Terms & Conditions of Use

TERMS & CONDITIONS AGREEMENT

Welcome to the Australian Valuations Website assessable at www.australianvaluations.com.au (the “Website”). The Website is owned and operated by Australian Valuations (“AUSTRALIAN VALUATIONS”, “Auctioneer”, “we”, “us” or “our”).

  1. This AUSTRALIAN VALUATIONS Terms & Conditions of Use Agreement (this “agreement”) is a legal agreement between you and AUSTRALIAN VALUATIONS providing the terms and conditions for your use of our Website and the services (the “Service”) we offer on the website. AUSTRALIAN VALUATIONS offers a range of services (the “Service”) including but not limited to “Valuations”, “Online Auction Sales” and “Buy Now” Sales. Please read these terms and conditions of use carefully.
  2. We may from time to time modify these Terms & Conditions of Use and will post a copy of the amended agreement at http://australianvaluations.com.au/terms-conditions-use/. If you do not agree to, or cannot comply with, the agreement as amended, you should not use the Website. You will be deemed to have accepted the agreement as amended if you continue to use the Website after any amendments are posted on the Website. We reserve the right to refuse to provide our products and services to anyone at any time.
  3. This agreement contains warranty and liability disclaimers. By using this Website, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this agreement, you are not authorized to use the Website. You may be denied access to the Website, with or without prior notice to you if you do not comply with any provision of this agreement.
  4. If you do not agree to, or cannot comply with, any of the terms and conditions of this agreement, please do not attempt to access this Website.

Authorised Users and Use of the Website

  1. In order to use the Website, you must be at least 18 years of age. By using the website, you represent that:
      1. you have read and understood, and that you agree to be bound by, this agreement; and
      2. you are at least 18 years old.
  2. AUSTRALIAN VALUATIONS grants to you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with the terms and conditions set forth in this agreement. AUSTRALIAN VALUATIONS reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted under this agreement is strictly prohibited.
  3. The Website is owned by AUSTRALIAN VALUATIONS and is protected by copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.
  4. In order to Bid in an Online Auction or participate in an Online Sale, you must register as a Bidder via the process contained on the Website.
  5. While using the Website and or participating in an online sale or otherwise making use of your registered account with the AUSTRALIAN VALUATIONS, you agree that you will not:
      1. use the Website to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without AUSTRALIAN VALUATIONS’ express written permission;
      2. copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Website; or
      3. use our Website in any way that violates the terms of this agreement.
      4. infringe any laws or any third-party rights;
      5. use the Website or seek to register an account if you are unable to form legally binding contracts or are under the age of 18;
      6. post, distribute, upload, publish or disseminate any defamatory or offensive content;
      7. post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
      8. distribute viruses or other technologies that may harm the AUSTRALIAN VALUATIONS or the interests or property of Vendors;
      9. harvest or otherwise collect information about other Bidders or Vendors, including email addresses, without their consent;
      10. use the Website or participate in an online sale in any manner which could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website; or
      11. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of the AUSTRALIAN VALUATIONS staff.
      12. fail to comply with any policy the AUSTRALIAN VALUATIONS has published on the Website or made known to you by other means. These policies may change from time to time and it is your responsibility to remain familiar with the most current versions;
  6. You warrant that all information and material that you post, distribute, upload, publish or disseminate on the Website (including information or material provided when you register or participate in an Online Auction) or about the Website (including on social media) is accurate, true, complete and not misleading (including misleading by omission). We will rely on the truth, accuracy and completeness of such information and material and may suffer loss and damage in the event it is inaccurate, false, incomplete or misleading.
  7. If we are informed that any of the content of our Website is in contravention of any laws, we reserve the right to remove that content

