Copyright infringement
If you believe that there is material on our website that infringes third party intellectual property rights, please contact hello@kinrealestate.com.au with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
Security
We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- any content you post via this website
- your unauthorised use of this website, or products or services included or advertised on this website
- your breach of these terms and conditions.
Applicable law
This agreement is governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.
You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to enquiries@kinproperty.com.au. We may provide notice to you via email or other electronic means.
Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.
Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.
Validity
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
These terms and conditions together with our privacy policy form the entire agreement between you and us in respect of your use of this website.