Terms and Conditions
Last Updated: 21st March 2023
Please read these Terms of Use (“Terms”) carefully before using the Market Town Wetherill Park website located at www.markettown.com.au (“Site”) or any services provided by Market Town Wetherill Park (“Market Town Wetherill Park,” “we,” “us,” or “our”). These Terms govern your access to and use of the Site and its services.
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Site or our services.
1. Eligibility
To access and use the Site and our services, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. By using the Site, you represent and warrant that you meet these eligibility requirements.
Account Registration
To use certain features of the Site, you may be required to create an account. When registering an account, you agree to provide accurate, current, and complete information about yourself and your business. You are responsible for maintaining the confidentiality of your account login credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
2. Business Listings
By submitting a business listing to the Site, you represent and warrant that:
a. You have the authority to represent the business you are listing and to provide the information you submit.
b. The information you submit is accurate, current, and complete.
c. Your listing does not infringe any third-party rights or violate any applicable laws or regulations.
We reserve the right, in our sole discretion, to reject, remove, or modify any business listing that does not comply with these Terms or for any other reason.
3. Intellectual Property
All content, including but not limited to text, graphics, images, and software, on the Site is the property of Market Town Wetherill Park or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or modify any content on the Site without our prior written consent.
4. User Content
By submitting, uploading, or posting content to the Site, you grant Market Town Wetherill Park a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and our business.
You represent and warrant that you have the necessary rights to grant this license and that your content does not infringe any third-party rights or violate any applicable laws.
5. Prohibited Conduct
You agree not to engage in any of the following activities while using the Site:
a. Upload or post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
c. Engage in any activity that violates any applicable laws, rules, or regulations.
d. Use the Site for any fraudulent or illegal purposes.
e. Attempt to gain unauthorized access to the Site or any related systems or networks.
6. Third-Party Links
You acknowledge and agree that Market Town Wetherill Park shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to the Site and our services, without prior notice, for any reason or no reason, including, without limitation, your breach of these Terms. Upon termination, your right to use the Site will cease immediately.
8. Disclaimer of Warranties
The Site and our services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, that any defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
9. Limitation of Liability
In no event shall Market Town Wetherill Park, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use or inability to use the Site, our services, or any content on the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Market Town Wetherill Park, its affiliates, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, our services, or your violation of these Terms.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in [Jurisdiction] to resolve any legal matter arising from these Terms.
12. Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes to the Terms constitutes your acceptance of the revised Terms. We encourage you to review the Terms periodically to stay informed about any updates or modifications.
13. Contact Us
Questions about these Terms of Service should be sent to us at info@markettown.com.au