Terms of Use

Terms of Use

These terms of use apply to this website which is operated by Albion TOD Pty Ltd (ABN 72 602 944 212) under the domain name www.albionexchange.com.au (“Website“). References to “Albion Exchange”, “we”, “us” and “our” in these terms of use refer to Albion TOD Pty Ltd.

In addition to the terms in this document, there may also be specific terms which form part of the terms of use and govern your use of, and access to, certain parts of this Website. In the event of any inconsistency between the provisions of the terms in this document and those other specific and additional provisions, the specific and additional provisions will prevail.

By accessing any part of this Website you agree to be bound by these terms of use.

You agree that the exclusions and limitations of warranties and liability set out in these terms of use extend to and will protect Albion Exchange’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Albion Exchange.

Albion Exchange may revise these terms from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these terms of use as amended.

Disclaimer

This Website and all information in any form (whether visible or not) including but not limited to data, source codes and images accessible on or in connection with this Website (“Material“) are provided “as is” and “as available”. To the maximum extent permitted by law, Albion Exchange makes no representations or warranties in relation to and disclaims responsibility for:

• the completeness, accuracy and reliability of this Website and the Material;
• any errors or omissions in the Material or any misleading Material; and
• the accessibility or inaccessibility of this Website or any Material.

Any photographic and artistic impressions shown are for illustrative purposes only and the final product may differ from that illustrated.

Unless expressly stated otherwise, the Material does not constitute an offer or inducement to enter into a legally binding agreement, form part of the terms and conditions of any legally binding agreement, purport to provide you with personal financial or investment advice of any kind or take account of your particular financial position, objectives or needs.

Before making any decision in reliance on any Material, you must make and rely on your own enquiries and we recommend you obtain independent financial, legal and taxation advice.

Exclusion of liability

You waive, release, discharge and relinquish Albion Exchange from any and all claims that you now or in the future have against Albion Exchange for any loss or damage (consequential or otherwise) or any liability whatsoever (including liability in negligence) connected with, arising out of, related to or incidental to the use of this Website, the Material accessible on or in connection with this Website or the inaccessibility of any Material on this Website provided that nothing in these terms operates to exclude, restrict or modify the application of, the exercise of a right conferred by, or any liability for breach of a condition or warranty implied by law which cannot at law be excluded, restricted or modified.

Third party material

The Website may incorporate or link to Material authored or hosted by third parties, which may be beyond the control of Albion Exchange and may contain opinions that are not the opinions of Albion Exchange.

Albion Exchange does not accept responsibility for or endorse Material authored or hosted by third parties (even if it is accessible on or in connection with this Website) or the quality, accuracy, merchantability or fitness for purpose of products or services available through third party web sites. Your access to third party web sites will be governed by their own terms of use and privacy practices.

If you consider any Material accessible on or in connection with this Website is offensive, you should contact Albion Exchange.

Intellectual property

All intellectual property including all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable) in any Material on the Website is the property of Albion Exchange or third parties. Unless expressly authorised by Albion Exchange, you must not use, reproduce, adapt, link to, modify, display, perform or distribute any Material or any part of any Material.

Your contributions

If you provide Material to Albion Exchange through or in connection with this Website, such Material will become the property of Albion Exchange and you assign all rights, title and interests in and to such Material to Albion Exchange.

Any Materials sent to us through the Website including feedback, questions, comments and suggestions, will be deemed to be non-confidential. Albion Exchange has no obligation of any kind with respect to such Material and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Material to others without limitation. In addition, Albion Exchange will be free to use any ideas, concepts, know-how or techniques contained in such Material for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Material.

Privacy

The Privacy Policy applicable to this Website [http://albionexchange.com.au/privacy-policy/] explains how personal data will be treated as you access and interact with this Website and can be accessed on the Privacy page of this Website.

Security

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference. Albion Exchange takes no responsibility for any such damage which may arise in connection with your use of this Website.

Jurisdiction and General

The Website is prepared for use by people in Australia and may not satisfy the laws of other countries. You should not use this Website if you do not reside in Australia.

It is your responsibility to ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you.

Any of these terms of use that is void or unenforceable may be severed from these terms without affecting the enforceability of other terms.

A failure or delay by Albion Exchange to exercise a power or right under any of these terms of use does not operate as a waiver of that power or right, and the exercise of a power or right by Albion Exchange does not preclude its future exercise or the exercise of any other power or right.

These terms of use are governed by and must be construed according to the law of the State of Queensland, Australia and you submit to the jurisdiction of the courts in that State.