Your obligations

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You must use the Website in a responsible manner. You must not:

• (a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• (b) use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
• (c) use the Website to send unsolicited email messages;
• (d) in any way tamper with, hinder or modify the Website;
• (e) knowingly transmit any viruses or other disabling features to the Website or via the Website; or
• (f) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Copyright and trademarks

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The material on the Website, the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by The Trustee and protected by Australian and international laws.

The Trustee does not grant you a licence or act as a right of use of any of the trade marks, logos or text, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

You may view the Website and its content using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You may print, copy, download and view materials on the Website. However, you must not:

• use the material on the Website for commercial purposes;
• in any way modify the material on the Website; or
• cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by The Trustee or expressly authorised in writing by The Trustee.

Third party content and links to third party websites

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The Website contains hyperlinks and other pointers to websites operated by third parties. The Trustee does not control these linked websites and is therefore not responsible for the contents of any linked website or any hyperlink contained in a linked website. The links are provided by The Trustee solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship or approval by The Trustee of a linked website or the products or services provided at those websites. You link to any third party website entirely at your own risk.

To clarify, The Trustee does not provide any warranty or take any responsibility for any aspect of linked websites or the content of those websites.

Prices, products and services are subject to change

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All prices displayed and products and services offered to be supplied on the Website are subject to change by The Trustee without notice.

 

Information only

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The information provided on the Website is for information purposes only. The information is not intended to be comprehensive, and does not constitute and must not be relied on as advice. You must seek specific advice tailored to your circumstances.

 

Indemnity

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By using the Website, you agree to indemnify The Trustee from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

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Some legislation such as the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by The Trustee via the Website which cannot be excluded, restricted or modified (your Statutory Rights). The Trustee excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, in respect of the Website:

(a) all material on the Website is provided to you without warranties of any kind, either express or implied;

(b) The Trustee expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

(c) The Trustee does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;

and

(d) The Trustee does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on the part of The Trustee, The Trustee will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that The Trustee does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

Limitation of Liability

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To the extent permitted by law, The Trustee’s liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of The Trustee, to one or more of the following:

• (a) in the case of services supplied or offered by The Trustee:
• (i) the supply of the services again; or
• (ii) the payment of the cost of having the services supplied again.
• (b) In the case of goods supplied by or offered by The Trustee:
• (i) the replacement of the goods or the supply of equivalent goods;
• (ii) the repair of such goods;
• (iii) the payment of the costs of replacing the goods or acquiring equivalent goods; or
• (iv) the payment of the costs of having the goods repaired.

 

Privacy

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You agree to the terms of The Trustee Privacy Policy.

 

Termination

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The Terms of Use are effective until terminated by The Trustee. The Trustee may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.

 

Miscellaneous

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The Trustee relies upon your continued observance of the Terms of Use. If The Trustee suffers loss or damage or incurs any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify The Trustee for those losses, damages and costs.

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

The Trustee does not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If The Trustee does not act in relation to a breach of the Terms of Use by you, this does not waive The Trustee’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

 

Contact

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If you have any questions relating to the Terms of Use, please contact us on 0490 118 825 or emailing  admin@cafeforsale.com.au.

CAFEFORSALE.COM.AU © 2020  | ABN 46 328 373 399

Terms of Use last updated on 1 February 2020