Access Agreement

Terms and Conditions

A. Terms of Access to the Website

  1. Welcome to The Commercial Property Secrets Website (referred to in this Access Agreement as the “Website”) which is owned and operated by Communique Publishing Pty Ltd ACN: 077 166 494 (“the Owner”) on the World Wide Web (“WWW”). As you will appreciate, we can only make the information available to you on the Website – including but not limited to the Software,Training Courses, Tools, Strategies and e-Books (collectively “the Material”) – subject to the usual disclaimer below.
  2. Any reference to the Website includes a reference to the Material.
  3. The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to the terms and conditions set out in this Access Agreement.

B. Disclaimer

  1. When adopting, implementing or inputting the Material, you must make the appropriate and correct interpretations and assumptions; and if your interpretations or of of assumptions are wrong, the resultant outcomes or answers may also be incorrect or inappropriate.
  2. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to in the Material or on the Website.
  3. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you acting, or failing to act, on any information contained on or referred to in the Material or on the Website.

C. Permitted use

Subject to the restrictions on use of the Material on the Website set out in this Access Agreement, you may download Material from the Website to enable you to use the Material for your convenience only for your independent consideration of property investment opportunities.

Restrictions on use

  1. Except for the permitted use set out in clause C you may not use the Website, or the Material, for any purpose including:

    • the reproduction of the Material in any material form;
    • the distribution of the Material in any material form;
    • re-transmission of the Material by any medium of communication;
    • uploading and/or reposting the Material to any other site on the WWW;
    • “framing” the Material on the Website with other Material on any other WWW site.
      The above are unlawful in any jurisdiction and are specifically prohibited by this Access Agreement.

  2. You may not modify or copy:

    • the layout of the Website; and
    • any computer software and code contained in the Website.

  3. The Owner reserves all intellectual property rights, including, but not limited to, copyright in the Material and/or services provided by it. The Material provided on the Website is provided for the use set out in clause C only and may not be:

    • re-sold and/or re-distributed in any material form;
    • stored in any storage media; and/or
    • re-transmitted in any media,
      without the prior written consent of the Owner.

D. Use at your own Risk

  1. You acknowledge that the Material is made available to you for your convenience only.
  2. You acknowledge that you are not entitled to rely on the Material on the Website, but must rely entirely upon your own independent assessment, investigation and advice.

  3. The Owner does not warrant guarantee or make any representation that:

    • the Website, or the server that makes the site available on the WWW are free of software viruses;
    • the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or
    • errors and defects in the Website will be corrected.
  4. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

E. Indemnity

  1. You will at all times indemnify and keep indemnified the Owner and its respective associated entities, partners, officers, employees and agents (in this clause A.1 referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Access Agreement by you, and publication of or distribution of the Material and/or information supplied on the Website.

  2. The Owner is not liable to you for:

    • errors or omissions in the Website;
    • delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
    • defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

F. Limitation of Liability

  1. The provisions of the disclaimer set out in clause B above, severally, in combination or jointly, may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law.
  2. To the full extent permitted by law the Owner 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 the Website.
  3. Where any law implies a warranty or condition into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following.

  4. If the breach of an implied warranty or condition relates to services:

    • the supply of the services again; or
    • the payment of the cost of having the services supplied again.

  5. If the breach of an implied warranty or condition relates to goods:

    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods;
    • the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

G. Use of your Personal Information gathered

  1. The Owner and/or people authorised by it may gather and process the information:

    • which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
    • regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

H. Termination of Access

  1. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

I. Alteration of Terms of Access

  1. The Owner reserves the right to change this Access Agreement:

    • with or without further notice to you; and
    • without giving you any explanation or justification for such change.

J. General

  1. If any part of this Access Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Access Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
  2. This Access Agreement will be governed by and interpreted in accordance with the law of Victoria, without giving effect to any principles of conflicts of laws.
  3. You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of this Access Agreement.