TERMS & CONDITIONS

These Website Terms of Use apply to this website which is operated by MORPLEA Pty Ltd T/A Leah Jay ABN 31 069 994 921 under the domain name https://www.leahjay.com.au or www.ljpm.com.au (“Website”).

Leah Jay (referred to as “we”, “us”, “our”) includes the operating entities listed at https://www.leahjay.com.au.

By proceeding beyond the homepage you agree to accept these Terms of Use and we agree to grant you a non-exclusive, non-transferable licence to use this website in accordance with the conditions set out below.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

Copyright & Submitted Material

All materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by Leah Jay. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

You acknowledge and agree that if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such contributions to us. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (collectively “Feedback”), will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded.

Warranties & Disclaimers

The Content and this Website are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of the Content or this Website in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We reserve the right to make any change to the Content without notice. We may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

  • constitute an offer or inducement to enter into a legally binding contract
  • form part of the terms and conditions for our products and services
  • purport to provide you with personal financial or investment advice of any kind; or
  • take account of your particular financial position or requirements.

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Information provided on this Website should not be used as a substitute for consultation with a property management professional. Before making any decision or taking any action you should consult a Leah Jay professional.

Intellectual Property

This website contains copyright material owned by Leah Jay or provided by third parties for use on this website. All rights are reserved. The material on this site may be used for personal use only and must not be otherwise used without the prior written consent of Leah Jay.

Privacy

Leah Jay collects, uses and discloses personal information in accordance with the Leah Jay Privacy Policy and the Privacy Act 1988. Usage of the website is tracked to assist Leah Jay in service development and improving the quality of the website.

User Conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

  • Disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites
  • Disrupt or interfere with any other user’s enjoyment of this Website or linked websites
  • Use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website
  • Reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website
  • Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity
  • Engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trade marks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code
  • Attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access
  • Post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Third Party Material & Links to Other Site

Third party material on this website is not maintained or verified by Leah Jay and you should independently check its accuracy, currency, completeness and relevance prior to using it. Views or recommendations in third party material do not necessarily reflect the views of Leah Jay and the inclusion of such views or recommendations on this website does not indicate an endorsement of those views or recommendations by Leah Jay.

Links to other websites or third parties’ details are for convenience only and may assist persons in relation to real estate practice. These links are provided on the understanding that Leah Jay does not endorse those websites or third parties or any associated organisation, product or service. You should make your own enquiries about the material on the websites or of third parties.

Currency

A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise. 

Applicable Law

These Terms of Use are governed by and construed in accordance with the laws of New South Wales and Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales and Australia.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws.