Welcome to LIV Property Group, accessible via
www.livproperty.com.au. By using the Website, you engage in our service and agree to be bound by the following terms and conditions (“Terms of Use”), which outline your legal obligations and govern your use of our Website.
Agreement to Terms
1.1. By accessing and utilising the Website, you acknowledge that you have read, understood, and agree to these Terms of Use. If you do not agree with any part of the terms, you must cease using the Website immediately.
Intellectual Property Rights
2.1. All content, including text, graphics, logos, and images on the Website, is owned by or licensed to LIV Property Group. You are granted a limited, non-exclusive right to access and use the Website for personal, non-commercial purposes in accordance with these Terms.
Use Restrictions
3.1. You are prohibited from violating or attempting to violate the security of the Website, including without limitation:
I. Accessing data not intended for you or logging onto a server or an account which you are not authorised to access.
II. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
III. Attempting to interfere with service to any user, host, or network.
Content Accuracy
4.1. LIV Property Group makes every effort to ensure the content on the Website is accurate and up to date but does not guarantee the accuracy, reliability, or completeness of the information provided.
Amendments to Terms
5.1. LIV Property Group reserves the right to amend or update these Terms of Use at any time without prior notice. By continuing to access or use the Website after amendments are made, you agree to be bound by the revised Terms.
Australian Consumer Law
6.1. Any products and services provided through our website are subject to the consumer guarantees as outlined by the Australian Consumer Law (ACL). Whether you qualify as a ‘consumer’ under the ACL affects the range of mandatory guarantees that apply to your purchase.
6.2. Products and services purchased from LIV Property Group, if bought under the classification of ‘consumer’ according to the ACL, are protected by obligatory guarantees that cannot be excluded by any terms or conditions we set. It’s important to us that nothing within our terms seeks to limit or alter those rights as provided under the Competition and Consumer Act 2010 (Commonwealth).
6.3. In situations where the ACL applies and the purchased goods or services aren’t primarily acquired for personal, domestic, or household use, we limit our liability for any breach of these guarantees, beyond those directly implied by sections 51, 52, or 53 of the ACL, to the following remedies:
a. For goods:
I. Replacement or supply of equivalent goods;
II. Repair of the goods;
III. Covering the cost of replacing the goods or of obtaining equivalent ones; or
IV. Covering the cost of having the goods repaired.
b. For services:
I. Resupplying the services; or
II. Covering the cost of having the services resupplied.
Beyond the assurances guaranteed by the ACL, LIV Property Group disclaims all other implied conditions, warranties, and guarantees to the maximum extent permitted by Law.
Website Availability
7.1. Access to the Website is provided on an “as is” and “as available” basis. We cannot guarantee that the Website will be available 100% of the time due to the nature of the Internet and other factors outside our control.
Liability Limitation
8.1. To the fullest extent permitted by law, LIV Property Group is not liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever arising from the use of the Website.
User Conduct
9.1. You agree not to use the Website in any manner that could damage, disable, overburden, or impair any LIV Property Group server, or the network(s) connected to any LIV Property Group server, or interfere with any other party’s use and enjoyment of the Website.
Termination of Use
10.1 LIV Property Group reserves the right to terminate your access to the Website at any time without notice for any breach of these Terms of Use.
Governing Law
11.1 These Terms of Service are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in this State.
Definitions and Interpretation
12.1. Terms such as “We”, “Our”, “Us” refer to LIV Property Group, and “You”, “Your” refer to the users of the Website. The glossary provided at the end of these Terms of Service shall apply.
Contact Information
13.1 For any inquiries or concerns regarding these Terms of Service, please contact LIV Property Group directly through the contact details provided on our Website.
13.2 By accessing and using the LIV Property Group Website, you signify your acceptance of and agreement to abide by these Terms of Service. We recommend you review these Terms regularly, as they are subject to change.
Glossary of Terms
14.1.0. This glossary provides definitions for terms used throughout the LIV Property Group website and its Terms of Use, aiming to clarify their meaning and ensure a better understanding for our users.
14.1.1. Australian Consumer Law (ACL): The section of the Competition and Consumer Act 2010 (Cth) that outlines the rights of consumers and the obligations of businesses in Australia. It provides a uniform set of rules for fair trading and consumer protection.
14.1.2. Consumer: An individual or entity who acquires goods or services for personal, domestic, or household use or consumption. This definition is aligned with the one provided in the Australian Consumer Law.
14.1.3. Goods: Any type of tangible property, including but not limited to real estate, personal items, and digital products, that are provided, sold, or distributed by LIV Property Group.
14.1.4. Services: Any type of assistance, support, consultancy, or management services offered by LIV Property Group. This includes Buyers Advocacy, Property Advisory, Town Planning Management, and Development Management.
14.1.5. Non-Excludable Guarantees: Rights and guarantees that are provided to consumers under the Australian Consumer Law that cannot be excluded, restricted, or modified by any agreement.
14.1.6. Terms of Use: The conditions and rules that govern the use of the LIV Property Group website and its services. Agreeing to these terms is a prerequisite for using the website and its services.
14.1.7. Intellectual Property Rights: Legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields. This includes, but is not limited to, content, trademarks, logos, designs, and software used or displayed on the LIV Property Group website.
14.1.8. Liability: The state of being legally responsible for something, especially in terms of any losses or damages that may arise from actions or services provided.
14.1.9. Breach: The violation of a law, duty, or other form of agreement.
14.2.0. Replacement: The action of substituting a product or service with another equivalent product or service, typically in the event of a fault or deficiency.
14.2.1. Repair: The action taken to fix any defects or issues with a product or service, bringing it back to its intended operational condition.
14.2.2. Resupply: Providing the service again, in instances where the initial service did not meet the agreed standards or expectations.
14.2.3. Website: Refers specifically to the online platform accessible through
www.livproperty.com.au, owned and operated by LIV Property Group.
14.2.4. User: Any individual or entity that accesses or uses the LIV Property Group website and its services.
14.2.5. This glossary is intended to aid in the comprehension of terms as they are specifically applied by LIV Property Group on its website and within its Terms of Use.