Terms of Use 2019-06-14T12:44:25+10:00

Terms of Use

This website is owned and operated by LodgeX Pty Ltd (“LodgeX”). Your use of this website (i.e. www.lodgex.com.au) and any material or content contained or included on this website or any webpages, sub-domains, and associated web-based or mobile applications (collectively “Website”) is subject to compliance with the terms contained in these Terms of Use. Your use of this Website constitutes acceptance of these Terms. If you don’t agree with these Terms of Use, do not access or use our Website and immediately discontinue use of this Website.

The last update to our Terms of Use was posted on 14 June 2019.

Governing Law and Jurisdiction

LodgeX is incorporated in the State of Victoria and the Commonwealth of Australia. All legal content on this Website relates only to the laws of Australia, unless specifically stated otherwise. By reading any material on this Website or by contacting LodgeX you are deemed to acknowledge and accept the laws of that jurisdiction and the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.

Any agreement deemed to be entered as a result of using this Website shall be treated as though it were executed and performed in the State of Victoria, Australia, and shall be governed by and construed in accordance with the laws of Victoria, Australia without regard to any conflict of laws.

Compliance with Laws

You agree to comply with all applicable Australian and international laws, statutes, ordinances and regulations regarding your use of this Website. LodgeX reserves the right to investigate complaints or reported violations of these Terms of Use and any applicable laws and to take any action we deem appropriate, including but not limited to cancelling any account or permission you may have with us, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information as allowed under our Privacy Policy.

Location of Host Server

The host server for this Website is located in Melbourne, Victoria, Australia.

Intellectual Property

All of the material, images, photographs, or illustrations displayed on this Website is © Copyright, LodgeX Pty Ltd, 2019 unless otherwise specifically noted, and is protected under the Copyright Act 1968 (Commonwealth of Australia) and international copyright laws.

This Website may contain our trade marks or service marks as well as those of our affiliates or other companies, in the form of words, graphics and/or logos. Your use of this Website does not constitute any right or licence for you to use any such trade marks or service marks. All trade marks used or depicted on this Website belong to LodgeX or the respective owners.

If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to LodgeX. You must not use any of our trade marks:

  • In or as the whole or part of your own trade marks;
  • In connection with activities, products or services that are not ours;
  • In a manner that may be confusing, misleading or deceptive; or
  • In a manner that disparages LodgeX or our information, products or services (including this Website).

Any copying, reproduction, adaptation, redistribution, use, commercialisation, display, transmission or publication of any part or all of the contents of this Website is strictly prohibited without the written permission of LodgeX except to the extent expressly permitted below. You may print one copy of information contained on this Website for your personal use provided that you include this copyright notice © Copyright, LodgeX Pty Ltd, 2019 on each copy, that you make no alterations to any of the pages and do not use any of the information in any other work or publication whatsoever whether the publication is paper based or electronic.

LodgeX does not warrant or represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with LodgeX. Nothing contained on the Website should be construed as granting any licence or right of use of any other person’s or entity’s trade marks which may be displayed on this Website, without their express permission.

No part of the information on this Website may be distributed or copied for any public or commercial purposes. Any unauthorised use of the material or images included on this Website may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.

You are prohibited from unlawfully using any of the copyright content and passing off content from this Website as your own. You are not permitted to “mirror”, “deep-link” or “frame” this Website within another website, and/or copy all or parts of this Website for re-use on your or another website.

 

Disclaimer of Liability

To the maximum extent permitted by law LodgeX will not be liable to you or anyone else for any loss or damage (whether direct, special, indirect, punitive, incidental, exemplary, consequential or otherwise) however caused (whether based on breach of contract, tort (including negligence), product liability or otherwise which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which may be hyperlinked to this Website.

The information contained on this Website is provided by us in good faith on an “as is” basis. LodgeX believes that all information given in the course of or in connection with this Website (whether by LodgeX itself or its employees or agents) is accurate and reliable. However, no warranty of accuracy, reliability or completeness as to such information is given, and no responsibility for loss arising in any way from or in connection with errors or omissions in any information provided (including responsibility to any person by reason of negligence) is accepted by LodgeX or by any of its agents or employees.

