CAUTION: BEFORE REGISTRATION YOU ARE STRONGLY ADVISED TO READ SITE USE CONDITIONS AND OUR PRIVACY POLICY AND SEEK LEGAL ADVICE WITH RESPECT THERETO. (https://donovanandco.com.au/)

SITE USE CONDITIONS
Site Use Conditions of https://donovanandco.com.au/

1. Our Site

This is Our Site and is owned by Us. We offer on this Site an offer to all to browse this Site and to see and consider what Services that We are offering.

1.1 Acceptance

Your use of this Site and the Services provided on this Site constitutes acceptance by You of these Site Use Conditions and Our Privacy Policy and You agree to comply with all applicable laws, statutes and regulations concerning Your use of this Site and the Services We provide.

1.2 Amendment
We may amend these Site Use Conditions from time to time. Amendments will be effective

when notified on this Site.

1.3 Defined Terms

In these Site Use Conditions, unless the context requires otherwise:

“ACL” means the Australian Consumer Law;

“Affiliates” means subsidiaries of and associates of Us;

“Jurisdiction” means the State of Queensland;

“Privacy Policy” means Our privacy policy as displayed on this Site and as varied from time to time by Us in Our absolute discretion (https://donovanandco.com.au)

“Services” means the services provided by Us on this Site including but not limited to the introduction by Us to You of real estate properties for purchase, rental and sale;

“Site” means “https://donovanandco.com.au/” and such other locations where it may be hosted or featured where the entire Site or elements of the Site are hosted or featured by Our Affiliates or business associates;

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“Site Use Conditions” means these conditions of use of the Site binding Us and You and as amended by Us from time to time as displayed on the Site;

“User” means any person who browses or otherwise uses this Site;
“We” or “Us” or “Our” means Donovan & Co Property Specialists of PO Box 116, Burleigh Town QLD 4220.

“Working Day” means any day of the week other than Saturday, Sunday or a public holiday in the Jurisdiction;

“You” refers to You as a User or a purchaser (including Your executors and administrators) of a Product or other Users or purchasers of a Product on this Site and “Your” has a corresponding meaning.

Words not specifically defined in these Site Use Conditions will have the meaning one would normally attribute to them such as the name of a country, state or territory, as referred to in these Site Use Conditions.

Where You comprise more than one person or corporation these Site Use Conditions shall bind each such person or corporation severally and any two (2) or more of such persons or corporations jointly.

You are taken to be a principal unless, before purchasing, You have given to Us a copy of a written authority from a third party principal to purchase for or on behalf of that third party principal.

A reference to a gender in these Site Use Conditions will be deemed to be a reference to all genders.

1.4 Construction

In the interpretation of these Site Use Conditions, unless the context otherwise requires:

1. 1.4.1  any reference to a person shall include reference to a body corporate and to an unincorporated body of persons;
2. 1.4.2  anything required by these Site Use Conditions to be done on a day which is not a Working Day shall be done and be valid if done on the next succeeding Working Day;
3. 1.4.3  condition headings will be disregarded;
4. 1.4.4  words importing the singular shall include the plural and vice versa;
5. 1.4.5  words importing one gender shall include the other genders;
6. 1.4.6  any word, terms or expression not specifically defined in these Site Use Conditions will have the meaning attributed to them in the Product Sale Conditions.

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2. Eligibility

1. 2.1  You must be a minimum age of 18 to register and offer to sell or buy any Product. Furthermore You must be able to enter into legally binding contracts. By registering You warrant that You are 18 or older, have the capacity to enter into contracts, and understand Your obligations under these Site Use Conditions.
2. 2.2  You will not be eligible to use this Site if You have previously been banned from using it and a ban is currently still in place, or where You have been suspended and a suspension is still in place.