Registration

  1. We reserve the right to restrict certain areas of information on this Website to our approved registered users. In the event that any area of the Website requires you to register with us prior to our granting you access to such areas of the Website, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the “account information”).
  2. You agree to provide accurate account information and to update your account information as necessary to keep it accurate.
  3. AUSTRALIAN VALUATIONS will use your account information in accordance with its privacy policy, which can be found at http://www.australianvaluations.com/about/privacy-policy.
  4. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. AUSTRALIAN VALUATIONS will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless AUSTRALIAN VALUATIONS, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
  5. You must not use false or misleading information when registering. Your obligations to us won’t be reduced for any reason including (for example) where you use a false name. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
  6. To be eligible for registration as a Bidder and to participate in an online sale, you must be able to form legally binding contracts to use the Service. This means you must not use the Service if you:
      1. are under 18 years of age;
      2. an undischarged bankrupt; or
      3. under any type of insolvency administration, where you are a company.
  7. In order to confirm whether you meet the necessary criteria to register an account, we may request information and supporting material from you. Such information may include (but is not limited to) financial statements and credit history.
  8. You may request that your account be closed by emailing us a closure request to info@australianvaluations.com.au. In the case of an Online Auction, you may not close your account while you are the highest Bidder on an Online Auction. When you are no longer the highest Bidder, or when the Online Auction closes, you may request that your account be closed.
  9. We will only close your account if:
      1. any Online Auction in respect of which you have placed a Bid is closed;
      2. any Bid for which you are the Winning Buyer has been paid for in full in cleared funds (including the Winner Bid Amount, Buyer’s Premium and Associated Costs); and
      3. you have paid to us all other monies you owe us in cleared funds.

Auctions and Goods for Sale

  1. The AUSTRALIAN VALUATIONS conducts online auctions and offers goods for sale. This includes “Online Auction Sales” and “Buy Now” Sales. Each Online Auction and sale of a Lot or goods is subject to any special terms and conditions contained in the Item Details Page, Lot Description and Lot Details.
  2. You must register your details (your “Account”) with us to participate in a sale. Registration is free and does not oblige you to purchase anything
  3. All sales are held in Australian Currency (AUD). All prices listed are in Australian dollars.
  4. All items listed will state whether the purchase price is inclusive or exclusive of Goods and Services Tax (GST). If it is GST excluded, the GST amount will be added to the total amount payable.
  5. You may Bid by:
      1. placing a normal Bid; or
      2. placing an Auto Max Bid.
  6. “Auto Max Bid” means the process by which you elect and submit a maximum bid amount and our online auction system will automatically incrementally increase your existing Bid in the event that your existing Bid is exceeded by another bidder up to your maximum bid amount.
  7. AUSTRALIAN VALUATIONS may, without reason, at its sole discretion, refuse to accept any Bid or Auto Max Bid or withdraw any Lot from any Online Auction at any time, including after Auction Close if the AUSTRALIAN VALUATIONS considers (acting reasonably) that there has been an error in the Online Auction.
  8. The condition of the goods being offered varies. The Buyer understands and agrees:
      1. that any description, sample or photographic image of the goods given or furnished by the Auctioneer is solely for identification, and does not create any warranty, expressed or implied, that the merchandise actually conforms to such description, sample or photographic image, that the description, sample or photographic image of the item in any way offers an opinion or an assessment of the suitability of an item for you;
      2. that all merchandise is purchased and accepted by Buyer “AS IS-WHERE IS,” ‘IN PLACE” and “WITH ALL FAULTS, KNOWN AND UNKNOWN.” AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT.
      3. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations.
  9. Please take care when making a bid as once your bid is placed, it may not be withdrawn. When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for.
  10. Any Online Auction is subject to a right to bid on behalf of the Vendor, and such right is expressly reserved by or on behalf of the Vendor. The Vendor or AUSTRALIAN VALUATIONS may make any number of Bids for any Lot during an Online Auction.
  11. Each online auction will have a set commencement and conclusion time, as well as a minimum starting price. The auction times will be in Australian Eastern Standard Time or Australian Eastern Daylight Savings Time.
  12. If there are any technological or processing problems during an auction, AUSTRALIAN VALUATIONS may decide to close the auction and re-open the auction at a later time or extend the conclusion time for the auction. We will not be responsible for any bids which are not processed due to a technical error.
  13. AUSTRALIAN VALUATIONS may also close the auction early if any false or misleading bidding is suspected.
  14. The online auction closes at the end of the time period specified for that online auction where there are no new successful bids during extension period (varying per auction) immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item during the extension period (varying per auction) of the close of the online auction, the auction will continue to be extended until there are no more bids within the Extension Period. The Extension Period may vary from time to time. We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Extension Period.
  15. Please make sure you understand the collection and payment terms, including any amendment to those terms and conditions as outlined in the item’s description or in the Auction Info and Lot Page.
  16. You must not engage in bid manipulation.
  17. “Buy Now” Sales. Certain Lots on the Website may be listed as a ‘Buy Now’ sale, in which case there will be no Bids. Instead, the Winning Buyer will be the person that confirms via the Website they will buy the Lot for the listed price.
      1. You must pay the purchase price (including any GST) in full for a “Buy Now” Sale, together with any other applicable fees or charges.
      2. When you purchase a “Buy Now” Sale an email will be sent attaching the invoice with the balance owing, including details on how to make this payment.

