Appraisal Solutions Pty Ltd (“Appraisal Solutions”) is pleased to provide you with access to this website and any applications used to provide services to you (together the “Network”).
By accessing or using the Network, you agree to be bound by these terms and conditions of use (“Terms”) and any other terms and conditions referred to in these Terms or notified to you on the Network- each as amended from time to time.
The information, including statements, opinions and documents contained on the Network (“Information”) is for general information purposes only. To the extent permitted by law, any reliance you place on the Information is at your own risk.
2. Non-commercial use only:
Unless you have signed commercial terms with Appraisal Solutions, your use of the Network must be for personal and non-commercial use only and in accordance with these Terms.
3. Prohibited conduct:
You must not:
a. use the Network to do anything that infringes the intellectual property rights or other rights of any person or that would cause you or Appraisal Solutions to breach any law, regulation, rule, code or other obligation;
b. interfere with or inhibit any user from using any part of the Network;
c. attempt to or tamper with, hinder or modify any part of the Network, knowingly transmit viruses or other disabling features, or damage or interfere with the Network, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Network; or
d. facilitate or assist another person or organisation to do any of the above acts.
4. Products and services provided by Appraisal Solutions
Any products or services offered by Appraisal Solutions (beyond access to the Network) are subject to additional terms and conditions. To the extent of any inconsistency between these Terms and the additional terms and conditions, the additional terms and conditions will prevail to the extent of the inconsistency.
5. Copyright and Intellectual Property Rights:
a. The Information on the Network is owned by or licensed to Appraisal Solutions and is protected by copyright and intellectual property laws (“Copyright Material”). All rights not expressly granted under these Terms are reserved by Appraisal Solutions.
b. You agree that, as between you and Appraisal Solutions, Appraisal Solutions owns all intellectual property rights in the Network, and that nothing that is displayed on the Network or that is referred to in these Terms constitutes a transfer or grant of any intellectual property rights to you including the right to use any trade mark (whether registered or unregistered) without the relevant owner’s express written consent.
c. You may:
i. only copy or reproduce the Copyright Material for the purpose of browsing the Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and
ii. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
7. Third Party Information:
The Network may contain third party information, including but not limited to user comments, guest articles, advertisements and links to third party websites (“Third Party Information”). To the extent permitted by law, Appraisal Solutions does not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in the Third Party Information.
8. Reservation of Rights
Appraisal Solutions reserves the right to amend or delete any and all content and/or Third Party Information, and to block any user if Appraisal Solutions reasonably believes that there is a violation of these Terms.
9. Limitation of Liability:
a. Other than as set out in this clause and to the extent permitted by law, all implied guarantees and warranties provided by Appraisal Solutions are hereby excluded. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy conferred on you by an applicable statute (e.g. the Australian Consumer Law) that cannot be excluded, restricted or modified.
b. To the extent permitted by law, Appraisal Solutions will only be liable to you pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded provided that, any such liability of Appraisal Solutions is limited to the greater of (i) the total fees paid by you to Appraisal Solutions for the affected services in the 12 months immediately preceding the claim, or (ii) $1000.
c. To the full extent permitted by law, Appraisal Solutions will not be liable to you for any indirect or consequential loss or damage, including loss of use, production, profit, revenue, business, data, contractor anticipated savings, delay or for any financing costs, increase in operating costs or economic loss.
d. For the purposes of this section, the term Appraisal Solutions means Appraisal Solutions, its officers, employees, contractors and agents, whether individually or collectively.
e. This clause will survive any expiration or termination of these Terms.
f. Where you have purchased a specific product or service from Appraisal Solutions, please check your additional specific product or service terms for liability provisions which may prevail over this clause.
a. To the extent permitted by law, Appraisal Solutions does not warrant that the functions contained in any Information on the Network or your access to the Network will be error free, that any defects will be corrected, that the Network or the server which stores and transmits Information to you are free of viruses or any other harmful components, or that the Network will operate on a continuous basis or be available at any time.
b. While Appraisal Solutions endeavours to keep the Network and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any Third Party Information or Information, images, products, services, or related graphics contained on the Network for any purpose except to the extent required by law.
c. You read, use, and act on Information contained on the Network and Third Party Information strictly at your own risk.
a. By using the Network, you agree to defend and indemnify Appraisal Solutions (and its officers, directors, employees and agents) against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including reasonable legal costs and expenses), including in tort, contract or negligence, if Appraisal Solutions suffers any loss or damage or incurs any cost arising from:
i. your use of or access to the Network;
ii. any breach by you of these Terms; or
iii. any fraudulent, unlawful or negligent act or omission by you;
except to the extent such loss or damage is caused by Appraisal Solutions’ own acts or omissions.
b. This clause will survive any expiration or termination of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts in that state.
a. Appraisal Solutions may modify or amend its terms and conditions from time to time. Modifications to these Terms (and the terms and conditions linked to these Terms) take effect once displayed on this website or app, however will only apply to your use of the Network after that date and will not affect any accrued rights or obligations under the prior terms and conditions.
b. Appraisal Solutions may, acting reasonably, cease to provide you with access to the Network or any of its services without notice.
c. All rights not expressly granted are reserved.
14. Contact Appraisal Solutions
For questions or complaints, please contact us at:
Appraisal Solutions Pty Ltd (ABN: 92 623 398 998)
Address: 449 Punt Road, Richmond VIC 3121