Terms of Use
Acceptance of Terms
HM Partners makes this website (the "Site"), including all information, documents, content, materials, software and services (the "Materials") available on the Site, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement ("Terms of Use"). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. HM Partners reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use. If you do not agree to the Terms of Use, do not use the Site.
Access to the Site
HM Partners may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you do not abide by the provisions of the Terms of Use, HM Partners may immediately deactivate or delete your user account and/or bar any further access to the Materials, and/or the Site. HM Partners shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.
Account Security
If you are required to open an account on this Site, you must complete the registration process by providing current, complete and accurate information as prompted by the application registration form. In most cases, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify HM Partners immediately of any unauthorized use of your account or any other breach of security. HM Partners will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by HM Partners or another party due to someone else using your account or password. You may not use anyone else's account at any time, without permission of the account holder.
No Additional Rights
You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Software and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of HM Partners, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use HM Partners's name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from HM Partners.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN AN END USER LICENSE AGREEMENT ACCOMPANYING SOFTWARE DOWNLOADED FROM THIS SITE OR OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PROPERTY FRIENDS, ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WITHOUT LIMITING THE FOREGOING, PROPERTY FRIENDS MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED; AND, (VI) THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Liability
HM Partners may make changes to the Materials, including without limitation, descriptions of any listed services at any time, without notice. The Materials on this Site may be out of date and HM Partners makes no commitment to update such Materials.
The Site could include technical or other mistakes, inaccuracies or typographical errors. HM Partners assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other corporations' sites, services and products are provided "as is" without warranty of any kind, either express or implied.
IN NO EVENT SHALL PROPERTY FRIENDS, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF PROPERTY FRIENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. PROPERTY FRIENDS IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN NO EVENT SHALL PROPERTY FRIENDS'S (OR ITS SUPPLIERS' OR LICENSORS') MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED $1 AUD DOLLAR. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
By using this Site, you agree to indemnify, defend and hold harmless HM Partners and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Site, and/or (c) your activities in connection with the Site.
Privacy Policy Statement
The terms of HM Partners's Privacy Policy Statement ("Privacy Policy") are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.
International Users
The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that HM Partners intends to announce such products, services or programs in your country. HM Partners makes no representation that Materials on this Site are appropriate or available for use in locations outside of Australia and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
Choice of Language
The Terms of Use is in the English language only, which language shall be controlling in all respects.
Choice of Law and Jurisdiction
This Site (excluding links to External Sites) is controlled by HM Partners from its office in Malvern East, Victoria, Australia, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and HM Partners agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Victoria and the federal laws of Australia applicable therein. You and HM Partners expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and HM Partners also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Victoria, Australia with respect to such matters.
General
The Terms of Use and the Privacy Policy constitute the entire agreement between HM Partners and you and govern your use of the Sites. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by HM Partners, as described in "Acceptance of Terms" above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by HM Partners to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.
Copyright Information
Copyright © 2006 HM Partners. All rights reserved.
Contact Information
If you have any questions regarding this Site or these Terms of Use, please contact us at:
E-mail: info@cmassociates.com.au
Write:
HM Partners
943 Dandenong Road
Malvern East
Victoria 3145