Payment of Goods

  1. When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. We provide this notice out of courtesy and as a reminder to you. You may not receive this email; however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item. This notice will include:
      1. notification that you are the Winning Bidder and of the amount of your winning bid; and
      2. the lot number and description.
  2. If you are the Winning Bidder in an online auction, you must pay:
      1. the Winners Bid Amount; and
      2. the Buyer’s Premium; and
      3. any other fees and charges specified in the Auction Info and Lot Page, and including but not limited to tax, delivery and insurance charges if applicable, (the “Invoice Amount”); and
      4. within 48 hours from the close of the Auction.
  3. Payment may be made by EFT.
  4. The Online Auction listing page, Lot Detail or Item Detail Page will state whether the sale price of a lot is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
  5. You acknowledge and agree that:
      1. if the sale price is GST Inclusive, any Buyer’s Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price; or
      2. if the sale price is GST Exclusive, the GST amount will be added to the total amount payable.
  6. If your account remains unpaid after the specified due date, we may charge you a 1% of the gross hammer price (excluding GST) per day late payment charge.
  7. Non-payment and compliance. If you refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder; or if you do not comply with the terms and conditions of the User Agreement we may, in our absolute discretion:
      1. sue you for all money owing to us, including any Buyers Premium and lost income;
      2. resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (if any) from you; or
      3. charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost commission and Buyers Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you.
  8. Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
      1. you don’t pay the Invoice Amount into a bank account nominated by us within 48 hours of the Winning Bidder placing the Winner’s Bid Amount; or
      2. we are unable to contact you for any reason.
      3. If you fail to comply with any of these terms and conditions, we may sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, we will not act unreasonably.
  9. All sales are final – THERE WILL BE NO REFUNDS, RETURNS OR EXCHANGES.

