Disclaimers and Terms of Use

1. Introduction

1.1
This is a website operated by Metro Property Development Pty Ltd (ACN 141 267 469) (MPD) under the domain name http://www.metroprop.com.au (the Website). The Website is operated on behalf of MPD and its related bodies corporate (together called the "MPD Group"). Your use of the information, graphics and materials on the Website (Materials on this website) are governed by sections 1 to 10 of these Terms of Use. These Terms of Use also govern the use of any websites affiliated with MPD including, but not limited to, http://www.metroproprentals.com.au (collectively, the MPD Websites).
1.2
In addition these Terms of Use, there are also additional specific terms which govern your use of, and access to, certain sections of the MPD Websites. The Terms of Use (including any additional specific terms) form a legally binding agreement between you and MPD.  

2. Content and Trade Marks

2.1
MPD and the MPD Logo are the trade marks of MPD (Trade Marks). All material on the MPD Websites, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to MPD. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of MPD, or as permitted by law. All rights of MPD are reserved.
2.2
Trade marks used on this website to describe third parties and their products are trade marks of those third parties.

3. Linking and Third Party Content

3.1
The MPD Websites may contain links to or display the content of third parties (Third Party Content) including links to websites operated by other organisations and individuals (Third Party Websites).
3.2
Third Party Content and Third Party Websites are not under the control of MPD. MPD does not endorse, approve or make any warranty, representation or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely on Third Party Content or Third Party Websites, you do so solely at your own risk.

4. Your conduct

4.1
You must not:
  • use the MPD Websites in breach of any applicable laws or regulations;
  • use the MPD Websites to the competitive disadvantage of MPD;
  • use the MPD Websites to harm, abuse, harass, stalk, threaten or otherwise offend others;
  • interfere with, disrupt, or create an undue burden on the MPD Websites;
  • upload, post, transmit or otherwise make available any material that: 
  • is not your original work, or which may infringe the intellectual property of another person;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent, or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • includes an image or personal information of another person unless you have their consent;
  • you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content; or
  • contains financial, legal, medical or other professional advice. 
Without limiting the above, you will not and will not permit a third party to:
  • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
  • use, obtain, or attempt to obtain from the MPD Websites, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
  • do anything which will or may damage, disrupt access to or interfere with the proper operation of the MPD Websites. 
If you believe that a user has breached any of the above conditions, please contact us.
4.2
MPD reserves the right to block or suspend any user of its websites, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant MPD a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
4.3
MPD is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than MPD. MPD does not endorse any opinion, advice or statement made by any person other than MPD.
4.4
You agree to indemnify MPD and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of MPD in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of you or any of your affiliates.

5. Disclaimer

5.1
By accessing the MPD Websites, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the MPD Websites or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this Website are hereby excluded. By accessing the MPD Websites, your agree to indemnify MPD for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the MPD Websites.
5.2
The MPD Websites are provided "as is" including all faults and no guarantee of availability, veracity, accuracy or completeness.

6. Privacy

6.1
MPD's Privacy Policy is incorporated by reference into these Terms of Use. By using the Websites, you agree to the Privacy Policy. The Privacy Policy is accessible here: http://metroprop.com.au/privacy-policy.

7. Cookies

7.1
The MPD Websites may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
7.2
It is recommended that you accept cookies to make full use of this website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this website's administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
7.3
Most web browsers allow you to disable cookies on your computer. However, if you disable cookies, you may be unable to use the MPD Websites to the fullest and optimum extent.

8. Limitation of Liability

8.1
Subject to any rights you may have under the Australian Consumer Law (as defined in clause 8.2) which are not able to be excluded, MPD and MPD's directors, related bodies corporate, employees, contractors and agents are not liable to you for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or in connection with your use of to the MPD Websites, Content, Third Party Content, Third Party Websites, or your access (or lack of access) to the MPD Website, howsoever caused, whether in contract, tort (including negligence, statute or otherwise. We hold the benefit of this clause on our own behalf, and on behalf of our directors, related bodies corporate, employees, contracts and agents.
8.2
Australian Consumer Law means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Law Act 2010 (Cth) and any other equivalent legislation (such as the Fair Trading Act (or equivalent legislation) in each State and Territory).

9. Jurisdiction

9.1
These Terms of Use are governed by the laws of Queensland, Australia.

10. Contact

10.1
If you have any queries regarding these Terms of Use, please contact us.