3. General

1. 3.1  You can browse this Site at any time.
2. 3.2  You warrant and undertake to Us that all the information supplied to Us is true and accurate, not misleading and relates to You.
3. 3.3  We reserve the right in Our sole discretion to refuse access to the Services.
4. 3.4  the Services provided are introductory and of a general educational nature and You should seek advice from your accounting, financial, legal and other professional advisers before relying upon any of the content of, or, information or advice disseminated by Us;
5. 3.5  We cannot guarantee that You will achieve business, financial, professional or any other form of benefit, success or wealth from the provision of the Services or any matter or thing flowing therefrom and, We do not guarantee, imply, represent or warrant that You will.

4. Specific User Rules

1. 4.1  Personal Information
   1. 4.1.1  You are solely responsible for keeping Your personal information secure and confidential.
   2. 4.1.2  You are responsible for use of the Services when access to the Services is obtained by You whether authorised or unauthorised.
   3. 4.1.3  You agree not to impersonate any other person or entity or use any false name in using the Services.
2. 4.2  Prohibitions
   You agree that You will not:
   1. 4.2.1  fail to pay for any of the Services provided by Us to You pursuant to any agreement reached between Us and You following access to the Site and the use of the Services;
   2. 4.2.2  act other than in good faith

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3. 4.2.3  abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another User or person;
4. 4.2.4  encourage illegal activity or activity that violates the rights of other Users or persons;
5. 4.2.5  supply or post content or advertisements calculated to deliberately mislead other Users or persons, including content falsely made to appear from or be endorsed by Us;
6. 4.2.6  to pose as another User, person or employee of Us for the purposes of obtaining User or third party information;
7. 4.2.7  to transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment;
8. 4.2.8  attempt to gain access to Our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the Services provided by or relied upon by Us and other Users;
9. 4.2.9  reframe or repurpose this Site or any content on it or remove or obscure any notices or advertising provided by Us on this Site;
10. 4.2.10  send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites Users and others to participate in wasting their time and/or money;
11. 4.2.11  use any robot, spider, scraper or other technical means to access this Site or content on this Site.

4.3 Liquidated Damages

If You breach these Site Use Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to Users Your actions will cause harm to Us and to this Site. Such harm is difficult to quantify and as such You agree to pay Us the sum of $100 (+GST) for each and every individual email or other communication sent to a User or third party.

4.4 Breach of Rules

The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any User who in Our sole judgment is in breach of these Site Use Conditions or the spirit thereof.

4.5 Suspension and Termination

4.5.1 It is Our sole decision whether to suspend or terminate any User. In the case of suspension, it is also Our sole decision as to when (or if) a suspended User will be reactivated.

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4.5.2 Various conditions within these Site Use Conditions by their nature are designed to survive and continue after suspension or termination such conditions shall continue and survive after the suspension or termination of a User and profile.

4.6 Access

We shall take all reasonable steps to ensure that this Site is available and functioning fully at all times and You must do likewise with Your provider. However, in the event this Site is unavailable or functioning incorrectly either wholly or partly We shall offer (where possible) the opportunity of repeat performance of the service We should have offered to You in the first place. No refunds will be payable in any circumstance.

4.7 Disclaimer

1. 4.7.1  Transactions and all other contact between You and other Users are conducted entirely at Your own risk. You agree that We take no responsibility or liability for any misconduct of any Users including, without limitation, Users that have registered under false pretenses or who attempt to defraud You. We give no undertakings, representations, or warranties in relation to the Services provided on this Site and without limiting the forgoing, including:
   1. 4.7.1.1  about fitness for purpose of the Services;
   2. 4.7.1.2  about defects or imperfections in the Services;
   3. 4.7.1.3  that any Services, will meet Your requirements or expectations;
   4. 4.7.1.4  the accuracy of any advertisements or listings;
   5. 4.7.1.5  the ability of Us to promote any of the Services.
2. 4.7.2  You expressly understand and agree that:
   1. 4.7.2.1  Sole Risk: Your use of the Services is at Your sole risk. This Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting Condition 4.7.1, We disclaim and exclude all implied conditions or warranties, statutory or otherwise, including, but not limited to, any warranties of merchantability and fitness for a particular purpose to the maximum extent permitted by law.
   2. 4.7.2.2  Accuracy: We are not responsible for the accuracy of any content on this Site, any third party comment or content on this Site, nor any advertisements placed on this Site.
   3. 4.7.2.3  Links: We are not responsible for any links to third party websites from this Site and the inclusion of any link does not imply an endorsement of a third party website by Us.