Risk

  1. You acknowledge that you use the Website and participate in Online Auctions at your own risk.
  2. Title in any Lots or Goods shall remain with the Vendor and will not pass to you until we receive the Winners Bid Amount or ‘Buy Now’ purchase price (as applicable), Buyer’s Premium, Associated Costs and any other amount invoiced to you in relation to the Lot in accordance with these Terms and Conditions in cleared funds.
  3. Title in the Lot or Goods being transferred to you may not necessarily mean that the Lot are Goods not subject to any security interest or encumbrance. We are not responsible for procuring the removal of such security interests or encumbrances from title. We do not warrant or guarantee that any Lot has clear title or is free of any encumbrance or security interest. You are responsible for undertaking any searches and inquiries related to the title of any Lot.  To the fullest extent permitted by any applicable law, you release us from any liability in respect of any loss, claim or damage suffered or incurred by you in connection with or arising as a direct or indirect result of any Lot being subject to a security interest or other encumbrance.
  4. Unless expressly permitted otherwise by Law or a policy published on the Website, you will not be entitled to any refund under these Terms and Conditions or to return any Lots purchased.
  5. The Bidder may be given the opportunity to inspect Lots and satisfy itself as to the condition of each Lot before bidding. It is the responsibility of any Bidder to satisfy itself as to the quality and condition of any Goods. If the Bidder has not been able to satisfy itself of the quality or condition of the Goods, the Bidder acknowledges that it makes any Bid in an Online Auction at its own risk. Lot Details, illustrations and descriptions displayed in connection with a Lot for sale by Online Auction are for general identification purposes only, may have been supplied by Vendors and may not have been verified by AUSTRALIAN VALUATIONS as accurate.
  6. The Purchaser expressly acknowledges and agrees that it has, prior to bidding, inspected (or elected not to inspect) the purchased Lot and in purchasing the Lot relies entirely on its own judgement and not on any statements or representations made by AUSTRALIAN VALUATIONS or Vendor.
  7. Inspection of the assets is highly recommended. Bids on assets in this sale should be made based on your inspection and assessment of the goods.
  8. Descriptions and photographs should be used as a guide only.
  9. AUSTRALIAN VALUATIONS will not provide any refund for change of mind. If you are unsure do not bid as no refunds will be given.
  10. To the fullest extent permitted by any applicable law, AUSTRALIAN VALUATIONS excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees that any goods or services supplied under these Terms and Conditions or as part of an Online Auction are of satisfactory quality, merchantable or fit for their purpose).
  11. To the fullest extent permitted by any applicable law, AUSTRALIAN VALUATIONS will not be liable to you (whether under these Terms and Conditions or otherwise) for any indirect or consequential loss, loss of profit, data loss, damage to reputation, additional borrowing loss, effects of any insolvency, damage to reputation or claims or allegations by a third party (including the Vendor) that any material breaches that third party’s rights (including intellectual property rights). You release and forever discharge AUSTRALIAN VALUATIONS from any such liability.
  12. If you have a dispute with another Bidder or Vendor, you release AUSTRALIAN VALUATIONS from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  13. AUSTRALIAN VALUATIONS and Vendor shall not be liable for any loss, damage or injury of any kind whatsoever, whether arising from the performance, description, mis-description or identification of Goods, the entry of persons onto auction premises or otherwise (including, without limitation, loss, damage or injury cause by the default or negligence of or misrepresentation by AUSTRALIAN VALUATIONS or the Vendor and any incidental and consequential loss, damage or injury) to any person or property, and the Bidders release AUSTRALIAN VALUATIONS and the Vendor from such liability. Furthermore, persons attending the auction site, before, during or after the auction do so solely at their own risk.
  14. You indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs (on a full indemnity basis), made against us by any third party or a Vendor due to arising out of or in connection with your participation in an Online Auction.
  15. Title to a Lot auctioned shall remain with the Vendor until the full purchase price and all other sums payable in respect of the Lot are paid in full or direct credit payments cleared, and the Lot removed.
  16. AUSTRALIAN VALUATIONS advises all buyers that all plant offered for sale at auction AS-IS WHERE-IS and may not be fit for use in a workplace. AUSTRALIAN VALUATIONS does not warrant that any electrical or mechanical appliance, plant and/or equipment (collectively, Plant and Equipment) complies with the requirements of any Commonwealth, State or Territory workplace health and safety laws (“WHS Laws”). It is the purchaser’s responsibility to ensure that an operational risk assessment is undertaken, prior to use, and the plant be brought to a condition which complies with relevant State Legislation, Regulations and applicable Codes of Practice.
  17. All types of vehicles are sold without roadworthy and, by submitting a Bid in relation to a vehicle, Bidders acknowledge that AUSTRALIAN VALUATIONS provides no statutory warranty in relation to the vehicle.
  18. If you do purchase a vehicle, you must arrange for transfer of the vehicle’s registration into your name before you will be permitted to collect the vehicle.

Collection of Purchased Goods

  1. All items that are collected are collected at your own risk.
  2. The Buyer is fully responsible for the expense and risk of the removal of a Lot and for any damage to property or injury to persons caused by themselves, their agents or employees which occurs during the removal of a Lot or lots.
  3. AUSTRALIAN VALUATIONS does not organise transport of goods. Collection of assets is the responsibility of the purchaser, please consider this prior to bidding.
  4. Collection times for the item will be listed on the item page. Should you fail to collect the item within the specified times we reserve the right to charge you storage fees.
  5. If an item is not collected by you within the specified collection period then we reserve the right to re-sell the item and deduct from the proceeds of sale the Buyer’s Premium and all reasonable costs and expenses including and not limited to those relating to transport, storage, insurance, administration, re-advertising and re-selling. If there is a shortfall in funds from the sale of the Lot to cover all of these amounts then we will be entitled to recover any shortfall from you as an additional amount immediately due and payable.
  6. Staff are onsite for security purposes only. Please make sure you have suitable transport and equipment/people to help you load your items.
  7. Collections are not allowed outside of the dates/times specified.
  8. Persons under the age of 15 years will not be permitted onsite.
  9. Tradespeople eg; electricians, plumbers etc will be required to produce the relevant licence before commencing work on site.
  10. Riggers, Forklift and Crane Drivers etc will be required to produce the relevant licence before commencing work on site.
  11. It is a condition of entry to site that all visitors comply with any directions given by AUSTRALIAN VALUATIONS staff, the Vendor’s site personnel or their representatives.
  12. Work carried out on the site for the collection of the goods must be completed in a manner compliant with all Workplace Health & Safety legislation.
  13. All power tools and equipment used on site must be tested (tagged) safe for use in accordance with AS3760 service testing and inspection of electrical equipment.
  14. The use of certified equipment, harnesses, work platforms etc will be required for any work carried out above 1.8metres.
  15. Enclosed footwear must be worn onsite. Safety boots are required at industrial sites.
  16. Dismantling/Decommissioning of some assets may require a satisfactory Safe Work Method Statement prior to any work taking place onsite.

