CONTACTING OUR VARIOUS SERVICE DEPARTMENTS
If you have used the Fernmark Property Group website you agree to the Fernmark Property Group website terms and conditions. Specifically, you acknowledge your agreement with, and understanding of, the “Contacting Service Departments” clause as detailed here in this section.
By using the Fernmark Property Group website you agree not to contact any service departments for any purpose other than to potentially engage the relevant service. If you are an individual, business, real estate agency, real estate agent or acting on behalf of a real estate agency or agent you agree that you cannot solicit business with any advertiser, vendor or supplier on the Fernmark Property Group website either by mail, phone, email or any other means without express written permission from Fernmark Property Group. Failure to comply will result in legal action taken against you, your company or representation.
DISCLAIMERS
You further warrant and agree that you will undertake of your own accord such due diligence checks, independent verification and independent advice to satisfy yourself of:
- the legal identity and capacity of any other party involved in any transaction facilitated by your use of the Fernmark Property Group website; and
- The suitability and particulars of, and encumbrances, interests and laws affecting any real estate or interest in real estate that is published, disclosed, marketed, advertised or promoted using the services of Fernmark Property Group.
You acknowledge that Fernmark Property Group and its consultants, contractors, sub-contractors, officers, license holders, servants or agents expressly make no warranty or representation of any kind to you that any party (including you) using the Fernmark Property Group website has attained 18 years of age or is acting in full legal capacity in effecting any transaction through the Fernmark Property Group website.
LIMITATION ON LIABILITY
Subject to any liabilities that may not be limited by law, Fernmark Property Group, its consultants, contractors, sub-contractors, officers, license holders, servants or agents and any related person, company or entity of Fernmark Property Group, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use of this Fernmark Property Group website, any activity, transaction, communication or other interaction between you any other party either directly or outsourced by Fernmark Property Group in any way or in connection with the use, inability to use or the results of use of this Fernmark Property Group website. Subject to the foregoing, Fernmark Property Group’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Fernmark Property Group for the use of the Fernmark Property Group website.
YOUR LIABILITY TO US
You are liable to us for breach of this Agreement or negligence under the principles applied by courts. You are not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract). You agree to indemnify us, our officers, employees and agents against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Agreement.
CUSTOMER SUPPORT
Fernmark Property Group may from time to time provide assistance and guidance through its customer support representatives. If we feel that your behaviour towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your access to and use of our website and you will not be entitled to any refund.
CONTACT INFORMATION
If you have any questions about the rights and restrictions above, please contact us at helpdesk@fernmark.property
APPLICABLE LAW
If you are accessing the Fernmark Property Group website from outside Australia you acknowledge that no representation of any kind is made by Fernmark Property Group or any other party as to compliance with any laws of any other country or the fitness of the Fernmark Property Group website or the Fernmark Property Group service for any purpose not governed by the laws of Australia.
GENERAL
In the event that you have any claim or action against any other site user arising from that site user’s use of our Fernmark Property Group website or the Fernmark Property Group services, you agree to pursue such claim or action independently of and without any demands from Fernmark Property Group, and you release Fernmark Property Group and its servants and agents from all claims, liability and damages, arising from or in any way connected to any claim or action.
If a claim or action is brought against us from your activities or use of the Fernmark Property Group website or from any of the Fernmark Property Group services, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to indemnify us, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect.