions of Use or the relevant copyright owner or licensor, you may not, in any form or by any means:
(a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or
(b) commercialise the whole or any part of the Materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.

17. TRADE MARKS Trade marks used on this website are our trade marks (registered or unregistered) or trade marks of third parties. If you use any trade marks owned by us, in reference to us or this website, you must include a statement attributing that trade mark to us. You must not use any of our trade marks or trade marks of third parties featured on this website:
• in, or as the whole or part of, your own trade marks; • in connection with any business, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive to any person; or
• in a manner that disparages us, the third party owners of the trade marks or this website.

18. TERMINATION We may, at our discretion, suspend your access to all or part of this website for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these Terms and Conditions of Use. We may, at our discretion, terminate these and your access to all or any part of this website, without the need to provide reasons.

Termination of this agreement and your access to this website will not end those provisions that are capable of surviving the ending of this agreement.

19. GENERAL PROVISIONS Any waiver, in whole or part, of any rights available to us under these Terms and Conditions of Use is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
If any provision of these Terms and Conditions of Use is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms and Conditions of Use, in which case, the remainder of these Terms and Conditions of Use shall nevertheless continue in full force.
Nothing in these Terms and Conditions of Use shall impose a duty of care upon us in respect of your use of this website.
The laws governing these Terms and Conditions of Use will be the laws in the State of South Australia, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State.

Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, this website and includes, without limitation, those relating to anti-discrimination, consumer laws, Intellectual Property, privacy, and confidentiality.

Harmful Code means any computer virus, trojan, worm, other malicious computer code or other forms of interference that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.

Intellectual Property means any current or future, registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.

Loss means loss or damage of any kind (including liability to a third party). Materials means any content made available by you via this website (including but not limited to software, information, data, documents, images, photographs, graphics, audio, videos, or webcasts).