Disclaimer
Avara Property Group Terms of Use except as otherwise provided in a written agreement
signed by Avara Property Group, these Terms of Use represent the entire understanding
between you and Avara Property Group regarding your use of www.avaraproperty.com.au
and www.edgewaterlakekawana.com.au (the “Sites”) and your submission
of any materials to us. By accessing these Sites, you signify your acceptance of
these Terms of Use and your acceptance of the Privacy Policy, Avara Property Group
reserves the right, at any time, to modify, alter, update, or remove portions of
these Terms of Use or the Privacy Policy, so please check them from time to time
as your continued use of the Sites signifies you acceptance of any changed terms.
If you are dissatisfied with the Terms of Use or the Privacy Policy, your sole and
exclusive remedy is to discontinue your use of the Sites.
Avara Property Group provides the Sites and their services on an “as-is”
basis. Avara Property Group makes no representations or warranties of any kind,
express or implied, including without limitation those related to: (1) the operation
of the sites; (2) the information, content, materials, or services included or described
therein; and (3) any application or information submitted to is through the sites.
To the fullest extent permitted by applicable law, Avara Property Group disclaims
all warranties, express or implied (including but not limited to implied warranties
of the merchantability and fitness for a particular purpose), regarding the Sites,
including without limitation warranties related to the operation of the Sites, the
information, content, materials, and services described therein, and any information
or applications submitted through the sites. Without limiting the foregoing, Avara
Property Group does not warrant that the sites or any of their functions will be
uninterrupted or error-free, what defects will be corrected, or that the sites are
free of viruses or other harmful components. Avara Property Group does not warrant
or make any representations regarding the use of materials on the sites or the services
described therein.
Limitation of Liability
In no event shall Avara Property Group be liable for any indirect, special, incidental,
or consequential damages, including without limitation lost profits, loss of use,
business interruption, or loss of data, arising out of or relating to the sites,
the operation of the sites, any application or information submitted to us through
the sites, and/or the services described therein, even if Avara Property Group is
expressly advised of the possibility of such damages. Avara Property Group liability
to you or any third party in any circumstance is limited to a maximum of $100.
Links
The Sites may contain links to other Web sites on the Internet that are owned and
operated by someone other than Avara Property Group. Avara Property Group provides
these links solely as a convenience. The appearance of a link does not imply Avara
Property Group endorsement, nor is Avara Property Group responsible for the content
of any linked sites. You access linked sites at your own risk.
Compliance with Laws
You agree to comply with all the applicable laws, statutes, ordinances, and regulations
regarding your use of the Sites and your use of the services described therein.
General Proprietary
Rights The Sites are owned by Avara Property Group and contains material that is
derived in whole or in part from Avara Property Group and other sources. The Sites
and their contents are protected by international copyright, trademark and other
intellectual property laws. You may not modify, copy, reproduce, republish, upload,
post, transmit or distribute in any way any material from the Sites, including without
limitation code or software, without Avara Property Group express written permission.
Copyright
All Sites design, text, code, graphics, and interfaces, and the selection and arrangements
thereof, on the Sites are the property of Avara Property Group, or their content
suppliers, and are protected by Australian and other international copyright laws,
© 2009 Avara Property Group ALL RIGHTS RESERVED. Prior permission to use, reproduce,
or reprint any photograph, illustration, artwork, or other material on the Sites
must be obtained by the copyright owner, regardless of the intended use. Any unauthorised
use of the materials appearing on the Sites is in violation of copyright, trademark
and other applicable laws and could result in criminal or civil penalties.
Trademarks
The Avara Property Group, Regatta Lake Kawana and Edgewater Lake Kawana Logo's are
trademarks of Avara Property Group. They may not be used in connection with any
products or services other than those products or services offered by Avara Property
Group, in any manner that is likely to cause confusion, or in any manner that disparages
or discredits Avara Property Group. All other Trademarks are the property of their
respective owners.
Applicable Law
Avara Property Group operates the Sites from the Sunshine Coast, Australia. The
laws applicable to the interpretation of the Terms of Use shall be the laws of Australia
without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these
Terms of Use, the Sites, and/or the services described therein shall be filed exclusively
in the courts of Brisbane, Australia and you hereby consent and submit to the exclusive
jurisdiction and venue of such courts. No action arising under or relating to these
Terms of use may be brought by either party more than one year after the cause of
action has accrued.
Termination
These Terms of Use shall remain in force until terminated by Avara Property Group.
Avara Property Group may terminate the Terms of Use, or suspend your access to all
or part of the Sites, without notice, for any conduct that Avara Property Group,
in its sole discretion, believes is disruptive or is in violation of any applicable
law or these Terms of Use. In the event of any such termination, the provisions
regarding disclaimers, limitations of liabilities, intellectual property rights,
choice of law, and venue set forth in these Terms of Use shall survive.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining provisions.
Whilst all care has been taken to ensure accuracy in the preparation of the content
on these websites, no warranty can be given and interested parties must therefore
rely on their own enquiries.
