The Terms of Use will govern your use of this website, including all pages within this website (Upmarket Homes Website). The Terms of Use of the Upmarket Homes Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Upmarket Homes Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Upmarket Homes website.
By using the Upmarket Homes Website, you acknowledge and agree to all the Terms of Use. You must not use the Upmarket Homes Website, if you do not agree, or have any objection, to any of the Terms of Use.
Upmarket Homes does not guarantee that access to the Upmarket Homes Website will be uninterrupted or that the Upmarket Homes Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the Upmarket Homes Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.
Certain areas of the Upmarket Homes Website may be restricted from access by you and Upmarket Homes may further restrict your access to any areas of the Upmarket Homes Website, at any time, in its sole and absolute discretion.
The Upmarket Homes Website is provided “as is,” and Upmarket Homes makes no express or implied representations or warranties, of any kind related to the Upmarket Homes Website or its content. Upmarket Homes does not warrant the accuracy, reliability, adequacy or completeness of any of the Upmarket Homes Website content. You acknowledge and accept that the Upmarket Homes Website content may include faults, inaccuracies and errors.
Nothing contained on the Upmarket Homes Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the Upmarket Homes Website you wish to rely upon.
To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Upmarket Homes excludes all liability for, and neither Upmarket Homes nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:
your use of, or reliance on, the Upmarket Homes Website or its content; or
the performance or failure of the Upmarket Homes Website.
You hereby indemnify Upmarket Homes from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the Upmarket Homes Website, its content or breach of any of the provisions of the Terms of Use.
Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then Upmarket Homes’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:
in the case of goods:
replacement of the goods or the supply of equivalent goods;
repair of the goods or payment of the cost of having the goods repaired; or
payment of the cost of replacing the goods or acquiring equivalent goods; and
in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
The content on the Upmarket Homes Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of Upmarket Homes or have been made available for use by Upmarket Homes and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:
copy, reproduce, perform, adapt, modify or translate the Content; or
retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,
without the express prior written consent of Upmarket Homes. Alternatively, you should direct the third party to the Upmarket Homes Website and the relevant Content on the Upmarket Homes Website.
Upmarket Homes does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the Upmarket Homes Website except as granted in these Terms of Use or as expressly granted by Upmarket Homes in writing.
Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the Upmarket Homes Website (Your Content) will be deemed to be non-confidential and non-proprietary. Upmarket Homes will be entitled to use any of Your Content for any purpose without compensation to you.
Your Content must be your own and must not infringe any third party’s rights. You grant Upmarket Homes a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the Upmarket Homes Website.
The Upmarket Homes Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Upmarket Homes does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. Upmarket Homes does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.
If you wish to establish a link to this website, you must first seek approval from Upmarket Homes. Please email Upmarket Homes with your request at sales@upmarketcanberra.com.au. You must not establish a link to the Upmarket Homes website without Upmarket Homes’s express written approval.
If Upmarket Homes agrees to your proposed link, you must comply with any terms and conditions imposed by Upmarket Homes as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Upmarket Homes and provide a new description of your website and seek Upmarket Homes’s written approval to retain the link to the Upmarket Homes Website.
Upmarket Homes may at any time withdraw its approval to your link by notifying you in writing. If Upmarket Homes notifies you that its approval has been withdrawn you must immediately remove the link to the Upmarket Homes Website.
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Upmarket Homes Website or any of its Content or Brands.
You must not:
use the Upmarket Homes Website in any way that is, or may be, damaging to the Upmarket Homes Website or to Upmarket Homes or in a way that causes, or may cause, harm to Upmarket Homes, the Upmarket Homes Website or to any person or entity;
use the Upmarket Homes Website in any way that impacts with user access to the Upmarket Homes Website;
use the Upmarket Homes Website contrary to applicable laws or regulations;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Upmarket Homes Website or its Content or while using the Upmarket Homes Website or its Content; or
use the Upmarket Homes Website to engage in any advertising or marketing.
These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.
Upmarket Homes is permitted to revise these Terms of Use at any time as it sees fit, and by using the Upmarket Homes Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the Upmarket Homes Website.
Upmarket Homes may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.