Website Terms and Conditions of Use
1 About the Website
(a) Welcome to https://onecentralproperty.com.au/ (the ‘Website’).
(b) Throughout this Website, One Central Property Pty Ltd (the ‘OCP’) provides users (the ‘You’ or ‘Your’) with an opportunity to browse and access information pertaining to our property consultancy services and buyers agency services (the ‘Services’).
(c) The Website is operated by OCP (ACN 635 420 192). The Website provides these offerings by granting You access to relevant content, resources, and expertise available through the Website.
(d) By accessing and using this Website, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions of Use (the ‘Terms’).
(e) Please read the Terms carefully. If You do not agree with the Terms, You must immediately cease usage of the Website.
2 Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You by OCP in the user interface.
3 Copyright and Intellectual Property
(a) The Website, and all of the related Services of OCP are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by OCP or its contributors.
(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by OCP, who grant You a worldwide, non-exclusive, royalty-free, revocable license to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for Your own personal and non-commercial use. (c) OCP does not grant You any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by OCP.
(d) OCP retains all rights, title and interest in and to the Website and all related Services. Nothing You do on or in relation to the Website will transfer to You: (i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or
process),
(e) You may not, without the prior written permission of OCP and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4 Privacy
OCP takes Your privacy seriously and provides information about how it collects, uses, and discloses Personal Information in our Privacy Policy, which is available at https://onecentralproperty.com.au/privacy-policy/. You acknowledge and agree that, when You use our Website, we may collect, use, and disclose your personal information in the manner described in our Privacy Policy; and we may use cookies or other similar tracking technologies to help us track Your usage and remember Your preferences in the manner described in our Privacy Policy.
5 Payment
(a) You acknowledge that OCP does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding its Services other than provided for pursuant to these Terms.
(b) OCP will make every effort to ensure its Services are accurately depicted on the Website; however, You acknowledge that the content, appearance, or presentation of certain materials may differ from what is displayed on the Website.
(c) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions not expressly stated in the Terms are excluded; and
(ii) OCP will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable as a result of our failure to meet an applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including but not limited to the inability to use the Services or delays in supplying the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
(e) Use of the Website is at Your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of OCP make any express or implied representation or warranty about the Services referred to on the Website. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, or any of its related Services (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website or any of the Services of OCP; and
(iv) the operation in respect to links which are provided for Your
convenience.
(v) any failure to complete a transaction, or any loss arising from
e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting
such conduct.
6 Limitation of Liability
(a) OCP’s total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to You.
(b) You expressly understand and agree that OCP, its affiliates, employees, agents, contributors and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused, and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) OCP is not responsible or liable in any manner for any site content (including the content and third party content) posted on the Website or in connection with the Services, whether posted or caused by Your use of the Website or by third parties.
7 Competitors
If You are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then You are a competitor of OCP. Competitors are not permitted to use or access any information or content on the Website. If You breach this provision, OCP will hold You fully responsible for any loss that OCP may sustain and hold You accountable for all profits that You might make from such a breach.
8 Indemnity
You agree to indemnify OCP, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content You post through the Website;
(b) any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so and any breach by You or Your agents of these Terms; and/or
(c) any breach of the Terms.
9 Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to these Terms who claims that a dispute (the ‘Dispute’) has arisen must provide written notice to the other party, detailing the nature of the Dispute, the desired outcome, and the action required for its resolution.
9.3. Resolution:
On receipt of that notice (the ‘Notice’) by that other party, the parties to the Terms (the ‘Parties’) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a
mediator or request that an appropriate mediator be appointed by OCP;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a
precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10 Venue and Jurisdiction
The Services offered by OCP are intended to be viewed by residents of Australia. In the event of any Dispute arising out of or in relation to the Website, You agree that the exclusive venue for resolving any Dispute shall be in the courts of New South Wales, Australia.
11 Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the Parties hereto and their successors and assignors.
12 Changes to Terms of Service
You can review the most current version of the Terms at any time at this page. OCP reserves the right to review and change any of the Terms by updating this page at its sole discretion. When OCP updates the Terms, it will use reasonable endeavours to provide You with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before You continue, OCP recommends that You keep a copy of the Terms for Your records. Your continued use of or access to the OCP’s Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
13 Seeking Independent Legal and Financial Advice
You acknowledge to:
(a) Seek independent legal and financial advice prior to accepting these Terms; (b) Carefully review every part of these Terms and understand its legal and financial obligations; and
(c) You have been afforded the opportunity to obtain independent legal and financial advice. By accessing these Terms, You confirm that You have either sought such advice or waived Your right to do so in connection with entering the Website.
14 Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
15 Contact Information
Any questions or concerns regarding the Terms should be directed to OCP at Info@onecentralproperty.com.au.