Terms and Conditions of Your Use of Our Website Agreement

 

PRE-CONDITION TO USE: Please do not rely on this website unless you have read, accept and understand these terms. These terms will override any rights to access our website along with all the documents, links, videos and information contained herein, subject to any statutory right or limitations. By choosing to use this website, we will regard your use as conclusive proof you accept our terms which govern our rights and obligations to each other.

AMENDMENT OF TERMS AT OUR DISCRETION: We can change these terms and conditions of use at any time without notification and those changes shall override all subsequent uses of the website by you. You should check these terms every time before you use this website. If you accept these terms, it means you will proceed to access and use the links and information on the terms current at the time of your access.

THIS WEBSITE DOES NOT GIVE CASE SPECIFIC LEGAL ADVICE: Whilst the information on this website has been prepared by experienced specialists in retailing, retail property and leasing, the owner is not an incorporated legal practice for general legal advice. Representation of your behalf before any Mediation or Tribunal is governed by the rules and laws of the relevant jurisdiction. For example, in NSW Tribunals, our representation on a lessee’s behalf at Mediation and NCAT is governed by a right under the NCAT and Retail Leases Act (1994) and with leave to the NSW Courts. See also, Law Society v Spring [2007] NSWSC 1273 (Barr J). Other jurisdictions may differ. Engagement to represent you, say before a Tribunal, can only be by a Costs and Engagement Agreement relevant at the time and jurisdiction.

DIFFERENT LAWS AND CHANGES TO THE LAW: The law governing retail leasing is different in each state and territory of Australia and it regularly changes. Unless specifically addressed, it is not possible to advise on commercial terms and other consequnces of lease transactions with information from this website. 

LIMITATION ON LIABILITY: Your use of this website is at your own risk. However, this only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth), then it is an essential pre-condition you agree and accept that we cannot be legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of our website, whether from errors or from omissions or from any other use of this website.

LINKS TO OTHER WEBSITES: This website may provide links to other websites and information on those websites. These links do not imply sponsorship, endorsement, or approval or any arrangement between us and the owners or authors of those websites or links. We take no responsibility for any of the content found on the linked websites including any information from third parties.

BUSINESS CONSUMERS ONLY: This website has been created for small, medium sized and larger retail businesses whether publicly listed companies or not. It is not for personal, household or domestic use purposes.

PRIVACY: We respect the confidentiality of the information provided by you we adhere to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Do not send confidential or commercially sensitive information via the forms used on this website, especially any matter with a potential to be subject to legal privilege.

THIRD PARTIES CANNOT USE YOUR INFORMATION: We do not sell or deal in personal or customer information. However, with your permission, we may use in a general sense your information to create statistics, identify user demands and to assist us improving our services and website.

JURISDICTION: This agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute or litigation, the jurisdiction of the relevant courts of Australia or the relevant state applies and we agree to submit to that jurisdiction.

COPYRIGHT AND RESTRICTION OF USE: You are not permitted to reproduce or re-post any information or materials on this website for the purposes of conducting a competitive business. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute anything that you download from our website where that activity is part of a business that is competitive with or similar to our business. To the best of our knowledge, all material on our website is licensed or an original work and all moral rights to copyright are reserved.

TRADEMARKS AND RESTRICTION OF USE: You are not permitted to use our trademarks, tradenames, graphics or designs. If you breach our trademarks and other intellectual property we will almost certainly sue you.

EXCLUSION OF COMPETITORS: If a principal part of your business is retail and/or retail property then you are a competitor and we do not permit you to use or access our website in order to download any document, video or other information from its website or obtain any information through a third party. If you breach this term, we will hold you fully responsible for any loss that it might sustain and further hold you accountable for all profits that you might make from such impermissible and improper use. We reserve the right to exclude and bar any person or organisation from using our website or any of the documents and information owned or licensed by us contained on it.

WHOLE AGREEMENT: These terms and conditions are the whole agreement between us and your use and access to this website. No other term is to be included in this agreement except where it is required to be included by any Australian legislation or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS: Where any condition, clause or term in these terms of use would be illegal, void, or unenforceable in any jurisdiction, then such a condition, clause or term shall not apply. If such a condition, clause or term is legal and enforceable in any other jurisdiction, it shall continue to be fully enforceable and part of this agreement in those other jurisdictions. The deemed excision of any term or parts  to this paragraph shall not affect or modify the full enforceability and construction of the other parts of these conditions, clauses or terms.