Terms and Conditions

INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

In these terms and conditions:

  • “On Property”, “OP”, “us”, “our” and “we” means On Property Trust trading as On Property of 20/9-15 Mansfield Ave, Caringbah, NSW, 2229.
  • “Pumped On Property”, “POP” means The Few Enterprises Pty Ltd as trustee for The Few Trust trading as Pumped On Property of 10 Reflection Crescent, Birtinya QLD 4575;
  • “you”, “your”, “user”, “member”, “guest” means anyone that visits and/or uses this website;
  • “order” means any offer made by you in response to an invitation to treat by us made via this website;
  • “products” means the products listed on the site or such products that we provide to you from time to time; and
  • “site” means this website www.pumpedonproperty.com; “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

COOKIES

This website uses cookies and you warrant you have reviewed and agree to our Privacy Policy (available on this website) and hereby consent to our use of cookies in accordance with the terms of our Privacy Policy.

LICENCE TO USE WEBSITE

Unless otherwise stated, OP and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must ensure all material from this website is clearly attributed to OP.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-licence material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercialpurpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website except for content specifically and expressly madeavailable for redistribution; or
  • use material from this website for commercial purposes; or
  • use this website in any way that causes, or may cause, damage to the website orimpairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without OP’s express written consent;
  • use this website to transmit or send unsolicited commercial communications; or
  • use this website for any purposes related to marketing without OP express writtenconsent.

RESTRICTED ACCESS

Access to certain areas of this website may be restricted. OP reserves the right to restrict access to any areas of this website, or indeed this entire website, at our discretion. If OP provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. OP may disable your user ID and password in OP’s sole discretion without notice or explanation.

USER CONTENT

You grant to OP a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to OP the right to sub-licence these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or OP or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

OP reserves the right to edit or remove any material submitted to this website, or stored on OP’s servers, or hosted or published upon this website.

Notwithstanding OP’s rights under these terms and conditions in relation to user content, OP does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. OP and/or POP makes no representations or warranties in relation to this website or the information and materials provided on this website. The material on this website is only of general value. You must not act solely on the basis of this material. The material on this website does not constitute advice and your access to this website does not, of itself, give rise to a relationship of agent and client.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Without prejudice to the generality of the foregoing paragraph, OP and/or POP does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

THIRD PARTY LINKS

In this website, any frames, links or other references to other websites, persons or information are produced solely for convenience. Those references are not an endorsement of those parties or their products or services. OP and/or POP does not warrant the accuracy or suitability of any information contained in this or any other website. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this Site without written permission.

LIMITATIONS OF LIABILITY

As far as is permitted by law, we exclude all liability to you or third parties arising directly or indirectly out of your use of or reliance on materials contained in this website. Specifically, OP does not warrant that the files contained in or referred to in this website are free of viruses or other defects. In the event that liability cannot, by law, be excluded, the liability of OP and/or POP will be limited to replacing the defective file.

Without limitation, OP and/or POP will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.These limitations of liability apply even if OP and/or POP has been expressly advised of the potential loss.

You agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

You accept that:

  • OP and/or POP has an interest in limiting the personal liability of its officers and employees;
  • You will not bring any claim personally against OP and/or POP’s officers, agents, directors oremployees in respect of any losses you suffer in connection with the website; and

The limitations of warranties and liability set out in these terms and conditions will protect OP and/or POP’s officers, employees, agents, directors, subsidiaries, successors, assigns and sub-contractors as well as OP and/or POP.

INDEMNITY

You hereby indemnify OP and/or POP and undertake to keep OP and/or POP indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by OP and/or POP to a third party in settlement of a claim or dispute on the advice of OP and/or POP’s legal advisers incurred or suffered by OP and/or POP arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to OP and/or POP’s other rights under these terms and conditions or at law, if you breach these terms and conditions in any way, OP and/or POP may take such action as OP and/or POP deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

OP and/or POP may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. You must check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

OP and/or POP may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions together with any terms and conditions of sale (listed on the website or otherwise provided by OP and/or POP) constitute the entire agreement between you and OP and/or POP in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of the State of Queensland, Australia, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.

OP and POP’S CONTACT DETAILS

You can contact OP by:
Address: 20/9-15 Mansfield Ave, Caringbah NSW 2229 Phone: 0413 244 933
Email: admin@onproperty.com.au

You can contact POP by:
Address: 10 Reflection Crescent, Birtinya QLD 4575 Phone: 0435 065 794
Email: info@pumpedonproperty.com.au