The information contained on this Website is not extensive, is not intended to be relied on by any person and is intended solely to assist clients in appreciating the nature of the services provided and issues concerned in relation to electronic conveyancing. You must make your own assessment of the information on this Website, and you rely on it at your own risk. LodgeX cannot accept responsibility for decisions made solely on the basis of this information without the benefit of appropriate and specific professional advice in particular circumstances, and we recommend that appropriate and specific professional advice be sought before acting on any such information or advice.

LodgeX has procedures in place to check whether the operation of this Website, including materials posted to it, might have been compromised by malicious code.  However, we cannot guarantee that such operation is free of malicious code and we do not accept any responsibility for any damage or loss caused by any such code. LodgeX does not warrant or represent that the information provided on this Website is free of any computer virus or any defects or errors. LodgeX is not liable to visitors to its Website or any other party for any loss or damage however caused, whether by negligence or otherwise, resulting directly or indirectly from the downloading or use of any files or material on its Website, and LodgeX’s liability in such an event is limited to the re-supply of its own files from this Website. You must take your own precautions to ensure that whatever your select for your use from this Website is free of viruses or anything else (such as worms or Trojans) that may interfere with or damage the operation of computer systems or portable electronic devices. LodgeX recommends that prior to using any downloaded file users should carry out an appropriate virus check.

 

Indemnification

You agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by these Terms or by law. You agree to indemnify, defend and hold harmless LodgeX, its partners, employees, agents and contributors from any liability, loss, claim and/or expense (including reasonable legal fees) related to your breach or violation of these Terms.

Links

LodgeX has not reviewed all of the sites linked to this Website and is not responsible for the contents of any off-site pages or any other sites linked to this Website. The inclusion of any link to such sites does not imply any endorsement, approval, recommendation or preference by LodgeX of any such sites or of any information, products or services referred to on any such sites. Unless stated otherwise, we have no relationship with the owners or operators of any such sites linked to this Website, and no control over or rights in such websites. Your linking to any other off-site pages or other sites is at your own risk. LodgeX cannot provide any warranty about the accuracy or source of any data set out on any of those servers or websites or the content of any file the user downloads from such a third party site. LodgeX will remove any link to this Website upon request from the linked entity.

Commercial Electronic Messaging

If you express any interest in any products or services or information through your use of this Website, you consent to LodgeX sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us or for which you or your employer (or your employer’s related bodies corporate) are the relevant electronic account holder.

Privacy

These Terms of Use incorporate and should be read together with LodgeX’s Privacy Policy.

Use of Cookies

We may collect your personal information through the use of cookies. When you access our Website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our Website without bothering you with a request to register. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. Our cookies may also measure traffic patterns, to determine which areas of our Website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

The Website uses the following cookies:

  • Strictly necessary cookies, which are required for the operation of the Website.  Without them, you would not be able to register or log in for the Website or access the services that LodgeX offers.
  • Analytical/performance cookies, which allow LodgeX to recognise and count the number of visitors, learn how visitors navigate the Website and improve the Website.
  • Functionality cookies, which LodgeX uses to recognize you when you return to the Website.

General

Should any of these Terms of Use be held to be invalid or unenforceable, that part will be construed consistent with applicable laws and the remaining parts of these Terms of Use will remain in full force and effect. To the extent that any content in this Website conflicts or is inconsistent with these Terms of Use, the provisions of these Terms of Use take precedence. Any failure by us to enforce any rights or provisions of these Terms of Use will not be deemed to be a waiver of such provision nor of the right to enforce any such provision or rights.

The rights of LodgeX under these Terms of Use survive any termination of these Terms of Use or any agreement deemed to be entered into in relation to this Website.

In the absence of any further written agreement that may be signed by LodgeX, these Terms of Use constitute the entire and only agreement between you and LodgeX, and supersede all other agreements, representations, warranties and understandings with regard to this Website and the subject matter contained on this Website.

We may amend our Terms of Use at any time without specific notice to you, however we do not undertake to keep this Website updated and we are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date. The latest version of our Terms of Use will be posted on our Website, and you should review all Terms of Use prior to using our Website. After any revisions of our Terms of Use are posted, you agree to be bound by any such changes to those Terms of Use, and it is important for you to periodically review our Terms of Use to make sure that you still agree to those Terms of Use.