Last Modified: 24th January 2020
- A. General
- 1. These terms and conditions, incorporating the Privacy Policy and any other terms, conditions, notices and disclaimers published, displayed or otherwise provided to you by Giritharan Group Pty Ltd or its affiliates (collectively referred to herein as "Giritharan Group", "Anywhere Auctions", "we", "our" or "us"), applies to the use of, and access to, this website, including any sub-platforms of this website such as mobile sites and apps ("the Terms and Conditions"). Any reference to this website includes any sub-platform of this website and any reference to a sub-platform of this website includes this website.
- 2. By using our services and/or this website, including any sub-platforms of this website, you acknowledge and agree to be bound by the terms, conditions, notices and disclaimers in our Terms and Conditions.
- 3. To the fullest extent permitted by law, you acknowledge and agree that Giritharan Group reserves the right to modify or vary any terms, conditions, notices or disclaimers in relation to these Terms and Conditions, at our sole and absolute discretion, without notice and without liability to you or any third party, including without limitation, to reflect any changes in the law, technology or our operations and services.
- 4. You acknowledge and agree that Giritharan Group may assign or transfer its rights or obligations under these Terms and Conditions without your consent.
- 5. In the event the Terms and Conditions are modified or varied in any way whatsoever, your use and/or continued use of this website, including any sub-platforms of this website, constitutes your acceptance of any modified or varied Terms and Conditions.
- 6. Should you object to these Terms and Conditions, or any modifications or variation to these Terms and Conditions, your sole remedy is to immediately cease your use of our services and/or this website, including any sub-platforms of this website.
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B. Your Use and Access to our Auction Platform Services
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7. This website, including any sub-platforms of this website, allows you to do the
following, including without limitation:
- (a) search and view the real estate listed on this website;
- (b) register to bid at auction for any real estate listing online;
- (c) livestream an auction of any listed real estate;
- (d) access an online bidding platform for any listed real estate and bid on any listed real estate at auction; and
- (e) electronically execute a legal instrument, including, as applicable, a Contract of Sale to purchase real estate ("the Auction Platform Services").
- 8. Whilst you may search and view real estate listed on this website, you must register to use and access all other facilities and services available on this website, including the Auction Platform Services.
- 9. All intended purchasers and signatories to a Contract of Sale to purchase real estate or any other legal instrument required in accordance with the applicable laws of the State or Territory in Australia which the real estate is located, must register on this website.
- 10. To successfully register and create an account on this website, including any sub-platforms
of this website, you must:
- (a) provide true, accurate, complete and up to date information and data as required from time to time by Giritharan Group and/or any authorised third party real estate agent;
- (b) obtain and upload colour copies of one-hundred (100) points of identification documents; and
- (c) have your identity personally verified by an authorised third party real estate agent.
- 11. The one-hundred (100) points of identification documents required to be obtained
and uploaded to this website on registration may, without limitation, comprise of the
following:
- 11.1 Primary Documents
A primary document constitutes seventy (70) points. You must provide at least one (1) primary document from the following:
- (a) full birth certificate;
- (b) current passport; or
- (c) Australian citizenship certificate.
- 11.2 Secondary Documents
You must provide at least one (1) or more secondary documents.
The secondary documents that constitute forty (40) points are as follows:
- (a) licence or permit issued under an Australian law which includes your photograph and/or signature (such as a Driver's Licence or Boat Licence). In lieu of a licence or permit issued under an Australian law which includes your photograph and/or signature (such as a Driver's Licence or Boat Licence), you must provide at least two (2) of the following:
- (b) one (1) bank statement;
- (c) one (1) credit card statement; or
- (d) a Medicare card which includes your full name.
- 11.1 Primary Documents
A primary document constitutes seventy (70) points. You must provide at least one (1) primary document from the following:
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12. The one-hundred (100) points of identification documents must be:
- (a) legible and clearly identifiable; and
- (b) in colour.
- 13. It is a requirement that any identification documents you provide be accompanied with a clear colour photograph of you holding these identification documents next to your face clearly displaying any photograph or identifying material contained in the identification documents. Failure to provide a clear colour photograph when requested may result in the rejection or refusal of your registration, or the suspension, cancellation or deregistration of your account.
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14. You will be unable to register in the event that you cannot provide at least one (1) of
the following documents:
- (a) current passport; or
- (b) licence or permit issued under an Australian law which includes your photograph and/or signature (such as a Driver's Licence or Boat Licence).