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4.7.2.4 Indemnity: You agree to release, indemnify and keep indemnified Us and Our respective officers and employees from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, fines, fees or demands suffered or incurred by Us to any person arising out of or in connection with Your failure to comply with these Site Use Conditions, Your failure to complete a transaction, Your use of Our message boards, Your use of the Services, or arising out of any content You submit, post, transmit, or make available through the Services.

4.8 Disputes

In the case of any dispute, We and You will use our best endeavours to resolve the dispute as soon as practical and if the dispute cannot be resolved, We or You can rely on the dispute resolutions of the ACL.

4.9 Privacy
Use of this Site is also governed by Our Privacy Policy, which is incorporated into these Site

Use Conditions by this reference.

5. Conditions and Warranties

5.1 Other than for any express conditions, warranties or representations included herein, or as may be implied in the legislation of the Jurisdiction and any applicable federal legislation (including the ACL) and which may be excluded by agreement:

1. 5.1.1  all conditions, warranties and representations in respect of a Service are hereby excluded;
2. 5.1.2  no condition, warranty or representation is given or implied or may be inferred from any affirmation made at or before the use of any of the Services
3. 5.1.3  You acknowledge that, in making any purchase, You are relying solely on Your own enquiries and inspection, and that You have not relied or been induced by any statement or representation made by Us or by any person purporting to act on Our behalf; and
4. 5.1.4  We are not responsible for any third party information appearing on this Site.

6. Use of Information for Publicity and Disclosure of Information

1. 6.1  You accept, acknowledge and agree that We may use Your face, visage or testimonials to promote Our business and interests (and Our associated entities) for nil consideration.
2. 6.2  You accept, acknowledge and agree that We collect information that is personal to You which must be provided to the relevant authorities, such as, and, in some cases, legal enforcement and government bodies and agencies and third parties

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that might have an interest, direct or otherwise, in You or a Product. You (without releasing Us, and Our associated entities, from Our other obligations of confidence and privacy), irrevocably authorise Us and Our associated entities to release personal information relating to You as anticipated by this Condition 7.

7. Severability

The foregoing paragraphs, sub-paragraphs and conditions of these Site Use Conditions shall be read and construed independently of each other. Should any part of these Site Use Conditions or its paragraphs, sub-paragraphs or conditions be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and conditions.

8. Waiver

Failure by Us to enforce any accrued rights under these Site Use Conditions is not to be taken as or deemed to be a waiver of those rights unless We acknowledge the waiver in writing.

9. Entire Site Use Conditions

These Site Use Conditions set out the entire agreement and understanding between You and Us, subject to any specific terms and conditions applicable to any Product that are displayed on this Site or in respect of which You otherwise have notice.

10. Force Majeure

Without prejudice to Condition 4.6, We have no liability for any lack of performance, unavailability or failure of the Services or this Site, or for any failure of Us to comply with these Site Use Conditions where the same arises from any cause reasonably beyond Our control.

11. Governing Law

You will not institute court proceedings (including without limitation proceedings for interlocutory relief) in relation to any dispute arising out of or relating to this agreement in any court other than a court in the Jurisdiction. You unequivocally submit to the jurisdiction of the courts of the Jurisdiction.

