Terms and Conditions of Use

By using this site, you agree to the following terms and conditions.

1. Use of this Website

1.1. For the purposes of this disclaimer, the term ‘Birkenhead Point Real Estate’ includes all entities of the website ‘BPRE’ as well as its webmasters and associated affiliates, including ‘Rainbow Digital Media’, ‘mybank.com.au’ and ‘myBPRE’  unless an intention to the contrary is explicitly stated.

1.2. The information provided at or through this Website is general and is not advice on any particular matter. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained at this Website.

1.3. Accordingly, you should not act on the basis of any information accessed at or through this Website without obtaining and considering appropriate professional advice upon your own circumstances.

2. Unauthorised Transactions

2.1. There are many inherent risks involved in transmitting information over the Internet. Unauthorised access and faults in computer networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet. Consequently, BPRE is unable to warrant that this Website will be free from such risks.

3. Disclaimer of Liability

3.1. BPRE and its affiliates and agents expressly disclaim all and any liability to any person in respect of anything and the consequences of anything done or omitted to be done by any person in whole or partial reliance on all or any part of the information accessed at or through this Website.

3.2. The materials provided at this Website (and any links from this Website) are provided “as is”. To the maximum extent permitted under the law, BPRE makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. BPRE does not warrant the accuracy and completeness of information accessed at or through this Website.

3.3. BPRE may make changes to the materials at this Website at any time without notice. The materials at this Website may be out of date, and BPRE makes no commitment to update the materials at this Website.

3.4. BPRE is not responsible in any way for the way in which downloadable material is used by the user. BPRE is not responsible for any action taken or made by a user.

4. Limitation of Liability

4.1 Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these Terms to be void. Otherwise:

  • All content is provided “as is” and without warranties of any kind, either express or implied.
  • The authors expressly disclaim all warranties of any kind.
  • The authors do not warrant or make any representation regarding any content in the Website in terms of correctness, accuracy, completeness, reliability or otherwise.
  • You assume the entire cost of any necessary verification of any relevant content.

4.2 Under no circumstances (including but not limited to any act or omission on the part of the authors) will the authors be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use, inability to use, or the results of the use of this Website, any websites linked to this Website, the results derived from any calculating tool on this Website, or any materials contained at any or all of such websites.

To the fullest extent permitted by law, the author’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of the authors to the following:

  1. the supply of the services again, or
  2. the payment of the cost of having services supplied again.

5. Links to Third Party Websites

5.1. Links to third party web websites on this Website are provided solely as a convenience to you and such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content. BPRE has not reviewed any of these third party websites and should you decide to access any of the third party websites linked to this Website, you do this entirely at your own risk.

6. Advertising Disclaimer

6.1. Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of BPRE and are not under the control of BPRE or its related bodies corporate and neither BPRE nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the website and do so entirely at your own risk.

6.2. The Website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by BPRE or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

6.3. If you contact a third party using functionality provided on the Website, including via e-mail, BPRE accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

7. Viruses

7.1. BPRE cannot and does not guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining an appropriate means for the reconstruction of any lost data.

8. Applicable Law

8.1. These Terms shall be governed by and construed in accordance with the laws of New South Wales and, Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of this Website must be commenced in the appropriate court in New South Wales. If you use this Website from locations outside of New South Wales, you are solely responsible for compliance with your local laws.

8.2. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

8.3. BPRE may revise these Terms at any time by updating this posting. You are bound by such revisions and should therefore regularly revisit this page to review the then current Terms by which you are bound.