Conditions of use of Website
This website is maintained by Dawn Properties. ABN 22506227730 (in this disclaimer referred to as Dawn Properties, “dawnproperties.com.au” or “we” or “us” or “our”).
Each time you use this website you are agreeing to the terms and conditions of use as follows:-
Acceptance of Terms
Welcome to the dawnproperties.com.au web site. Dawn Properties provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by visiting this page. In addition, when using dawnproperties.com.au services, you and dawnproperties.com.au shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. dawnproperties.com.au may also offer various services from time to time, which may be governed by different terms of service.
No Warranty as to information
Much of the information on this Website (including but not limited to information concerning property area, floor size, floor plans, price, address and general property description) (“Information”) has been provided to dawnproperties.com.au by third parties. dawnproperties.com.au believes that such Information is correct but does not take steps to verify it. No representation or warranty of any nature whatsoever is given, intended or implied as to the accuracy of any Information or material available from this website, and you should rely on your own enquiries. If you have reason to believe that any Information or material is incorrect or misleading, please contact us to let us know.
Without limiting the generality of the preceding clause, Information and material provided on this website should be considered as advertising and general information only, and is subject to change without notice. Prices are current at the time of issue, except in the case of error, but may change at any time and are subject to availability. You should not rely on the Information on this website as a substitute for legal, financial, investment or other expert advice and you are advised to seek such appropriate advice as you require. You must also take steps to satisfy yourself as to the physical state of any property you are considering to purchase.
dawnproperties.com.au disclaims all liability and responsibility, including for negligence, for any direct or indirect loss or damage suffered by any person arising out of any use of this Website or any Information or material available from it or for any omission or defect in the Information or material contained on the Website or for any further information given by Dawn Properties in connection with anything listed on the Website.
The Loan calculator on this website is for general indicative reference only. Actual monthly payments should be verified with your lender. Dawnproperties.com.au will not be liable for any differential in monthly loan repayment amounts.
You expressly understand and agree that:
(a) Your use of the services provided by Dawn Properties is at your sole risk. The service is provided on an “as is” and “as available” basis. Dawn Properties expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) Dawn Properties makes no warranty that (i) The service will meet your requirements, (ii) The service will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the service will be accurate or reliable, (iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) Any errors in the software will be corrected.
(c) Any material or information downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from Dawn Properties or through or from the services provided by Dawn Properties shall create any warranty not expressly stated in the T.O.S. is at your sole risk. The service is provided on an “as is” and “as available” basis. Dawn Properties expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
All material available or accessible from this Website is the property of Dawn Properties, or its commercial partners or clients. Prior consent in writing must be sought from Dawn Properties for any commercial use of this material.
Without limiting the generality of the preceding clause, you may not modify, publish, license, create derivative works from, transfer, or sell any information, materials, software, products or services obtained from this Website without the prior written permission of Dawn Properties.
Dawn Properties may withhold any consent or approval or give consent or approval conditionally or unconditionally. You must comply with any conditions Dawn Properties imposes on its consent or approval.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
You agree to indemnify and hold Dawn Properties, and its directors, officers, employees, subsidiaries, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
This Website may contain hyperlinks to websites operated by parties other than dawnproperties.com.au. Dawn Properties has no control over such websites, and is not in any way responsible for their content. The inclusion of hyperlinks to such websites does not imply any endorsement by dawnproperties.com.au of the information or material available on such websites or any association with their operators. You use such websites, including information, material, products and services contained on them, and the services and business to which they are linked solely at your own risk.
Use of Website
If Dawn Properties is or becomes entitled to receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website, Dawn Properties is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.
As a condition of your use of this Website or any services on this Website, you warrant to Dawn Properties that you will not use this Website for any purpose that is unlawful or prohibited by these Conditions of Use. In particular, but without limitation, you agree not to:
publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
engage in or promote any unsolicited emailing or spamming via this Website;
use this Website to defame, abuse, harass, store, threaten or otherwise offend others;
impersonate any person or entity;
use any automated scripting tools or software;
in any way make available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
Dawnproperties.com.au may make improvements or changes in the information, services, products, and other materials displayed on this Website, or terminate this Website, at any time without notice.
