Please read these Site Terms & Conditions carefully before proceeding as they govern your use of this web site and any goods or services obtained through it.
This website is owned and operated by byDesign Graphics Pty Ltd and operates under the brand name Sydney Hills & Hawkesbury Living and the URL www.hillsandhawkesbury.com.au and related URLs.
This web site and any related web content that may be contained herein (collectively referred to as “the Site”) provides information, news, articles, stories and various forms of media formats designed to entertain and inform website visitors.
Content featured on the Site is based on information provided from a wide variety of sources and the Site and its owners do not accept responsibility for the accuracy of any content, articles, media, descriptions, representations or comments that may appear on the site.
byDesign Graphics Pty Ltd reserves the right to change, modify, add or remove sections of these Web Policies and to add to, change or discontinue the products, services, programs and information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes.
By using the Site, you agree to be bound by the following Agreement between you and the Site, comprising these Web Policies:
Personal and Non-commercial Use Limitation
The Site is for your personal, non-commercial use. You may not modify, adapt, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, license, create derivative works from, incorporate in other works (whether electronic or not), transfer, or sell any information, software, products or service found on or obtained from the Site (collectively, “Site Content””); provided that you may download, reproduce, and retransmit Site Content solely for non-commercial purposes within your organisation. With the exception of the foregoing limited authorisation, no licence or right in any copyright or other intellectual or industrial property right of the Site or any other party is granted or conferred to you.
Exclusions and Liability
The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to:
- warranties that your use or operation of the Site will be uninterrupted, virus free or error free
- warranties that the Site will be free of omission or inaccuracies
- implied warranties of merchantability or fitness for a particular purpose, other than those warranties or conditions which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement
Nothing in these Web Policies has the effect of excluding, restricting or modifying any non-excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by the Trade Practices Act 1974 (Commonwealth of Australia) or any other legislative provision.
Where the Site is not entitled to exclude a warranty, condition or term implied by law, and to the extent permitted by law, the Site’s liability for breach of any such warranty, condition or term is limited to:
- in the case of services, at the option of the Site, either the re supply of the services or payment of the cost of having the services re supplied
- in the case of goods, at the option of the Site, either the re supply of the goods or payment of the cost of having the goods re-supplied
Your use of the Site and your acquisition of services through the Site is at your own risk. To the extent permitted by law, the Site, its agents, representatives or licensors shall not be liable for any loss or injury or any damages whatsoever, whether direct, indirect, exemplary, punitive, special, incidental, consequential or otherwise, including without limitation claims for loss of profits, business, use, bargain or goodwill, loss or corruption of data, or loss of savings, resulting from, or in any way connected to, the use of or access to, or inability to use or access the Site or any information presented on the Site or any services provided through the Site, in each case regardless of whether based in contract, tort (including without limitation) negligence, equity, strict liability, statute or any other basis.
Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing but allows limitations of liability to a certain maximum extent, then the Site’s liability is limited to that extent .
To the extent permitted by law, you hereby waive any and all claims against the Site, its agents, representatives and licensors arising out of your use of the Site or any other Site Content.
Copyright and Proprietary Rights Information
The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of the Site and/or other third parties, or references to the same. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of the Site and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the contents of the Site, without the express written consent of the Site Owner or unless expressly authorised by law, is prohibited.
Your Representations and Warranties
You represent and warrant that:
- all information that you Submit is true and accurate
- all content Submitted by you is owned by you and the Site’s use of such content does not infringe or violate the intellectual property rights or any other rights of any third parties
Linked Web Sites
The Site may contain links (including, without limitation, sites linked through advertisements) which will enable you to leave the Site. The Site does not review or monitor any web sites linked to the Site and is not responsible for the content or accuracy of any such linked web sites. Your linking to any web sites is at your sole risk and subject to the terms and conditions of those sites. The Site is not responsible for the information, products, or services obtained on such other sites and will not be liable for any loss or damage arising from your access to or use of such sites. Any links to other sites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement of the linked sites or the content therein.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for a purpose that is unlawful or prohibited by these Web Policies and notices.
Without limitation to the foregoing paragraph, if you use the Site you are solely responsible for any content Submitted by you. You must not:
- use the Site for any purpose in violation of any Applicable Laws;
- impersonate any person, entity or corporation, or Submit a fictitious name or entity
- Submit any content that:
- infringes the intellectual property rights of any third party
- is unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
- contains a survey, contest, or pyramid scheme
- contains an improper question or suggestion
- stalk, harass or otherwise harm others;
- distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer;
- collect or store personal data about other users of the Site for any purpose;
- induce, entice, solicit, recruit, lure, or attempt to induce, entice, solicit, recruit, or lure other users or any of the Site’s employees, agents or contractors to another web site which, in the Site’s reasonable opinion, is a competitor of the Site
- engage in any other conduct that inhibits any other person from using or enjoying the Site
You agree to defend, indemnify and hold harmless the Site, and each of their officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Web Policies.
These Web Site Terms and Conditions will be governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Site as a result of this agreement or use of the Site.
Any rights not expressly granted to you herein are expressly reserved by the Site. The Site is a direct and intended third party beneficiary of these Web Policies and may enforce these Web Policies directly against you.
If any part of these Web Policies is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Web Policies constitute the entire agreement between the Site and you in relation to the Site, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Site and you in relation to the Site.
Your use of the Site is conducted electronically and you agree that the Site may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices.
These Web Policies were last updated on Wednesday 22 March 2017.