ICON HOMES WEBSITE TERMS AND CONDITIONS OF USE
Welcome to the iconhomes.com.au website (“Website”) which is operated by Icon Homes NSW Pty Limited, its related companies and trusts (together referred to as ” Icon Homes”). Please read our Terms and Conditions of Use (the “Terms and Conditions”) carefully as they apply to your use of this Website. By accessing or using this Website, you agree to be bound by these Terms and Conditions. The Terms and Conditions are meant to protect all of our Website visitors and your use of this Website signifies your agreement with these Terms and Conditions. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
Icon Homes reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This website is controlled and operated by Icon Homes NSW. All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by Australia and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Icon Homes, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Icon Homes. Content on this website or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Icon Homes s or the Providers. Without the prior written consent of Icon Homes or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the iconhomes.com.au and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this website, you warrant to Icon Homes that you will not use our website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our website immediately terminates without the necessity of any notice. Icon Homes retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this website without prior written consent of Icon Homes.
This website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Icon Homes control, and Icon Homes is not responsible for, and does not endorse, such content, whether or not Icon Homes is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this website or provide any links that state or imply any sponsorship or endorsement of your web site by Icon Homes, or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
All content on this website is provided “as is” and without warranties of any kind either express or implied. Other than those warranties which, under the Australian laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Icon Homes disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Icon Homes, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this website warrant that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this website is provided solely for your convenience and information only. Icon Homes does not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this website.
You expressly agree that use of this website is at your sole risk. You (and not Icon Homes) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Icon Homes, nor its affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this website, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted used of this website or any other linked site. By way of example, and without limiting the generality of the foregoing, Icon Homes and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this website. You expressly acknowledge and agree that Icon Homes is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Icon Homes liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Icon Homes and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Icon Homes and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ICON HOMES.