Terms Of Use
1. Acknowledgement and Acceptance
1.1 By using the Cunningham and Co. Corporation Limited (Cunningham and Co.) websites (Websites) you acknowledge that you have read, understood and accept the legal provisions in these Terms & Conditions (Terms).
Websites mean any website owned and/or operated by Cunningham and Co. and any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, Myspace, Slideshare, Flickr or LinkedIn.
1.2 The information contained on the Websites is subject to change without notice. If you are a regular Cunningham and Co. visitor and/or member please check these Terms regularly.
2. Using the Websites
You are responsible and legally liable for your activity, use of and conduct on the Websites.
3. Your obligations when using the Cunningham and Co. Websites
3.1 Trade Marks and Copyright
(a) “Cunningham and Co.” is the trading name for Cunningham and Co. Corporation Limited. All references to Cunningham and Co. include a reference to all of its related entities, authorised licensees and agents.
“Cunningham and Co. Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Cunningham and Co..
(b) Under Australian and international law, the material on our Websites, including all pages, graphics and services, is subject to copyright. You must not:
(i) unlawfully use any of our or our suppliers copyright material;
(ii) pass off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site; or
(iii) use, modify, publish, license, create derivative works from, transfer, or sell any copyright material, Cunningham and Co. Trade Marks, information, materials, software, products or services obtained from the Websites without our prior written consent.
(c) You may access, use, download and print information and materials displayed on the Websites for your personal and non-commercial use only (including for the purposes of property investment or purchase or lease of commercial property through Cunningham and Co.).
3.2 Unacceptable content
(a) To ensure that using the Websites is a pleasant experience for everyone, you are prohibited from posting any material that, or using the Websites in any way that:
(i) violates any laws;
(ii) is threatening, abusive, defamatory, obscene or indecent;
(iii) is false or misleading;
(iv) infringes any third-party rights including copyright, trade marks or other intellectual property rights;
(v) distributes chain letters or pyramid schemes or spam users of the Websites;
(vi) distributes viruses or any other technologies that may harm the Websites, the interests or property of Cunningham and Co. or other users;
(vii) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Websites;
(viii) copies, modifies, or distributes any other person’s content without their consent;
(ix) uses any robot, spider, scraper or other automated means to access the Websites and collect content for any purpose without our express written permission;
(x) harvests or otherwise collects information about others, including email addresses, without their consent;
(xi) bypasses measures used to prevent or restrict access to the Websites;
(xii) impersonates any person or entity;
(xiii) in any way makes available using the Websites any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
3.3 Objecting to content
You are solely responsible for any content that you create, transmit or display on our Websites and for the consequences of your actions (including any loss or damage that Cunningham and Co. or any third party could suffer) by doing so.
Cunningham and Co. has the right to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Websites at its sole discretion. If you find any content that is objectionable please contact the Cunningham and Co. Privacy Officer, whose details are listed at Section 11.
3.4 Changes to Content
Cunningham and Co. and its suppliers may make improvements or changes in the information, services, products, and other materials displayed on the Websites, or terminate the Websites, at any time without notice. Cunningham and Co. may modify the Websites Terms at any time, and such modifications will take effect immediately upon posting of the modified Terms on the Websites. Accordingly, you agree to read the Terms on a regular basis, and your continued access or use of the Websites will be deemed to be your acceptance of the modified Terms.
3.5 User generated content
If you upload content, you:
(a) (attribution of copyright owner) must include the author and source of the content and ensure you have obtained the necessary rights to use the material in the way in which it is being used;
(b) (indemnification) agree to indemnify us against all liability claims or proceedings whatsoever arising from your publishing the content by uploading it onto the Websites in relation to defamation, breach of copyright, trade mark infringement, unfair competition, trade practices, royalties, violation of rights or privacy;
(c) (warranties) warrant that the content is legally compliant and that its publication does not give rise to any rights against or liabilities against Cunningham and Co., including anything that is capable of a breach of the Australian Competition and Consumer Law Act 2010 or relevant legislation.
If you post materials to or links from the Websites that infringes any third party rights, you indemnify Cunningham and Co. against any loss, liability, damage, cost (including Cunningham and Co.’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.
3.6 Copyright Assignment
You agree to assign copyright in all original content that you post on the Websites to Cunningham and Co. upon publication. Further, you agree to formally record such assignments and that you appoint Cunningham and Co. as your proxy as may be required for the sole purpose of completing such an assignment. Cunningham and Co. retains copyright on all content, design and artwork produced for the Websites.
3.7 Consent
If you upload photographs, audio or video recordings of yourself, you consent to give Cunningham and Co. the right to use these photographs and recordings in the production of the Websites. You further give Cunningham and Co. the right to use or reproduce this content, including your likeness, in whole or in part for publicity or broadcast purposes as we reasonably see fit (although we will endeavour to contact you in order to notify you of such use where reasonably practicable for us to do so).
3.8 Linking policy
You are welcome to put links on your site pointing to our Websites but only if all links abide by these Terms. Further, that you agree to immediately remove any links from your websites as directed if Cunningham and Co. deems the links to be misrepresentative of its brand, image and reputation in any way.
3.9 Comments Policy
At Cunningham and Co. we want as many of you as possible to engage in vibrant and lively discussions on our Websites. However, there are limits to acceptable communication and we require that discussions and/or comments posted by users on the Websites are constructive, civilized and relevant.
