Alexander Gibson

Website Terms of Use

Introduction

1.1 These Terms of Use (“the Terms”) govern your use of our website located at https://www.alexandergibson.com.au/ and all associated microsites (“the Site”) and form an agreement between you, the user of the Site and us, Gibson Velasquez Pty Ltd (ABN 39 643 943 051). By accessing the Site, you accept and agree to these Terms. You must not use the Site if you do not agree with these Terms.

1.2 For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.

1.3 By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Website content and access

2.1 While every effort has been made to ensure that the information on this site is correct and up to date, we do not represent or warrant the completeness, accuracy, reliability or availability of such information. Further, we do not guarantee continuous, uninterrupted or secure access to this site.

2.2 You acknowledge and agree that access to, and use of, the Site (including the software operating in connection with the site) may be interfered with by numerous factors outside of our control.

2.3 Persons accessing this site from outside of Australia should take note that this site is intended for use only within Australia.

2.4 The services offered on this site are intended to merely provide a guide only and further information should be ascertained by contacting us directly. We take great care in compiling the contents of the Site and make sure that they are updated on a regular basis. The Site is nevertheless only meant to provide non-binding general information and cannot replace detailed individual advice to help the prospective buyer make their decision. The information contained on the Site does not take into account your individual objectives, financial situation or needs. We recommend that you obtain financial, legal and taxation advice before making any decision.

2.5 We do not guarantee that the information on these pages is up-to-date, accurate and complete, or that they can be accessed without disturbance at any time.

Use of Information

3.1 You agree that any information or content provided or uploaded by you in the course of or in connection with accessing the Site, that such information or content will be available to Gibson Velasquez Pty Ltd to use in any way it thinks fit, subject to any applicable legislation including privacy legislation. Further, you agree that you are solely responsible for any information or content you provide to us via the Site.

3.2 You acknowledge and agree that any information or content provided by you to us is accurate, complete, lawfully obtained and that you have the authority or permission to provide with the such information and content.

3.3 By providing any information or content, pursuant to clause 3.1 above, you hereby grant Gibson Velasquez Pty Ltd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, assignable right to exercise any intellectual property rights you may have in the information or content. You agree to waive any moral rights or similar rights you may have or may acquire in the future in that content or information in our favour.

3.4 You hereby agree that you will not upload or otherwise provide Gibson Velasquez Pty Ltd with any information or content which:

3.4.1 Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, injurious, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or

3.4.2 Infringes the intellectual or other propriety interests of third parties; or

3.4.3 Impersonates another person or entity, attempts to solicit personal information from another user, advertises, contains or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services which we consider to be inappropriate; or

3.4.4 Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, compute doe, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of Site or any other computer software, hardware or other electronic equipment, information which in any impinges on another use’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these terms of use.

3.5 We reserve the right to remove, delete or erase any information or content provided by you which we consider in our absolute discretion does not meet the requirements of this clause 3.

Third Parties

4.1 The Site may incorporate information form third party data providers. These data providers have exclusive property rights in their respective information and data.

4.2 Gibson Velasquez Pty Ltd makes no representation or warranty with respect of the ownership of, or any intellectual property rights in, content on the Site which is uploaded, linked or otherwise disseminated by users or otherwise on the Site and we in no way represent others who claim to be authors, creators or owners of any intellectual property rights or other rights thereto. Where you wish to use such content, your warrant that you have all appropriate permission(s) and/or licence(s) to do so.

4.3 When we refer to web pages of third parties (links), we do not take any responsibility for the contents of the linked pages. In activating the reference, you leave the information service of Gibson Velasquez Pty Ltd. Diverging regulations and policies can therefore be applicable to the services of third parties, in particular with regard to data protection and/or privacy.

Liability

5.1 You agree that to the maximum extent permitted by law, Gibson Velasquez Pty Ltd is not liable to you or anyone else for any Loss or damages arising out of or in connection with the use of the Site, our use of any information provided by you through the Site, or any loss or damage which may arise should you be unable to access the Site, for whatever reason and however arising, including for our negligence.

5.2 To the extent that we are able to limit the remedies available under the Terms, Gibson Velasquez Pty Ltd expressly limits its liability for breach of a condition or warranty implied by virtue of legislation to the following remedies (the choice of which is to be at Gibson Velasquez Pty Ltd’s sole discretion):

5.2.1 In the case of goods, any one or more of the following:

(a) The replacement of the goods or supply of equivalent goods;

(b) The repair of the goods;

(d) The payment of the costs of having the goods repaired; and

5.2.2 In the case of services:

(a) The supply of the services again; or

(b) The payment of the costs of having the services supplied again.

5.3 You forever indemnify and hold Gibson Velasquez Pty Ltd harmless against any action, liability, claim, Loss, damage, proceeding, expense suffered or incurred by Gibson Velasquez Pty Ltd, arising from, or which is directly or indirectly related to:

5.3.1 Your breach or non-observance of any term of these conditions (including but not limited to clause 3 and/or clause 6); or

5.3.2 Any breach or inaccuracy in any of your representations or warranties us.

5.4 “Loss” as referred to herein includes but is not limited to any indirect, special, punitive, exemplary or consequential loss of any kind (including but not limited to loss of profit, loss of revenue or income, loss of production, loss of use, loss of product, loss of business, loss of contracts, loss of investment, costs of capital, legal fees, loss of opportunity to make a profit or other opportunity, loss of expected or anticipated profit, loss of use of data, loss of anticipated savings, for any delay, loss of goodwill or reputation, loss or deferment of anticipated benefits or savings, loss or deferment of any prospect or business opportunity, loss of data, loss of value, loss of production or other business interruption loss, overhead costs, financing costs, increase in operating costs, any economic loss, and any loss that is arising out of or in connection with the Site and/or its related goods and services whether in contract, tort (including negligence) or equity, under statute, common law or otherwise, howsoever caused.

Intellectual Property

6.1 The materials displayed on the Site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are owned by or licensed to Gibson Velasquez Pty Ltd and are protected by copyright, trade mark and other intellectual property laws.

6.2 Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice on such a display or page is not removed.

6.3 You agree not to reproduce, create derivative works, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or in any way further distribution or public exhibition any such material, in whole or in part, to any third party without the express prior written consent of Gibson Velasquez Pty Ltd.

6.4 Save for the above, and unless expressly granted in writing, Gibson Velasquez Pty Ltd does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Site.

Privacy

In accordance with our Privacy Policy, we may collect your personal information through the Site. We collect, use, hold and disclose your personal information so that we can perform our business activities.

Interference with the Site

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site.

Jurisdiction

These Terms are governed by and construed in accordance with the State of New South Wales, Australia. In the event that a dispute arises from these Terms, each of Gibson Velasquez Pty Ltd and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.