(i) Intellectual Property includes the information, text materials, floor plans, facades, design treatment text, graphics, logos, button icons, images, master plans, stage plans, design covenants, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and the content and features of the Website;
(ii) Member means a registered user of the Website;
(iii) Member ID means the email and password used to register and sign in to the Members-only area of the Website;
(iv) person includes an individual, a partnership and anybody whether incorporated or not;
(vi) Third Party Content is given the meaning as contained in clause 7(a);
(vii) we, us and our means Exelero Property Development Pty Limited and its related entities and businesses;
(viii) Website means www.exelero.com.au or any other websites operated by Exelero Property Development Pty Limited or any of its related entities or businesses; and
(ix) you and your means you as the user of the Website or a Member.
(ii) The Website is intended for residents of Australia only. We have no responsibility to any person using the Site who is not a resident of Australia.
(i) Users can access the general Website without being registered as a Member.
(ii) To access the Member area of the Website, you must register by entering your first name, last name, address and password.
(iii) The Member ID that you submit will be used to sign in to the Members-only area of the Website.
(v) Your Member ID used to access the Members only area must be kept secure at all times.
(vi) You must not disclose your Member ID or share it with others or use another person’s Member ID details without our permission.
(vii) If, to your knowledge, the security of your Member ID has been compromised, or if there is any change in the information that was used to set up your Member ID, you must notify us immediately.
(viii) In the event that you notify us that your Member ID has been compromised or is known to a third party or is used without authorisation, we will take reasonable steps to deactivate your Member ID and issue you with a new Member ID within a reasonable time of being notified.
(ix) You must comply with all directions issued by us relating to your use of your Member ID and access to the Members-only area of the Website.
(x) We rely on your Member ID as evidence of your identity and authority for the purposes of accessing and using the Members-only area of the Website, including, for example, for the purpose of making payments to us using your credit card details, and for the purpose of nominating email addresses or phone numbers to which we may send billing and payment information relating to your account with us.
(xi) Other than by reference to a person’s Member ID, we cannot and do not verify that each person who accesses the Website is in fact the person they say they are, or acts with the authority of the person whose Member ID they use.
(xii) We reserve our rights to terminate your access to all or any part of the Website, without prior notice, if you engage in any conduct that, in our sole discretion:
(B) breaches our rights or a third party’s rights; or
(C) is otherwise improper to allow continued access and use of the Website.
3. Website Content
(a) The Website may contain general information about our products and services. Unless expressly stated otherwise, the Website and Intellectual Property featured on the Website does not:
(i) constitute an offer or inducement to enter into a legally binding contract:
(ii) form part of the terms and conditions for our products and services;
(iii) purport to be error-free or that the server that operates the Website is free from viruses or harmful components;
(iv) represent that the buildings that we construct based on floor plans, facades or design treatments will conform exactly to those floor plans, facades or design treatments;
(v) represent that the land that we deliver based on master plans, stage plans, lot layouts and design treatments will conform exactly to those master plans, stage plans, lot layouts and design treatments;
(vi) purport to provide you with personal, financial or investment advice of any kind; or
(vii) take account of your particular financial position or requirements.
4. Prohibited Use
You must not use the Website:
(i) for any activities that breach any laws or legislation;
(ii) to post or transmit words, images, information or any material that infringes a third party’s rights or privacy, or is contrary to any relevant standards or codes;
(iii) to post or transmit words, images, information or any material that defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using the Website;
(iv) to post or transmit any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(v) to tamper with, disrupt, interfere or hinder the operation of or make unauthorised modifications to the Website;
(vi) to knowingly transmit any virus or other disabling feature to or via the Website;
(vii) collect or store personal data about other users of the Website; or
(viii) to permit, aid or abet another person to do any of the above acts.
5. Data security
(i) You must ensure that unauthorised persons do not have access to any information provided to you through the Website in the Members only area.
(ii) If your computer is unattended, even briefly, you must log out from the Members only area or lock your computer.
(iii) We may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and our servers.