Cunningham and Co. reserves the right to immediately remove any content that does not fall within these guidelines and, in extreme cases, Cunningham and Co. can suspend or terminate your membership to the Websites.
4. Copyright and Trade Marks Policy
4.1 Cunningham and Co. will action notices alleging any infringement or breach of someone’s intellectual property or personal rights within 7 business days of being notified, including but not limited to:
(a) alleged copyright infringement that comply with applicable international intellectual property law (including Take Down Notices under the Digital Millennium Copyright Act); and
2. trade mark complaints.
4.2 Cunningham and Co. will action notices alleging defamatory posts or links about you within 1 business day of being notified.
4.3 Cunningham and Co. reserves the right to remove users and/or subscribers for copyright and trade mark infringement and will use reasonable endeavours to remove any such content (or suspend it pending the dispute outcome).
4.4 Cunningham and Co. is not in any way responsible or liable for any user generated content published on its Websites so long as Cunningham and Co. removes within the time specified.
4.5 If you suspect that your copyright or trade marks have been infringed please email Cunningham and Co. using the details at Section 11.
If you suspect that your copyright or trade marks have been infringed please email the Cunningham and Co. Privacy Officer using the details at Section 11.
5. Privacy
We collect personal information about you when you visit our Websites whether you are registering; signing up for features and functions; participating in surveys, trade promotions and competitions; ordering or purchasing products or contributing to one of our forums. We can use the information that you provide for a number of purposes as referred to in our Privacy Policy – https://cunninghamandco.com.au/privacy-policy/
6. Disclaimers
6.1 General
(a) Cunningham and Co. is not liable to you or any third party for any loss in connection with the use of the Websites or any other linked website (which may belong to any of our authorised agents or approved partners). This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
(b) All information (including but not limited to the property area, floor size, price, address and general property description) on the Websites is provided as a convenience to you, and has been provided to Cunningham and Co. by third parties. Cunningham and Co. has no belief one way or the other as to whether the information contained on the Websites is correct, neither Cunningham and Co. nor its licensors or suppliers (nor their respective directors, affiliates or employees) have checked the accuracy of the information and do no more than pass it on.
(c) You acknowledge and agree that by using the Websites you are using them at your own risk.
(d) Cunningham and Co. does not represent or warrant:
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- that your use of the Websites will meet your requirements;
- that your use will be uninterrupted, timely, secure or free from error;
- the accuracy of any information obtained by you as a result of your use of the Websites; and
- that defects in the operation or functionality of any part of the Websites will be corrected.
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(e) Any material downloaded or otherwise, or services obtained through the use of our Websites is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
(f) Cunningham and Co. excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
(g) Cunningham and Co. does not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information, contained on the Websites.
7. Third party websites
Our Websites may link to third party websites which are not owned or operated by Cunningham and Co.. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We do not endorse these sites. We recommend that you investigate these sites’ terms and conditions. Furthermore, because Cunningham and Co.’s privacy policy is applicable only when you are on the Websites, once linked to another website, you should carefully read that website’s privacy policy before disclosing any personal information. In certain circumstances Cunningham and Co. may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website. Cunningham and Co. is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.
8. Calculators
The results from calculators supplied on the Websites should be used as an indication only. Results do not represent either quotes or pre-qualifications for a product or service. It is advised that you consult your legal adviser or financial adviser before proceeding with any transaction.
9. Choice of Law/Forum
These Terms are governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflicts of law. Cunningham and Co.’s failure to insist upon strict enforcement of any provision of these Terms will not constitute a waiver of any provision or right. Any legal action or proceeding between Cunningham and Co. and you related to these Terms will be brought exclusively in a court of competent jurisdiction in Australia.
10. Complaints Handling
(a) Lodgment of Complaints
Cunningham and Co.’s Privacy Officer will provide reasonable information and assistance to ensure that Complaints are lodged effectively.
Complaints may be lodged by emailing or posting a letter of complaint to the Cunningham and Co. Privacy Officer using the details at Section 11.
Complaints will be acknowledged and Website users will be advised of the progress of their Complaint.
Cunningham and Co. has established, and will continue to develop, quality processes for the effective acknowledgement and processing of complaints.
(b) Response to Complaints
Complaints will be processed in a timely and efficient manner. Cunningham and Co. is committed to continuous improvement and training to ensure that complaints are resolved promptly and courteously.
Managing our customer’s expectations realistically is Cunningham and Co.’s goal. This involves the careful analysis of each complaint and a resolution offered as soon as practicable.
(c) Review of Complaint Handling Process
Cunningham and Co.’s complaint handling procedures and systems ensure effectiveness and we conduct internal reviews to highlight any need for improvement.
(d) Records/ Systems
Complaints will be recorded and analyzed to ensure that our complaint management processes comply with this policy.
Systemic trends and recurring problems will be identified and feedback provided to the relevant departments to improve processes and your customer experience.
(e) Escalation of Complaints
Cunningham and Co.’s goal in the area of complaints handling is to finalise complaints as soon as possible. Where necessary, you will be kept informed of the progress of your complaint.
Where Cunningham and Co. has exhausted the channels available to it under these Terms and the relevant Policies to address your complaint, you can escalate your complaint to the Fair Trading Office in your State, or the ACCC.
11. Contacting our Privacy Officer
Scott Cunningham
Cunningham and Co. Corporation Limited
Suite 110/10, Century Circuit,
NORWEST NSW 2153.
TEL: +61 2 8850 4100
EMAIL: privacy@cunninghamandco.com.au