WEBSITE TERMS & PRIVACY AGREEMENT

 

Introduction

 

Welcome to the Robert William Consultancy (“R.W.C..”) Website reachable at www.rwconsultancy.com.au (the “Website”). The Website is owned and operated by Robert Williams ABN 24 311 338 121, “Auction Broker & Valuation Services”, “we”, “us” or “our”). 

 

Material on this Website

 

This Robert Williams Consultancy (R.W.C.) Terms & Conditions of Use Agreement (this “agreement”) is a legal agreement between you and R.W.C. providing the terms and conditions for your use of our Website and the services (the “Service”) we offer on the website. R.W.C. offers a range of services (the “Service”) including but not limited to “Valuations”, “Auction Brokering” and “Valuations” and “Other Services”. Please read these terms and conditions of use carefully.

 

We may from time to time modify these Terms & Conditions of Use and will post a copy of the amended agreement at www.rwconsultancy.com.au/terms-privacy. If you do not agree to, or cannot comply with, the agreement as amended, you should not use the Website and Services. You will be deemed to have accepted the agreement as amended if you continue to use the Website after any amendments are posted on the Website. We reserve the right to refuse to provide our products and services to anyone at any time.

 

This agreement contains warranty and liability disclaimers. By using this Website, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this agreement, you are not authorised to use the Website. You may be denied access to the Website, with or without prior notice to you if you do not comply with any provision of this agreement.

If you do not agree to, or cannot comply with, any of the terms and conditions of this agreement, please do not attempt to access this Website.

 

Use of this Website

 

In order to use the Website and Services, you must be at least 18 years of age. By using the website and our services, you represent that:

 

  • you have read and understood, and that you agree to be bound by, this agreement; and

  • you are at least 18 years old.

 

R.W.C. grants to you a limited, non-exclusive, non-transferable license to access and use the Website and Services in accordance with the terms and conditions set forth in this agreement. 

 

R.W.C. reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Website and Services not specifically permitted under this agreement is strictly prohibited.

 

The Website is owned by R.W.C. and is protected by copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.

 

While using the Website you agree that you will not: use the Website to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without R.W.C.’s express written permission; copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Website; or use our Website in any way that violates the terms of this agreement, infringe any laws or any third-party rights; use the Website or seek to register an account if you are unable to form legally binding contracts or are under the age of 18;

post, distribute, upload, publish or disseminate any defamatory or offensive content; post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes; distribute viruses or other technologies that may harm R.W.C. or the interests or property of Vendors;

harvest or otherwise collect information about Vendors, including email addresses, without their consent; use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website; or defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of R.W.C. staff.

 

Failure to comply with any policy R.W.C. has published on the Website or made known to you by other means. These policies may change from time to time and it is your responsibility to remain familiar with the most current versions; You warrant that all information and material that you post, distribute, upload, publish or disseminate on the Website (including information or material provided when you use our services) or about the Website (including on social media) is accurate, true, complete and not misleading (including misleading by omission). We will rely on the truth, accuracy and completeness of such information and material and may suffer loss and damage in the event it is inaccurate, false, incomplete or misleading.

If we are informed that any of the content of our Website is in contravention of any laws, we reserve the right to remove that content

 

Copyrights and Intellectual Property

As between you and R.W.C., you acknowledge that R.W.C. owns or has a license to all title and copyrights in and to the content provided on this Website. All title and intellectual property rights in and to any licensed content provided on this Website is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. The Website may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the R.W.C. trademarks or the trademarks of any third party, service marks, graphics, or logos.

 

Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.

 

Limitation of liability

 

To the maximum extent permitted by law, R.W.C. excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or any use of this Website (Services). Where any law implies a warranty into these terms of use which cannot lawfully be excluded, we limit our liability, at our option, to supply the Services again or paying the cost of having the Services supplied again.

 

Applicable law

 

These terms are governed by the laws of New South Wales, Australia.

 

Privacy Policy

Unless otherwise addressed in this agreement, your use of this Website is subject to R.W.C.’s privacy policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of R.W.C.’s privacy policy. R.W.C. may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this Website.

 

Submissions or Other Information

If you submit to us or post on the Website any property listing, goods for sale, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any submission submitted or sent to us. By submitting or sending a submission to us, you: represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarise, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

 

Term

This agreement will remain effective until terminated by us.

 

Disclaimers

The Website (including all of its content) is provided to you “as is.” Any use of this Website is at your own risk. To the maximum extent permitted by applicable law, R.W.C. disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. R.W.C. makes no representations, warranties or guarantees that this Website will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and R.W.C. disclaims any liability relating thereto.

 

R.W.C. makes no representations, warranties or guarantees that use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, R.W.C. may modify, suspend, or discontinue any aspect or feature of this Website or your use of this Website. If R.W.C. elects to modify, suspend, or discontinue the Website, it will not be liable to you or any third party.

 

All property and goods valuation and listing information contained within this Website is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions, valuations, assessments or estimates contained within this Website are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this Website and any contemplated transaction concerning any property listed on this Website.

You acknowledge that your submission of any information to us is at your own risk. R.W.C. does not assume any liability to you with regard to any loss or liability relating to such information in any way.

 

Some of the content, products, goods and services available through the R.W.C. Website may include items and materials that belong to third parties. You acknowledge that R.W.C. assumes no responsibility for such content, products or services.

 

Limitation of Liability

 

In no event will R.W.C. be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if R.W.C. has been advised of the possibility of such damages. No oral or written information or advice given by R.W.C. or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

 

Indemnity

 

You will indemnify and hold R.W.C., its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (a) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (b) your use or misuse of the Website.

 

Governing Law

You will indemnify and hold R.W.C., its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (a) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (b) your use or misuse of the Website.

 

General

R.W.C. complies with all applicable laws, including, but not limited too, privacy laws and individual state laws with respect to the sale of goods. You agree that you will comply with all such laws applicable to you.

 

R.W.C. or its business partners may present advertisements or promotional materials on or through the Website. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that R.W.C. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on the Website.

 

R.W.C. may send notices to you with respect to your use of the Website by sending an email message to the email address listed in your account information, by sending a letter via mail to the contact address listed in your account information, or by a posting a note on the Website when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

 

For questions regarding this Website or your use of this Website, please email us at robert@rwconsultancy.com.au, or call +61 (0)422 899 412.

By using our Website and Services, you acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

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