Terms of Use

1. Acknowledgement and acceptance of General Terms

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Your access to, use of, and linking to, www.greenmount.com (GM Site) and use of content on the GM Site is confirmation that you have understood these general terms and conditions of access and use (Terms) and constitutes your agreement to be bound by the Terms.  GreenMount Australia Holdings Pty Limited (GM or ‘we’) reserves the right to amend the Terms at any time and users are deemed to be aware of, and bound by, the amendments to the Terms upon publication on the GM Site.  Accordingly, we recommend that you review the Terms periodically.

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2. Using the Website

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You agree to:

• use the Website for lawful purposes only and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use;
• not misuse, modify, adapt, reproduce, distribute, publish or sell any content (including all text, graphics, logos, audio and software) (Content) on the Website; and
• take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems or otherwise.

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3. Accuracy and completeness of information

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The Website is provided ‘as is’ and ‘as available’.  The Content contained in the Website is not comprehensive, is only intended to provide a summary of the subject matter covered, does not take into account your personal circumstances and does not constitute legal advice.  To the maximum extent permitted by law, including New Zealand and Australian Consumer Law (as applicable), we make no warranties or representations about the Website or the Content, including that the operation of the Website will be secure, confidential, uninterrupted, error-free or free from computer viruses or Trojans, or that the Content is accurate, complete or up-to-date.  You should monitor the changes to the Content on the Website.

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We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content on it, or any feature of the Website at any time without notice. We may also, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. We will not be responsible for any loss, cost, damage or liability that may arise as a result or any of the foregoing.

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4. Intellectual Property Rights

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You acknowledge and agree that (unless otherwise indicated) all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in the Content are owned by us, or licensed by us from third parties.  Nothing in these Terms constitutes a transfer to you of any rights, title or interest in the Website or Content.  Any reproduction or redistribution of the Website or the Content is prohibited and may result in civil and criminal penalties.

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5. Linked sites

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The Website may contain links to websites operated by third parties.  Those links are provided for convenience only.  Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

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6. Our liability

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You use the Website at your sole risk.  To the maximum extent permitted by law, including under New Zealand and Australian Consumer Law (as applicable), in no event will we be liable to you or anyone else for:

• the Website being unavailable at any time for any period of time or if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website or the Content;
• any Content that is incorrect, inaccurate or incomplete;
• any terms or conditions implied by statute or law, unless we are not permitted at law to exclude such items or conditions;
• any negligence by us, our employees, agents, consultants or subcontractors in connection with your use of the Website or your reliance on the Content; or
• any direct or indirect loss, damage or expense (including loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damage), however it arises, whether in contract, statute or tort, arising out of, or in connection with the Website and or the Content, or in connection with any act or omission by us.

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7. Privacy Policy

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When you use the GM Site, our server, or our agent’s or contractor’s server (Server), logs the following information, provided by your browser:

• your server’s IP address (a number which is unique to the machine through which you are connected to the Internet) or your personal IP address;
• the type of browser and operating system you are using; and
• the domain name of the referring site (e.g. the previous website that you visited).

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The Server also logs:

• the date and time of your visit; and
• the URL address of the pages accessed and the documents down-loaded.

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This information does not personally identify you.  GM will not try to identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider’s logs or if your usage is causing technical issues for the GM Site which may need to be resolved. GM may in these circumstances identify your IP address to enable GM to contact you.

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8. General 

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If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.  

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These Terms are governed by, and will be construed in accordance with the laws of New South Wales, Australia.  You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and courts hearing appeals from those courts.

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