Copyrights and Intellectual Property

  1. As between you and AUSTRALIAN VALUATIONS, you acknowledge that AUSTRALIAN VALUATIONS owns or has a license to all title and copyrights in and to the content provided on this Website. All title and intellectual property rights in and to any licensed content provided on this Website is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. The Website may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the AUSTRALIAN VALUATIONS trademarks or the trademarks of any third party, service marks, graphics, or logos.
  2. Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.

Privacy Policy

  1. Unless otherwise addressed in this agreement, your use of this Website is subject toAUSTRALIAN VALUATIONS’s privacy policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of AUSTRALIAN VALUATIONS’s privacy policy. AUSTRALIAN VALUATIONS may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this Website.

Submissions or Other Information

  1. If you submit to us or post on the Website any property listing, goods for sale, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any submission submitted or sent to us. By submitting or sending a submission to us, you:
      1. represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and
      2. you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

Term

  1. This agreement will remain effective until terminated by us.

Disclaimers

  1. The Website (including all of its content) is provided to you “as is.” Any use of this Website is at your own risk. To the maximum extent permitted by applicable law, AUSTRALIAN VALUATIONS disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. AUSTRALIAN VALUATIONS makes no representations, warranties or guarantees that this Website will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and AUSTRALIAN VALUATIONS disclaims any liability relating thereto.
  2. AUSTRALIAN VALUATIONS makes no representations, warranties or guarantees that use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, AUSTRALIAN VALUATIONS may modify, suspend, or discontinue any aspect or feature of this Website or your use of this Website. If AUSTRALIAN VALUATIONS elects to modify, suspend, or discontinue the Website, it will not be liable to you or any third party.
  3. All property and goods listing information contained within this Website is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this Website are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this Website and any contemplated transaction concerning any property listed on this Website.
  4. You acknowledge that your submission of any information to us is at your own risk. AUSTRALIAN VALUATIONS does not assume any liability to you with regard to any loss or liability relating to such information in any way.
  5. Some of the content, products, goods and services available through the AUSTRALIAN VALUATIONS Website may include items and materials that belong to third parties. You acknowledge that AUSTRALIAN VALUATIONS assumes no responsibility for such content, products or services.

Limitation of Liability

  1. In no event will AUSTRALIAN VALUATIONS be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if AUSTRALIAN VALUATIONS has been advised of the possibility of such damages. No oral or written information or advice given by AUSTRALIAN VALUATIONS or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

Indemnity

  1. You will indemnify and hold AUSTRALIAN VALUATIONS, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (a) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (b) your use or misuse of the Website.

Governing Law

  1. You will indemnify and hold AUSTRALIAN VALUATIONS, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (a) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (b) your use or misuse of the Website.

General

  1. AUSTRALIAN VALUATIONS complies with all applicable laws, including, but not limited to, privacy laws and individual state laws with respect to the sale of goods. You agree that you will comply with all such laws applicable to you.
  2. AUSTRALIAN VALUATIONS or its business partners may present advertisements or promotional materials on or through the Website. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that AUSTRALIAN VALUATIONS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on the Website.
  3. AUSTRALIAN VALUATIONS may send notices to you with respect to your use of the Website by sending an email message to the email address listed in your account information, by sending a letter via mail to the contact address listed in your account information, or by a posting a note on the Website when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
  4. General contact information. For questions regarding this Website or your use of this Website, please email us at info@australianvaluations.com.au, or call +61 1300 789 809.
  5. By using our Website, you acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.