TERMS
OF USE
The web site eco.com.au (“the Site”) is owned
and operated by OzEco Pty Ltd ACN 079 878 603, ECO Property Pty Ltd
ACN_100 648 468, ECO Real Estate Australia Pty Ltd ACN 077 616 623, Catriona Jane
MacDiarmid and Patty Kolln (“the Owners”).
Your use of the site
is conditional upon your agreement to, acceptance of and compliance
with the terms and conditions set out below (“terms and conditions”).
Your use of and/or access to the site constitute your agreement
with the terms and conditions. The
Owners reserve the right to amend the terms and conditions at any time. You should periodically review the terms and conditions for any
such amendments, which you will be deemed to have accepted by your continued
use of and/or access to the site.
In addition to the general terms and conditions
set out below, certain parts of the site may be subject to additional
specific terms and conditions of use.
Such specific terms and conditions form part of the general terms
and conditions and are set out below, as well as in the relevant part
of the site. You are also bound by these specific terms
and conditions, which you will be deemed to have accepted by your use
and/or access to the relevant part of the site.
COPYRIGHT
All
information, text, material, graphics, software and advertisements on
the site (“material”) are Copyright © 1997-2004 OzEco Pty Ltd, ECO Real
Estate(tm) Pty Ltd,
EcoProperty Pty Ltd and their associated companies, suppliers, and/or
licensors unless expressly indicated otherwise.
The materials are protected by Australian and international copyright
and trade mark laws.
You must not modify, copy, reproduce, republish,
frame, upload to a third party, post, transmit, distribute or in any
way deal with the material except as expressly provided on the site,
or expressly authorised in writing by the Owners.
Any permission given will be subject to the requirement that
the copyright owner's name and interest in the material be acknowledged
when the material is reproduced or quoted, in whole or in part and all,
or any related licenses authorised and paid for.
You
may, subject to specific restrictions set out in these terms and conditions,
download material from the site solely for your personal, non-commercial
use. You agree not to change
or delete any proprietary notices from any material downloaded from
the site.
privacy06 STATEMENT
This privacy06 Statement is made on behalf of the Owners.
This policy sets out how the Owners treat
personal information that is collected and received from users of the
Site, including information related to your use of the Site.
Personal information means any information
about you which is personally identifiable, such as your name, address,
email address, or telephone number, and that is not otherwise publicly
available.
When you visit the Site information such as the time, date,
duration and use of the Site is automatically collected. This information is used
for statistical purposes only and does not include information that
is personally identifiable.
When you submit information by using an electronic
form or by sending an email such information is used only for the purposes
for which you have specifically provided it.
In addition the Owners may use your information
to provide you with details of new services, information about existing
services, special offers or prizes that may be associated with some
of the products and services they offer.
If you do not want to receive this information, please let us
know by sending an email to
or by mail to PO Box 283 Daylesford Vic 3460.
The Owners will not use your personal information
for any other purpose and will not disclose such information without
your consent.
The Owners also take care to ensure that
any personal information provided to them is stored in a secure manner,
and take reasonable steps to protect it from misuse, loss, and unauthorised
access, modification and disclosure.
The
Owners do not buy, sell, trade or exchange information with any other
organisation, business or individual.
LINKS
Access to any site that may be reached via the hyperlinks
on the Site (“linked site”) is subject to any notices, including but
not limited to copyright notices, which may appear throughout the linked
site.
Accessing a linked site from this page does not
expressly or impliedly constitute any guarantee, undertaking or warranty
on the part of the Owners as to the accuracy, completeness, copyright
status or up‑to‑date nature of the information contained
on the linked site. The Owners will not be liable to the reader
or any third party for losses, costs, damages or other expenses incurred
as a result of such access and the use of any information contained
on a linked site.
The ability to access a linked site does
not:
(a)
constitute express or implied authority to infringe copyright
in any material contained on the linked site; and/or
(b) imply any connection,
sponsorship or affiliation between the linked site and this site or
the Owners.
DISCLAIMERS
The information contained on this site is presented in summary
from only and is not to be considered complete. The information contained on the site should
not be regarded as or used in the place of expert advice.
The Trade
Practices Act and other similar Australian State and Territory legislation
may provide you with certain rights and remedies in respect of goods
and services provided to you by the Owners on the site which cannot
be excluded, restricted or modified (“statutory rights”).
The Owners do not exclude any such statutory rights, but exclude
all other conditions and warranties specified or implied by custom,
law or statue.
To the extent permitted by law:
§
All information and materials on the site is provided “as
is” and without warranty of any kind, express or implied;
§
All implied warranties as to merchantability and fitness for
a particular use or purpose are excluded;
§
The Owners and their information providers make no warranty
as to the reliability, accuracy, timeliness, usefulness or completeness
of any information or materials on the site;
§
The Owners make no warranties in respect of human or machine
errors, omissions, delays, interruptions, or losses including but not
limited to loss of data; and
§
The Owners make no warranties that files and/or data available
for downloading from the site, or the server transmitting information
and materials to you, will be free of infection, viruses or other code
that manifest contaminating or destructive properties.
Further,
the Owners’ liability for the breach of any warranty or condition which
cannot by law be excluded shall, at the Owners’ option, be limited to
the following:
§
In the case of services supplied by the Owners:
§
the supply of the services again; or
§
the payment of the cost of having the services supplied again;
and
§
In the case of goods supplied by the Owners:
§
the replacement of the goods or the supply of equivalent goods;
§
the payment of the cost of replacing the goods or the supply
of equivalent goods; or
§
the payment of the cost of having the goods repaired.
Under no circumstances (including but not
limited to any act or omission on the part of the Owners, their servants
or agents) will the Owners or their associated companies be liable for
any indirect, incidental, special and/or consequential damages or loss
of profits whatsoever which result from any use of or access to, or
inability to use or access the site or any information and/or materials
contained on the site.
You acknowledge and agree that the Owners
have no control over users of the site, and is under no circumstances
liable for the behaviour, opinions or conduct of such users, including
but not limited to any information, materials or advice provided by
them, any defamatory or otherwise offensive statements.
LICENSING
EcoProperty™ is a trademark of Catriona Jane MacDiarmid.
The name EcoProperty™may only be used
under licence from the trademark owner. Such licence may be granted to licensed real estate agents, developers,
marketers, promoters, individuals, businesses, and/or community, government
and non government agencies and organisations, on terms and conditions
set down by the trademark owner from time to time.
If you are interested in obtaining a licence
to use the trademark, please contact:
Catriona Jane M MacDiarmid
PO Box 283
Daylesford Vic 3460
Email
Phone (03) 5348 1546
Fax 0409 528 693
Mobile 0409 528 692
ECO Real Estate™ is a trademark of Patricia
Ann Kolln.
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