Any unauthorised use of any Information or material on this Website has the potential to cause damage to dawnproperties.com.au. Any such unauthorised use will be prosecuted.
Dawn Properties may vary these Conditions of Use from time to time.
These Conditions of Use will be governed by and construed in accordance with the laws of Queensland and the Commonwealth of Australia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Dawn Properties and you related to these Conditions of Use will be brought exclusively in a court of competent jurisdiction in Queensland.
Dawn Properties failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right.
In these Conditions of Use, unless otherwise indicated by the context:
words importing the singular include the plural and vice versa;
headings are for convenience only and do not affect interpretation of these Conditions of Use;
where any word or phrase given a definite meaning, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;
an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof; and
a reference to you or Dawn Properties includes the respective legal personal representatives, successors and permitted assigns.
To minimise space when corresponding with our clients, Dawn Properties inserts an abbreviated disclaimer at the end of each email message. For clarification purposes, the full Dawn Properties email disclaimer can be found below:
Any email (including all attachments) from Dawn Properties is intended exclusively for the intended addressee. The contents of the email may be confidential and any confidentiality will not be surrendered because an email has been sent to the receiver by mistake. If you have received an email in error, please reply to the sender by reply email, delete the email from your system and destroy any copies. No part of any email should be reproduced, rewritten, changed or communicated without the written consent of Dawn Properties. Any personal information received by you in an email from Dawn Properties must be handled in accordance with the Privacy Act 1988 (Cth).
All Dawn Properties emails and any attachments should be scanned to detect viruses. Dawn Properties accepts no liability for loss or damage caused by received emails or attachments due to viruses, interference, corruption or unauthorized access. For the avoidance of doubt, please note that Dawn Properties accepts no responsibility for any email sent by Dawn Properties employees that are of a personal nature or in breach of any law, Act, statute or regulation applicable in either the country of origin or receipt.
No emails should be printed, stored, re-distributed, transmitted or forwarded unless permission has been granted by Dawn Properties. Any views or opinions expressed in any email are solely those of the author and do not necessarily represent those of Dawn Properties. While Dawn Properties believes that its sources are reliable, we make no representation or warranty as to the accuracy of the contents.
Relating to the supply of Content
1. If you send content to Dawn Properties you agree to be bound by these terms and conditions.
2. These terms and conditions are subject to change at the sole discretion of Dawn Properties
3. You should only provide your content to Dawn Properties if you are over 18 years of age.
4. Dawn Properties will determine, at its discretion, whether to publish (or remove from a site) any of your content.
7. Dawn Properties may edit your content in its discretion.
8. You warrant that: (a) you own your content and all rights in relation to your content;
(b) you obtained your content in a manner which does not breach any laws or the rights of any person;
(c) your content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) your content, your provision of your content to Dawn Properties and the use by Dawn Properties of your content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
(e) your content, at the time you send it to Dawn Properties, contains no virus or other code or material embedded in it which will have a negative impact on Dawn Properties services or infrastructure;
(f) your content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services); and
(g) you did not forge any TCP/IP packet header or any part of the header information in any email or SMS.
9. Dawn Properties will be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your supply of your content to Dawn Properties, or the subsequent use of your content within goods or services supplied by Dawn Properties.
10. On providing your content to Dawn Properties for publication in any media, you indemnify Dawn Properties and its officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of:
(a) the publication by Dawn Properties or a person permitted by Dawn Properties of your content; or
(b) a breach by you of these terms and conditions.
12. These terms and conditions shall be governed by the laws of the state of Queensland. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
13. Nothing in these terms and conditions has any impact on the terms and conditions of use which apply to the relevant Dawn Properties sites or other services.