References to “we”, “us”, “our”, “Pellicano” and “Pellicano Group” refer to Pellicano Pty Ltd, Pellicano Funds Management Pty Ltd, Pellicano Builders Pty Ltd and any other entities related to or controlled by any of those entities.
Access
The website on which this document appears (Website) is owned and operated by the Pellicano Group. Your access to this Website is conditional upon your acceptance of and compliance with the terms and conditions contained in this document (Terms of Use). Your accessing of this Website constitutes your agreement to the Terms of Use.
Pellicano reserves the right to amend the Terms of Use from time to time. Amendments will be effective immediately upon publication on this Website. Your continued use of this Website following such publication will constitute your agreement to the Terms of Use as amended.
Restrictions
You must not:
- Use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- Use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- Use the Website to send unsolicited email messages;
- In any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website;
- Use the Website in any manner which is prohibited by the Terms of Use, use the Website for any unlawful purpose, or in any manner, which violates any right of Pellicano (or an associated entity), another user of the Website, or any other third party; and
- Attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Intellectual property
All intellectual property rights in this Website, including the design, text, graphics, logos, icons, images, the selection and arrangement thereof, sound recordings and all software relating to this Website, are owned by or are licensed to Pellicano. These intellectual property rights are protected by Australian and international laws.
Other than for the purposes of printing one hard copy of the material on this Website for non-commercial use, research, criticism or review, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, publish, post, frame within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without Pellicano’s prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Links to or from other websites
This Website contains links to other websites. Pellicano makes no representation or warranty as to the accuracy or any other aspect of the information on those linked sites. No link to another site should be construed as an endorsement or recommendation of any information, goods or services referred to.
No advice
You acknowledge and agree that information published by Pellicano is intended to provide general information only which may or may not be applicable to your particular circumstances. The information on this Website is not, and is not intended to be, advice. You agree to access the information at your own risk and Pellicano is not liable to you for the content of the information or any reliance by you on that information.
In no event will Pellicano be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.
It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this Website, and to seek professional advice where necessary.
Image Disclaimer
The images on this website, including (without limitation) all depicted designs, colours, decorations, fittings, fixtures, finishes, dimensions, internal layouts and external landscaping, are indicative only and are subject to change at any time without notice and to the extent permitted by law, are provided “as is” without representation or warranty of any kind as to the accuracy, completeness or suitability for a particular purpose. You must not rely on these images for any reason.
General Disclaimer
This website has been compiled by Pellicano on the basis of current information. The information on this Website is liable to change and we do not warrant or guarantee the accuracy, adequacy or completeness of the information on this Website.
To the maximum extent permitted by law, Pellicano disclaims all liability for any delays, errors or omissions contained in this information or any failure to update or correct this information.
Pellicano does not warrant the availability, functionality or performance of the website, the electronic transmission, receipt authentication, lodgement or any other dealing whatsoever with electronic documents or mail or any other data, or the use of automatic language translation devices in connection with this Website.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Pellicano does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
We cannot screen all content provided on the Website and the information provided on any open discussion site, blog, social media tool or forum available through this Website. We do not assume any responsibility for the content of any open discussion site, blog, social media tool or forum available through this Website. We will not be responsible for any offensive language or otherwise objectionable content contained in this Website or on any open discussion site, blog, social media tool or forum available through this Website.
To the extent permitted by law, Pellicano excludes all implied conditions and warranties with respect to this Website, and its content, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void.
Pellicano does not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website.
To the extent permitted by law, Pellicano excludes all liability of Pellicano, its partners, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information this Website or provided through this Website through email. This exclusion of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of, or damage to property, and third party claims.
You agree to indemnify Pellicano, its directors, employees, shareholders, agents and other persons involved in the creation of this Website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use or misuse of this Website, any information that you provide to Pellicano via this Website, any damage that you may cause to this Website or any breach of these Terms of Use. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law.
Privacy
By agreeing to these Terms of Use and using the Website, You also agree to the terms set out in the Pellicano Privacy Policy (http://pellicanoweb.wpengine.com/privacy).
Information transmitted to Pellicano
Pellicano does not warrant and cannot ensure the security of any information which you transmit to this Website. Any information which you transmit to this Website is transmitted at your own risk. Pellicano will take reasonable steps to preserve the security of any information which you transmit to Pellicano.
Any unsolicited ideas that you submit to Pellicano will not be regarded as confidential, and will become Pellicano’s property. Pellicano may reproduce, disclose, broadcast, transmit to the public or otherwise use those ideas, without any obligation to compensate you.
Access
Pellicano may suspend, terminate or limit your access to the Website at any time and without notice to you. All restrictions imposed on you, disclaimers and limitations of liability set out in these Terms of Use will survive termination.
If Pellicano does not act in relation to a breach of the Terms of Use by you, this does not waive Pellicano’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
Miscellaneous
These Terms of Use are governed by and construed in accordance with the laws of Queensland and you agree to submit to the jurisdiction of the courts of Queensland in relation to any dispute regarding these Terms of Use.
If any of the Terms of Use are found to be unenforceable under Queensland law, this will not affect the remainder of the Terms of Use.
All rights not expressly granted in the Terms of Use are reserved.