This website is owned by Kennedy Luxury Group Pty Ltd (we, us and our). In consideration of your access to and/or use of this website, you agreed to be bound by and abide by the terms and conditions set out in these terms.
1. Intellectual property rights
1.1. Unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on this website. While you may browse or print the content for non-commercial or personal, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this website for any other purpose.
1.2. All trade marks appearing on this website belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.
4. Restrictions on use
4.1. You agree to only use this website in accordance with these terms and applicable laws. Without limiting the previous sentence, you must not:
- use this website (or any content and/or services provided or made available through this website) for any purpose other than as permitted by these terms;
- remove or tamper with any copyright notices on this website;
- disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from this website (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));
- copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from this website, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or
- incorporate this website in any product to be made available commercially (unless we expressly agree otherwise with you).
4.2. You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into this website, or in any other manner whatsoever corrupt, degrade or disrupt this website.
4.3. You must not (nor permit a third party to) upload or submit any data or information to or via this website nor otherwise use this website:
- to engage in any activity which breaches any law, infringes a third party’s rights, or in a manner which interferes with the rights of any other person;
- to infringe our intellectual property rights (including trade marks and copyright) or those of any third party;
- in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or
- in any way that constitutes misuse, or resale or other commercial use, of this website (or any content and/or services provided or made available through this website).
5. Links to other sites
We may, from time to time, publish links to other third party sites on this website. We have no control over third party sites. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
6. Disclaimers and exclusions
6.1. This website, and all content, information and/or services provided or made available through this website, are made available to you on an ‘as is’ and ‘as available’ basis.
6.2. You acknowledge and agree that to the extent possible under the law, and subject to section 7, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of this website.
6.3. You also acknowledge and agree that to the extent possible under the law, and subject to section 7, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
(a) in connection with or in any way relating to this website or any content and/or services provided or made available through this website, including:
- in connection with any disruption to or unavailability or failure of this website or interference with or damage to computer systems or other electronic devices;
- in connection with errors, omissions or inaccuracies contained in any information published on or available via this website; or
- as a result of any act committed by another person in connection with your use of this website or any content and/or services provided or made available through this website;
(b) arising from any circumstance beyond our control; or
(c) otherwise under or in connection with these terms
6.4. You also acknowledge and agree that to the extent possible under the law, and subject to section 7, we do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
6.5. This website may be accessed from outside Australia. We make no representation that the Information or website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and you are responsible for ensuring your compliance with all laws in the place where you are located.
7. Consumer guarantees
To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these terms. However, if a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
- in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,
Except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.
8.2. If a provision of these terms is invalid or unenforceable, it may be severed from these terms and the remaining provisions of these terms continue in force.
8.3. These terms will be governed by and construed in accordance with the laws in force in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.
8.4. These terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).