BY TICKING THIS BOX You acknowledge that You have read and agree to comply with the terms and conditions of these Site Use Conditions

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CAUTION: BEFORE REGISTRATION YOU ARE STRONGLY ADVISED TO READ SITE USE CONDITIONS, PRODUCT SALE CONDITIONS AND OUR PRIVACY POLICY AND SEEK LEGAL ADVICE WITH RESPECT THERETO. [https://donovanandco.com.au/)]

PRODUCT SALE CONDITIONS

1. 3.1.1  all conditions, warranties and representations in respect of a Product are hereby excluded;
2. 3.1.2  no condition, warranty or representation is given or implied or may be inferred from any affirmation made at or before the sale and purchase of any Product;
3. 3.1.3  You acknowledge that, in making any purchase, You are relying solely on Your own enquiries and inspection, and that You have not relied or been induced by any statement or representation made by Us or by any person purporting to act on Our behalf; and

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3.1.4 We are not responsible for any third party information appearing on this Site or appearing, made, marketed or presented at any Event or relative to any Product.

1. 4.1.1  about fitness for purpose of any Product;
2. 4.1.2  about defects or imperfections of any Product;
3. 4.1.3  that any Product, will meet Your requirements or expectations;
4. 4.1.4  the accuracy of any advertisements or listings;
5. 4.1.5  the ability of Us to sell any Product.

4.2 You expressly understand and agree that:

1. 4.2.1  Sole Risk: Your use of the Services is at Your sole risk. This Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting Condition 4.1, We disclaim and exclude all implied conditions or warranties, statutory or otherwise, including, but not limited to, any warranties of merchantability and fitness for a particular purpose to the maximum extent permitted by law;
2. 4.2.2  Accuracy: We are not responsible for the accuracy of any content on this Site, any third party comment or content on this Site, nor any advertisements placed on this Site;
3. 4.2.3  Links: We are not responsible for any links to third party websites from this Site and the inclusion of any link does not imply an endorsement of a third party website by Us;
4. 4.2.4  Indemnity: You agree to release, indemnify and keep indemnified Us and Our respective officers and employees from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, fines, fees or demands suffered or incurred by Us to any person arising out of or in connection with Your failure to comply with these Site Use Conditions, Your failure to complete a transaction, Your use of Our message boards, Your purchase or attempted purchase of a Product, or arising out of any content You submit, post, transmit, or make available through the Services.

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1. 5.3.1  You are capable of entering into a legally binding contract with Us;
2. 5.3.2  You are authorised and able to make payment via the method You have chosen;
3. 5.3.3  the payment information You have provided is correct;
4. 5.3.4  Your purchase is not made for the purpose of commercial resale; and

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2. 9.2  To the extent that section 102 of the ACL may be applicable, We advise that the ACL provides the following prescribed wording is to be included in these Site Use Conditions:“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”.
3. 9.3  The ACL guarantees apply as to acceptable quality and fitness for purpose. We are not required to provide you with a refund if you simply change your mind.
4. 9.4  Except as is required by the ACL, the Product Purchase Price will be non-refundable except in exceptional circumstances. If You purchase a Product and You request, in writing to the address stated at Clause 9.7, the right to terminate Your agreement with Us and seek a refund of all or part of the Product Purchase Price, We shall refund all or part of the Product Purchase Price, having regard to the particular circumstances You present in writing in support of Your request and provided You provide Us with all information We reasonably require to properly and reasonably assess Your request. You will provide Us with all third party information and documentation We request to properly and reasonably assess Your request. If You do not provide the information requested by Us within fourteen (14) days, You irrevocably appoint Us Your attorney to request all information and documents within Your possession or control and approach third parties to access and assess such information or documents they might have in their possession or control, at Your cost, to enable Us to properly and reasonably authenticate and justify Your request. We will not be obliged to make any refund until the above-mentioned process has been completed.

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BY TICKING THIS BOX You acknowledge that You have read and agree to comply with the terms and conditions of these Product Sale Conditions.

BY TICKING THIS BOX You acknowledge that You have read and agree to comply with the terms and conditions of these Site Use Conditions, Product Sale Conditions and Our Privacy Policy.

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