Terms and Conditions

Your use of this website is governed by the terms and conditions that are set out below.

1. McPherson Media Group grants you a limited licence

McPherson Media Group Ltd ('we' or 'us') grants you a limited licence ("limited licence") in relation to the content of the website. This includes the text, registration facilities, hyperlinks, software and the underlying HTML or XML. You may display it on your computer, print it, download it, and use it but only for your own personal and non-commercial use in relation to the Services we provide on this website. You may be required to become a registered user of part of the website, in which case, the licence in relation to the content of that part of the website is granted subject to you becoming a registered user of that content.

2. Under 18

If you are under 18 years of age, you must not enter into any transaction facilitated by the website without the permission of your parent or guardian. We are not responsible in any way for any liability, loss, damage or expense you incur or suffer that arises because you enter into any transaction facilitated by the website when you are under 18 years of age.

3. Entire Agreement

The entire agreement between you and us is this document, together with any other Service Agreements which we may require you to enter into in relation to particular Services. To the extent of any inconsistency between this document and those Service Agreements, this document takes precedence, unless otherwise agreed in writing.

4. You must not alter etc in any way

You must not do anything which alters the website, or interferes with or affects its operation. This includes removing anything from it, adding anything to it, linking it to or from another website, and distributing any part of it to anyone else.

5. Links to website

You must first obtain our written consent if you wish to create a link to or from our website, or any part of our website.

6. You may post material to our website

While using the Services on this website you may be given the opportunity to post material. However, you must not:

  • a. post material that is obscene, threatening, defamatory or inappropriate;
  • b. post material that infringes the rights of a third party (including any intellectual property rights); or
  • c. cause us to infringe the rights of a third party (including any intellectual property rights) by publishing material that you post. We are not responsible in any way for any liability, loss, damage or expense you incur or suffer that arises because you post material that is obscene, threatening, defamatory or inappropriate, or that infringes the rights of a third party (including intellectual property rights).

7. We are entitled to remove posted material

We are entitled to remove from the website without notice any material you have posted to it that, in our opinion, is obscene, threatening, defamatory, inappropriate or infringes the rights of a third party (including intellectual property rights).

8. You grant us a licence

By posting material to the website, you grant us a licence to use any of it in accordance with our privacy policy (we need to put a hyperlink here to take the user to our Privacy Policy). The licence is non-exclusive, world wide, perpetual, irrevocable and royalty-free. We are entitled to sub-license use of any of the material.

9. Our privacy policy

Parts of our website may require you to provide us with personal information. You and other users may also be provided with the opportunity to post other personal information on the website. Our privacy policy restricts us in the use we can make of personal information. We may alter that policy at any time. However, we are not under any duty to do so. You must read the terms of our privacy policy (we need to put a hyperlink here to take the user to our Privacy Policy) before accepting or declining the terms and conditions set out in this document.

10. Things we don't promise

We do not promise you any of the following:

  • a. That you will have uninterrupted or error-free access to, and use of, the website.
  • b. That the website or any files available for downloading will be error-free or free from viruses, faults or defects.
  • c. That the content of the website (including the text, registration facilities, hyperlinks, and the underlying HTML or XML) is accurate, complete, or suitable for a particular purpose. You rely on your own judgment in relation to any matter concerning the accuracy, completeness or suitability of the content.

11. No affiliation etc

We are not affiliated with any person whose goods or services are linked to or from the website or any linked website. We do not sponsor, endorse or approve of any of those goods or services unless expressly indicated.

12. No agency

No agency partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us as a result of this document.

13. Exclusion of liability

To the maximum extent the law allows:

  • a. we exclude every warranty or condition of any kind that might otherwise apply in relation to the website, its content and its useability.
  • b. we are not liable, and each of our officers, employees and agents is not liable, for any liability, loss, damage or expense you incur or suffer that arises out of your use of (or reliance on) any of the content of the website or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.

14. Limitation of liability for implied warranties we can't exclude

In the case of an implied warranty that the law says we cannot exclude, our liability is limited, in cases where the law allows it, to any one or more of the following, at our option:

  • a. in the case of goods:
    • i. the replacement of the goods or the supply of equivalent goods.
    • ii. the repair of the goods.
    • iii. the payment of the cost of replacing the goods or of acquiring equivalent goods.
    • iv. the payment of the cost of having the goods repaired.
  • b. in the case of services:
    • i. the resupply of the services.
    • ii. the payment of the cost of having the services resupplied.

15. Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) ('Claim') suffered or incurred by us arising from, or which is directly or indirectly, related to:

  • a. your breach or non-observance of any term of this document;
  • b. any breach or inaccuracy in any of your representations or warranties provided to us; or
  • c. any action or claim brought by a third party which relates to any or all of the content that you or other users provide to this website. In relation to a Claim, we may require you to conduct the defence, including negotiations for settlement or compromise prior to the institution of legal proceedings or modify, alter or substitute any potentially infringing part of the content that you or other users provide to this website to render that content non-infringing. You must comply with any requirement we notify you about in writing in relation to your obligations under this clause.

16. General compliance with laws

You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of this website and Services.

17. Alteration to content

We are entitled to alter any of the content of this website at any time. However, we are not under any duty to do so.

18. Copyright

We own the copyright in the website and all of its content. We reserve our rights in it. Apart from uses permitted by the Copyright Act 1968 (Cth) or by this licence, no part of any material may be reproduced, modified or provided to the public, in any form and by any means, without our written permission. If you take a copy of anything on the website, you must attach a copyright notice specifying us as the copyright owner and a copy of this document.

19. Trade marks etc

We own our trademark and device. No permission is given for their reproduction or publication, except to the extent allowed by this limited licence.

20. Severability

If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.

21. Variation of conditions of use of website

We reserve the right to vary these conditions from time to time. If we amend these terms and conditions or our privacy policy we will notify you by posting the amendment on the website or by sending it to you by email. The amendment will be deemed to be effective 14 days after it has been communicated by us to you. Your continued use of this website after this time constitutes an agreement by you to abide by and be bound by this agreement as so amended.

22. Registration

When you register to use certain parts of this website or the Services you will be given a login ID and a password to access those parts or Services. If at any time you forget or misplace your login ID or password, please contact us at [Insert email address] and we will issue you with a new login ID and password. You must not disclose your login ID or password to any other person or use your password for any unauthorised purpose.

23. Termination

If you breach any of the terms of this document we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of this website or the Services. In any event, we may terminate your right to use any of this website or our Services at any time and for any reason without prior notice to you.

24. Waiver

The fact that we fail to do, or delay in doing, something we are entitled to do under this document, does not amount to a waiver of any obligation of, or breach of obligation by, you. A waiver by us is only effective if it is in writing. A written waiver by us is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach; or as an implied waiver of that obligation or breach in relation to any other occasion.

25. Time of receipt of e-mails

An e-mail is to be treated as having been received at the time it entered the information system of the addressee in an openable and readable form. Receipt may be proved by an electronic or paper record of that event.

26. Governing law

This document is governed by the law of the State of Victoria.

27. Definitions

For the purposes of this document:

"Services" include facilities provided on this website to users in relation to real property transactions including sales and purchases, leases and development, job advertisements and searches, classified advertisements, vehicle sales and purchases and photograph purchases.