Term condition

Terms & Conditions

Terms and Conditions for the Use of the mastercapitalgroup.com.au website.

If you browse or otherwise access any content or data on the mastercapitalgroup.com.au website you agree to be bound by these terms.

These terms of use and our Privacy Policy form the basis on which you may access and use our website. We reserve the right to change any or all of our terms of use or other conditions for using our website at any time by publishing the new terms or conditions on our website. Your use of our website constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our website your sole option is to immediately cease your use of our website.

Information on our website and in any mastercapitalgroup.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice. Master Capital Group Pty Ltd (MCG) is responsible for maintaining the website and all MCG publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our website by or on behalf of MCG, and any Third Party Content on our website) and MCG and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our website or publications.

Restrictions on use of websites

In accessing or using our website you agree that you will not:

  1. use any automated device, software, process or means to access, retrieve, scrape, or index our website or any content on our website;
  2. use any device, software, process or means to interfere or attempt to interfere with the proper working of our website;
  3. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
  4. use our website or any content from our website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
  5. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  6. act in violation of any Term of Use or other condition posed by us or any applicable law;
  7. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website or any content on our website, except as expressly authorised by us; or
  8. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, MCG grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of MCG copyright material beyond such use, written permission must be obtained directly from MCG or the relevant copyright owner. If given, permission 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.

Property project content

Any property project content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Property project content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content.

Further warranties

You represent and warrant that

  1. your use of our website will comply at all times with these terms and any directions we make to you in relation to your use of our website from time to time
  2. you will make sure that you keep your username and password by which you access ‘mastercapitalgroup.com.au’ confidential and secure at all times
  3. you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to MCG.

Indemnity

You agree to indemnify and hold MCG and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our website or making Contributions not in accordance with these terms.

Limitation of liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

In no event shall MCG be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected with this agreement or the websites. Notwithstanding anything to the contrary herein, the aggregate liability of MCG ltd and its related entities to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to $100.00.

Jurisdiction

Your use of our website, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

© Master Capital Group published 1 June 2015