Conditions of Use

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on the Melbourne Investor website (Melbourne Investor) form the conditions of supply of material on, use of and access to Melbourne Investor. Your continued use of Melbourne Investor constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.

Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Melbourne Investor.

Melbourne Investor

The website that forms the network of Melbourne Investor sites are operated by Tomahawk Media (Melbourne Investor) ABN 59 112 099 591 (each of the company and the network of sites is referred to as 'Melbourne Investor') and its related bodies corporate. The sites include

• www.melbourneinvestor.com.au

These Melbourne Investor Conditions of Use govern your use of all sites that form part of the network of Melbourne Investor sites.

All terms and conditions that govern your use of Melbourne Investor (including disclaimers) may only be amended in writing signed by an authorised officer of Melbourne Investor and Melbourne Investor may amend them from time to time.

Accuracy of information and disclaimer of warranties

All material on Melbourne Investor is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Melbourne Investor is at your sole risk. Access to Melbourne Investor is provided on an 'as available' basis. Neither Melbourne Investor its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on Melbourne Investor will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Melbourne Investor will be uninterrupted, timely or secure. Melbourne Investor will not be liable for loss resulting from any action or decision by you in reliance on the information on Melbourne Investor, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

General information only - non advisory

The material on Melbourne Investor provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Copyright

The material provided on Melbourne Investor is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Melbourne Investor or the appropriate supplier or licensor of Melbourne Investor.

You may not use any part of the material on an Melbourne Investor site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Trademarks

The Melbourne Investor logo is a registered trademark of Melbourne Investor or its related bodies corporate. Other trademarks may be displayed on Melbourne Investor from time to time. These may belong to third parties. Nothing displayed on Melbourne Investor should be construed as granting any licence or right of use of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant owner.

Your conduct

As a condition of your use of Melbourne Investor or any services on Melbourne Investor, you warrant to Melbourne Investor that you will not use Melbourne Investor for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on Melbourne Investor. You agree to abide by all applicable laws and regulations.

In particular, you agree not to:

• use Melbourne Investor to defame, abuse, harass, stalk, threaten or otherwise offend others;
• publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
• use any automated scripting tools or software;
• engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Melbourne Investor;
• impersonate any person or entity;
• upload, post, e-mail, transmit or otherwise make available using Melbourne Investor any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
• breach any applicable laws or regulations.

Melbourne Investor has no obligation to monitor any user's use of Melbourne Investor, however Melbourne Investor retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. You will indemnify Melbourne Investor if Melbourne Investor or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Melbourne Investor

Third party links and advertising Hyperlinks and pointers to websites operated by third parties will appear on Melbourne Investor from time to time. These websites do not form part of Melbourne Investor and are not under the control of Melbourne Investor or its related bodies corporate and neither Melbourne Investor nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave Melbourne Investor and do so entirely at your own risk.

Melbourne Investor displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Melbourne Investor or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on Melbourne Investor, including via e-mail, Melbourne Investor accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Limitation of liability

Melbourne Investor and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise Melbourne Investor and its related bodies corporate exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Melbourne Investor's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Melbourne Investor's option, to:

in the case of services supplied or offered by Melbourne Investor:

• the re-supply of those services; or
• the payment of the cost of having those services re-supplied; and

in the case of goods supplied or offered by Melbourne Investor:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of having the goods replaced; or
• the payment of the cost of having the goods repaired.

You expressly agree and understand that in no circumstances will Melbourne Investor or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Melbourne Investor or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access Melbourne Investor or any material on Melbourne Investor; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on Melbourne Investor. Excluding liability for negligence the maximum liability of Melbourne Investor and its related bodies corporate is equivalent to the total of any amounts you have paid to Melbourne Investor and its related bodies corporate in respect of goods or services supplied to you by Melbourne Investor or its related bodies corporate through Melbourne Investor.

Applicable law

These conditions and all other specific and additional terms which govern your use or membership of and access to Melbourne Investor will be governed by and construed in accordance with the laws of the state of Victoria, Australia.