Terms & Conditions

  1. Terms and Conditions

    1. These Terms and Conditions apply to all users (User) of this website which has the domain address xxxxxxxx (Website). The Website is solely owned and operated by Poly (Australia) Real Estate Development Pty Limited (ACN 96603 324689) (Poly).

       

      Poly has the right to revise these Terms and Conditions from time to time without notice. Any amended revision will take effect immediately once it appears on the Website. A User is regarded to have accepted these Terms and Conditions, as amended and revised, by continuing use of the Website.

       

      There may be specific and additional Terms or Conditions that also apply to certain sections of the Website. Please review them whenever it is applicable. These specific and additional terms or conditions prevail over the provisions set out in these Terms and Conditions to the extent of any inconsistency.

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  2. Website Content

    1. Poly is either the owner or the licensed User of the material, content and information on the Website including, but not limited to any logo, design, floorplans, text, graphic and associated arrangements and any trademark, copyright material and any other intellectual property (Web Content). Without Poly’s written consent (or unless such act is expressly permitted by Poly or the owner of the copyright), the User must not:

       

      • copy, distribute, republish, download, display, post or transmit the Web Content in any form or by any means including but not limited to electronic or mechanical;
      • access and use the Web Content and the Website for any purposes other than the User’s own personal use; or
      • amend, modify, insert or delete any of the Web Content.

       

      The User acknowledges and agrees that if any contribution is made by the User to the Web Content, such contribution will become the property of Poly, and the User hereby assigns all right, title and interests in such contribution to Poly at no cost.

       

      The User further warrants that any contribution made by the User is either owned by the User, or the User has permission from the owner of such contribution to make the contribution to the Website. Such contribution must not infringe any third-party copyright.

       

      This Website may contain and make public any feedback data, questions, comments and suggestions, and such feedback data, questions, comments and suggestions remain free to be used, reproduced, exhibited, disclosed, displayed and transformed and distributed by Poly without limitation.

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  3. Trademarks

    1. Any trademarks displayed on the Website are the property of the relevant owner. The User must not use any trademark displayed on the Website without prior written consent from the owner of that trademark.

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  4. Links To Other Websites

    1. The User is not allowed to create a link to the Website from an external or third party website without prior written consent from Poly.
      Poly takes no control and therefore no responsibility for any content on a third-party website that provides a link to the Website. Poly assumes no duty of care to the User for accessing any linked third-party website through the Website. To extent permitted by law, the User indemnifies Poly against any cost, claim or loss suffered by the User arising out of the User’s reliance on the quality, accuracy, merchantability or fitness for purpose of the materials or products or services displayed on any linked third-party website.

       

      Any link to a third-party website contained on the Website is not a representation of a reproduction of the third-party material on the Website.

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  5. User's Responsibilities and Conduct

    1. Any risk arising out of the use the Website, including all Web Content, is vested in the User. By accessing the Website, the User is taken to have acknowledged and agreed to the following terms:

      • the User must comply with all applicable laws and regulations which may be relevant to the User or actions performed by the User on the Website;
      • Poly reserves the right to report any potential unlawful activities which may be performed by the User;
      • Poly has the right to terminate the User’s access to the Website if any fraudulent, abusive, or otherwise illegal activity is performed by the User;
      • the User cannot post or transmit or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any other User of the Website;
      • the User is solely responsible for safety and of any password which may be provided by Poly to enable the User to access certain sections of the Website; and
      • the User is taken to have exercised independent judgment and has not relied on any representations made by Poly on the Website unless expressly stated.

       

      The User must not:

      • attempt to obtain unauthorised access to the Website or any parts of the Website which are not available to public;
      • disrupt or interfere with any other User’s enjoyment to the Website or any linked websites;
      • reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect to the software underlying the infrastructure and processes associated with the Website;
      • use any automatic device or manual process to monitor, copy or extract any web pages or any Web Content on the Website in an unauthorised manner;
      • use the Website to violate the security of any computer network, crack passwords, or security encryption codes, transfer or store illegal and offensive material or engage in any kind of illegal activity;
      • cause an unreasonable or large load on the infrastructure of the Website; or
      • engage in any illegal activity through the use of the Website.

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  6. Software or Application

    1. This Website may provide links for the User to download a software or application that may be owned by a third party. Such links are not a representation to grant the User a licence to use the software or application. It is the User’s responsibility to obtain an adequate licence in regard to the use of such software or application. Poly does not accept any responsibility or liability in respect of the lawful use of such software or application by the User.

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  7. Warranties

    1. Poly makes no warranty or representation that:

       

      • the Website or the server the Website is operating from, is free from viruses or other corrupted materials or occasional outages or disruptions to service that may prevent the User from accessing the Website;
      • the Web Content is correct, accurate, reliable or otherwise;
      • the design or access of the Website is compatible with other hardware or software which the User may use simultaneously;
      • the functions on the Website or any linked websites are free from errors, defects or harmful components; and
      • any program used on the Website, whether created by Poly or supplied by a third party, is free from errors, defects or harmful components.

       

      These Terms and Conditions are not intended to exclude, restrict or modify the right that a User would otherwise have under the Competition and Consumer Act 2010 (Cth) or any other relevant legislation.

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  8. Disclaimer

    1. The Web Content and the Website are provided “as is” and “as available”. The Web Content provided on the Website was prepared by, and on behalf of Poly, on the basis of certain information provided by third parties and, to the extent permitted by law, Poly makes no warranty as to the accuracy of any information provided by any third party.

       

      To the extent permitted by law:

       

      • Poly and all its affiliates disclaims all liability in relation to any losses, damages, liabilities, claims and expenses whatsoever which may be suffered by the User, whether direct, indirect or consequential, arising out of or referable to the Web Content or the Website, or to the access of the Website by the User, howsoever caused, whether in contract or tort, including negligence, statute or otherwise;
      • Poly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
      • Poly will not be liable for any cost, loss and damage suffered by the User through the use of the Website or Poly’s failure to provide access to the Website or any third-party websites or any information updates.

       

      The User acknowledges and agrees that any general information, advertisements or marketing materials appearing on the Website do not:

       

      • constitute an offer or inducement to enter into a legally binding contract;
      • form part of the Terms and Conditions for Poly’s products and services;
      • indicate to provide the User with personal, financial, taxation or investment advice of any kind; and
      • take into account the User’s particular financial circumstances or specific requirements.

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  9. Continuing Performance

    1. All provisions of these Terms and Conditions will continue to operate after the termination or suspension of the Website.

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  10. Privacy

    1. Poly has provided a Privacy Policy in connection with these Terms and Conditions for the purpose of explaining how Poly treats any User’s personal information collected while the User is accessing and interacting with the Website. Please refer to the Privacy section on the Website.

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  11. Waivers

    1. Any failure or delay by Poly to exercise any right under these Terms and Conditions does not operate as a waiver, and the single or partial exercise of any right by Poly does not preclude any other or further exercise of that or any other right by Poly.

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  12. Severability

    1. Any provision of these Terms and Conditions invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms and Conditions, or the validity of that provision in any other jurisdiction.

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  13. Governing Law

    1. These Terms and Conditions are governed by and construed under the laws in the State of New South Wales, Australia.

       

      Any legal action in relation to these Terms and Conditions against any party or its property may be brought in any court of competent jurisdiction in the State of New South Wales, Australia.

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  14. General

    1. Unless otherwise stated, a reference to “$” or “dollars” anywhere on the Website is a reference to Australian currency.

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