6. Our rights
You acknowledge and agree that we can:
(i) limit your ability to use this Website;
(ii) terminate your access to the Website at any time;
(iv) create an updated, upgraded or revised version of the Website which will become effective as soon as it is posted;
(v) discontinue the Website or any part of the Website and the services available on it;
(vi) allow third parties to provide their content and/or maintain parts of the Website for which we are not liable, as provided in clause 7, below; and
7. Links and advertising – third party content
You acknowledge and agree that:
(i) the Website may contain Third Party Content, including advertising of products, information and services and links to third party websites;
(ii) any Third Party Content that appears on the Website is not provided, controlled or endorsed by us;
(iii) your legal relationship in respect of any transaction involving Third Party Content is solely with that third party and not us;
(iv) we are not responsible for:
(a) the content or accuracy of the material included in the Third Party Content;
(b) any transaction that you may enter into with a third party as a result of the Third Party Content; or
(c) any loss or damage of any sort to incurred as the result of the Third Party Content;
(v) we have not reviewed the accuracy or completeness of the information or the suitability or quality of any of the products and services included in Third Party Content; and
(vi) we did not prepare or endorse the information on non Exelero Property Development sites, even if that information is linked to the Website.
8. Information used on the Website
(a) We are not responsible for:
(i) the accuracy, veracity and completeness of material or content on the Website;
(ii) errors in the manner of the input of material transmitted on the Website; or
(iii) any information you may lose as a result of equipment or power failures or our servers terminating your session due to prolonged periods of inactivity.
(b) You acknowledge and agree that all of the information contained on the Website is not legal or professional advice.
(iii) To avoid doubt, if you authorise a person to use your Member ID, you authorise us to disclose your personal information (which includes billing and payment information) to that person.
(iv) You must immediately notify us in writing if you do not want us to collect and use your personal information. If you do not contact us within one month of that information being collected, you are irrevocably deemed to have consented to us collecting and using such information.
10. Intellectual Property Rights
(i) The Intellectual Property cannot be used without our prior written consent.
(ii) Our Intellectual Property is protected by copyright, trademark and other intellectual property laws, as contained by Australian legislation and in this clause.
(iii) You acknowledge and agree that if you contribute content or any material or Intellectual Property to the Website, such content, material or intellectual property will become our property and you hereby assign all rights, title and interests in and to such contributions to use.
(i) adapt, modify, copy, reproduce, republish, download, store, distribute, print, display, post, perform, publish or transmit in any medium, or create derivative works from any part of the Website; or
(ii) otherwise commercialise any information, products or services obtained from any part of the Website, without our written permission, or in the case of third party material, from the owner of the copyright in the third party material.
(i) immediately advise us of that breach;
(ii) immediately stop using the Website; and
(iii) not use the Website again until you are advised by us in writing.
(i) is something that cannot be remedied; or
(ii) if you fail to remedy the breach within 30 days of our written notice to you of that breach.
You agree that you are responsible for and will indemnify, defend, and hold harmless us, and all our officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your:
(i) use of the Website;
(ii) wilful, negligent or unlawful act or omission by you in relation to, or in the course of using the Website
(iv) breach of any applicable law or statute.
13. Limitation of liability
(a) We will not be liable for any loss, direct, indirect, incidental, special, consequential or exemplary damages (including for loss of profits, goodwill, information, data or other intangible losses), which you may directly or indirectly suffer in connection with your use of the Website or any linked website resulting from, but not limited to:
(i) the use or inability to use the Website or your use of the Website;
(ii) unauthorised access or alterations of your transmissions to or from the Website;
(iii) activities resulting from the loss or misuse of your Member ID;
(iv) your use of or reliance on information contained on or accessed through the Website;
(v) statements or conduct of any third party; or
(vi) any other matter, however, caused, relating to the Website.
(i) In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of repairing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(d) We specifically disclaim liability for each of the following:
(i) We do not warrant the accuracy, adequacy, currency or completeness of any information contained on the Website.
(ii) We are not liable for any loss suffered by you as a result of your reliance on the accuracy or currency of the information contained on the Website.
(iii) Features and specifications of products and services described or depicted on, or available for purchase through, the Website is subject to change without notice.
(iv) Information on the Website has been prepared in accordance with Australian law and may not satisfy the laws of any other country.
(v) We assume no responsibility, and shall not be liable, for any damage to your computer equipment or other property due to your access to, or use of the Website or by you downloading material from the Website.
(vi) We assume no responsibility, and shall not be liable, for any interruptions or errors in access to the Website or the accuracy, currency, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to Website.
(vii) We do not guarantee that the Website will be free from errors or viruses, or that access to the Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of the Website.
(viii) We do not warrant that data transmissions over the internet between us and you are totally secure. We do not warrant and do not ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
(b) In the event of termination, our specific disclaimers and general disclaimer and limitation of liability will survive termination.
We will give you any necessary notices by posting them on the Website. You agree:
(i) to check the Website for notices; and
(ii) you are deemed to have received a notice when it is made available to you by posting on the Website.
18. Governing Law