Pursuant to this licence and subject to the absolute right of Iconic Kirra Pty Ltd to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:
Iconic Kirra Pty Ltd is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, floorplans, text, graphic and their arrangement (“Content”). Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or unless we indicate otherwise, no part of this web site may be otherwise reproduced, adapted, stored, distributed, printed, downloaded, displayed, performed, published, communicated or transmitted in any form or by any means or process (graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of the copyright owner.
Links from this website to other sites beyond the control of Iconic Kirra Pty Ltd are provided for the convenience of the user. Such links do not represent any official endorsement or approval of any such web site, product, organisation, or service. We are not responsible for the content or privacy practices of any such web site.
You acknowledge and agree that if you contribute Content to the Website, such Content will become the property of Iconic Kirra Pty Ltd and you hereby assign all rights, title and interests in and to such contributions to Iconic Kirra Pty Ltd.
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”), will be deemed to be non-confidential. Iconic Kirra Pty Ltd has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Iconic Kirra Pty Ltd will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
Iconic Kirra Pty Ltd reserves the right to remove any Content from this Website at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content.
You must indemnify and keep Iconic Kirra Pty Ltd (and its related bodies corporate, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of provisions of this licence, or your breach of any rights of third parties.
Your conduct when using this Website
You acknowledge and accept that your use of the Website indicates your acceptance of this licence and that you are responsible for all of your activity in connection with accessing the Website.
In accessing the Website, you must not:
In accessing this Website, you acknowledge and agree that:
While Iconic Kirra Pty Ltd has endeavoured to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided “as is” and “as available” and Iconic Kirra Pty Ltd takes no responsibility for any error or omission relating to this information. Intending purchasers should make their own inspections and enquiries. Photographs or artists impressions are for presentation purposes only and are indicative only. By entering your details on any of the forms contained within this website you are consenting to the collection, storage and use of your personal information. Should you no longer wish to receive further information you will always be provided with the opportunity to unsubscribe or you can contact us to have your details removed. All information collected will not be passed on to any third party and will be stored in accordance with the Australian Privacy Principles. The existence of inaccurate, incomplete or superseded material in this Website will not cause Iconic Kirra Pty Ltd to be in breach of the terms of the licence.
To the maximum extent permitted by law, Iconic Kirra Pty Ltd:
Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.
If at any stage you provide your contact information or make an inquiry to Iconic, Iconic retains their right to use this information to contact you at any time. By providing this information you consent to it being passed on to any related websites and/or third parties both of which can also contact you relating to the products and services provided at any time and without request.
Iconic Kirra Pty Ltd does not warrant or make any representations:
Iconic Kirra Pty Ltd will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.
Subject to any responsibilities implied by law and which cannot be excluded, Iconic Kirra Pty Ltd (including our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on Iconic Kirra Pty Ltd, or implied into this licence, under any law are hereby excluded.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of Iconic Kirra Pty Ltd for breach of any such implied term will be limited to the maximum extent possible, at the option of Iconic Kirra Pty Ltd, to any one or more of the following:
Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 or any other legislation which may not be excluded, restricted or modified by agreement.
Iconic Kirra Pty Ltd reserves the right to make any change, add or remove any material in or from this Website without notice. Iconic Kirra Pty Ltd may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
Termination and suspension
Iconic Kirra Pty Ltd reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of this Licence which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.
Failure or neglect by Iconic Kirra Pty Ltd to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Iconic Kirra Pty Ltd under this licence. No waiver by Iconic Kirra Pty Ltd of its rights under this Licence shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
If any parts of this Licence are deemed unlawful void or for any reason unenforceable then that provision may be severed from this Licence and it will not affect the validity and enforceability of the remaining provisions.
This licence is governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia.