End User License Agreement

The following terms and conditions of this End User Licence Agreement apply to use of, and access to, the domain https://oakvalehomes.com.au and all associated pages, applications, and resources.  If you do not agree to these terms and conditions you must not use or access any page, application, or resource accessible through https://oakvalehomes.com.au (Website).

By using or accessing a page, application, or resource through the Website, you accept the following terms and conditions and enter into an agreement with Oakvale Homes ABN 31 094 728 686 (Agreement).

We may vary these terms and conditions from time to time, and you agree to any such variation upon accessing a page, application, or resource through the Website.

These terms and conditions are published at https://oakvalehomes.com.au/terms

  1. Use of the Website

1.1          The terms and conditions of this Agreement apply to you as a user of the Website.

1.2          If you sign up to receive services from us, or you sign up to receive services from our associates through the Website, then additional terms and conditions will apply.

  1. Intellectual Property Rights Statement

2.1          All intellectual property rights in the Website, including without limitation those relating to designs, text, graphics, logos, icons, sound recordings, video, data, and all software relating to the Website, belong to or are licensed by Oakvale Homes. These intellectual property rights are protected by Australian and international laws.

2.2          No intellectual property rights are transferred to you under this Agreement.

2.3          You may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, publish, post, frame within another website or create derivative works from any part of the Website, or commercialise any information obtained from any part of the Website without something’s prior written consent.

  1. Linked websites

3.1          The Website may contain links to other websites.  Those links are provided for convenience only and may not remain current or be maintained.  Oakvale Homes is not responsible for the content or privacy practices associated with those linked websites.

  1. Secure data

4.1          Any information that you transmit to the Website is transmitted at your own risk.  If you become aware of any problems with the security of the Website, you must inform Oakvale Homes immediately.

4.2          If you submit any information on the Website, the information will be handled in accordance with our privacy policy, which is included by reference into these terms and conditions.  A copy of our current privacy policy is available here: https://oakvalehomes.com.au/privacy-policy

  1. Warnings

5.1          You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.

5.2          You acknowledge and agree that:

(a)           Oakvale Homes does not provide any warranties with respect to the Website and it is made available on an as is basis;

(b)           Oakvale Homes maintains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in its sole discretion

(c)           the Website will not operate on a continuous basis and may be unavailable from time to time; and

(d)           you must take your own precautions to ensure that the process that you employ for accessing the Website do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer or software.

5.3          You must ensure that any information you provide to us is accurate, and complete in all material respects.

  1. Limitation of liability

6.1          Subject to the following paragraphs of this clause 6, Oakvale Homes is not liable for any loss or damage, however caused (including, but not limited to, by Oakvale Homes’ negligence) suffered by you in connection with your use of the Website.

6.2          Except as contemplated by the following paragraph, nothing in these terms and conditions is intended to limit any of your rights under the Competition and Consumer Act 2010 (Cth).

6.3          If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and Oakvale Homes’ liability for breach of that guarantee may not be excluded but may be limited, Oakvale Homes’ liability for such breach is limited to (at its sole discretion), in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.

  1. Indemnity

7.1          You indemnify, and will indemnify on an ongoing basis, Oakvale Homes for all loss or damage, penalties, fines, expenses and costs (including legal costs) which arise out of, or relate to: your use of the Website; any information that you provide to Oakvale Homes via the Website; or any damage that you may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

  1. Governing Law and jurisdiction

8.1          If a dispute arises regarding these terms of use, the laws of the State of Queensland, Australia will apply.  In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.

8.2          If you access the Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

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