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Terms and Conditions

General

This Website is a service provided by Northpoint Fleurieu Pty Ltd for the following purposes:

  • a) informing its Customers,
  • b) enabling Customers to provide information to Northpoint , and
  • c) providing information and commercial services to Business Partners.

 

Information contained on this website is provided by Northpoint.

By accessing or otherwise using this Northpoint Website you agree to be bound by these conditions of use and you acknowledge that Northpoint provides this Website to you on these conditions of use. Northpoint is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of this Northpoint Website at any time without notice. Your continued use of a Northpoint Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection

Northpoint owns all intellectual property found on this and any OEM affiliated Northpoint Website, unless indicated otherwise. Subject to these conditions of use, Northpoint grants to you a non-exclusive and non transferable limited licence to do the following:

  • View and download information directly accessible through a Northpoint Website.
  • Use information directly accessible through a Northpoint Website.

 

You agree that, subject to your use of the Northpoint Website in accordance with the limited licence granted to you, you will not infringe Northpoint 's intellectual property found on any Northpoint Website and will not modify, copy, republish, frame, distribute or communicate any part of a Northpoint Website or any information contained therein or otherwise use them in a way which will infringe Northpoint's intellectual property or other property rights.

Disclaimer

Except as provided by law, this Website is provided "as is" and without any warranty or condition, express or implied. Northpoint does not warrant that the information contained in or accessible through the Northpoint Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Northpoint guarantee continuous, uninterrupted or secure access to its Websites.

You acknowledge that access and use of this Website may be interfered with by numerous factors outside of Northpoint control. Northpoint does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Northpoint Website. Subject to the provisions of the Competition and Consumer Act 2010, Northpoint makes no representations or warranties in respect of the information and materials available on the Northpoint Website or the means of accessing that information and material (including the software operating in connection with any Northpoint Website).

Northpoint makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Northpoint which are or may become linked or framed to or from this Northpoint Website.

Use of Information

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using this Website, you agree that such Content will be available to Northpoint to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Northpoint  considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Northpoint Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Northpoint  Website or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

 

You agree to grant Northpoint a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability

You agree that Northpoint is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of a Northpoint Website, the use by Northpoint of information provided by you to Northpoint through the Northpoint Websites or any such loss or damage which may arise should you be unable to access the any Northpoint Website, for whatever reason and however arising, including negligence.

To the extent that Northpoint is able to limit the remedies available under these conditions of use, Northpoint expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Northpoint's sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

 

You indemnify Northpoint against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

 

Breach and termination

If you breach any provision of these terms of use Northpoint may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of this Website. In any event, Northpoint may terminate these terms of use (and your right to use any Northpoint Website) at any time and for any reason without prior notice to you.

Choice of Law and Use of Northpoint Website

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of South Australia, Australia. Northpoint has designed this Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Northpoint Website outside the Commonwealth of Australia. Northpoint Websites are available only to people in Australia who can form legally binding contracts under applicable law.

For Any Enquiries on Terms of Use please contact us on:
Northpoint Head Office
485 North East Road,
Hillcrest
SA 5086

T 08 8261 4877
F 08 82663 943