- 15. Each registration is personally reviewed by an authorised third party real estate
agent. We make no representations, statements or warranties as to the following:
- (a) that your registration shall be accepted by the authorised third party real estate agent;
- (b) the timeliness of processing any registration application by an authorised third party real estate agent;
- (c) the outcome of any registration application processed by an authorised third party real estate agent.
- 16. You acknowledge and agree that:
- (a) your use and access to our Auction Platform Services is subject to your successful registration on this website.
- (b) your identity shall be personally verified by an authorised third party real estate agent. Giritharan Group does not undertake, and is not responsible for verifying your identity and/or the identity of any user registered or seeking to be registered on this website.
- (c) you must comply with all reasonable requests to verify your identity by an authorised third party real estate agent. Failure to comply with all reasonable requests by an authorised third party real estate agent may result in the rejection or refusal of your registration, or the suspension, cancellation or deregistration of your account;
- (d) if you wish to use the Auction Platform Services, you must have your identity personally verified by an authorised third party real estate agent forty-eight (48) hours prior to the commencement of any auction.
- (e) you are responsible for ensuring your registration has been processed at least seventy-two (72) hours prior to the commencement of any auction. Failure to successfully register at least seventy-two (72) hours prior to the commencement of any auction may mean you are unable to livestream the auction, access the online bidding platform and/or bid at the auction.
- (f) you are responsible for ensuring that all persons who intend to, or are otherwise required to execute the Contract of Sale and any other legal instrument on a successful bid at the auction are registered on this website at least seventy-two (72) hours prior to the commencement of any auction.
- (g) you may be requested from time to time to provide additional information, data or personal identification documents by Giritharan Group and/or an authorised third party real estate agent. Failure to provide the additional information, data or personal identification documents may result in the rejection or refusal of your registration, or the suspension, cancellation or deregistration of your account.
- (h) in order to ensure the integrity of this website and its services, Giritharan Group reserves all its rights, in its sole and absolute discretion, to reject or refuse your registration, or otherwise suspend, cancel and deregister any user from its website for any reason whatsoever. Giritharan Group is not required to provide any reason, explanation or clarification as to the rejection or refusal of any registration, or suspension, cancellation or deregistration of any user. For the avoidance of any doubt, Giritharan Group may reject, suspend, cancel and/or deregister your account for any reason whatsoever notwithstanding your registration was or has been accepted by an authorised third party real estate agent.
- (i) you are responsible for conducting your own due diligence check in relation to any real estate listed on this website.
- (j) you are responsible for obtaining any legal or financial advice in relation to any real estate listed on this website, including obtaining any valuation, condition report and/or advice regarding the Contract of Sale and/or any other legal instrument to purchase any real estate listed on this website.
- (k) you are responsible for ensuring that you have read and understood the Contract of Sale and/or the Vendor Statement and/or any other legal instrument required by the applicable Australian State and Territory laws in relation to the purchase of any real estate listed on this website.
- (l) Giritharan Group uses all reasonable endeavours and reasonable safeguards to implement and provide you with use and access to this website, including its Auction Platform Services, however it does not make any representations, statements or warranties whatsoever that your use or access shall be timely, secure, free from interruption or free from error.
- (m) your use of, or access to, this website may be temporarily suspended or unavailable for any reason whatsoever, including, without limitation, due to technical difficulties with your internet connection and/or service provider, in the case of system failure, maintenance or repair works. To the fullest extent permitted by law, Giritharan Group accepts no liability and takes no responsibility for any lack of access or inability to use the website or any of its services.
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17. You warrant that:
- (a) all information and data provided by you to us through this website (including as part of the registration process) or otherwise is true, accurate, complete and up to date.
- (b) should any of your information or data provided to us be inaccurate, incomplete or have changed in anyway, you will promptly amend or update that information or data to ensure that it is true, accurate, complete and up to date.
- (c) your Login ID and password used to access this website, including its Auction Platform Services, and any other details of your account are kept in a safe and secure location.
- (d) you are the only person to use your Login ID and password or account details to use and access this website, including its Auction Platform Services.
- (e) you have not knowingly provided your Login ID and password or account details to another person.
- (f) you are responsible and liable for the actions of any person that uses or engages in any unauthorised use of your Login ID and password or account on this website (including any unauthorised use of your credit card).
- (g) you will notify us if you are, or become aware of, or otherwise have grounds to believe that there is, or has been, an unauthorised use of your Login ID and password, or your account, or any other security breach relating to your account with our website and our services.
- (h) you must comply with all relevant and applicable laws, rules, regulations, standards and codes to use this website and our services.
- (i) should you successfully place the highest bid at any online auction facilitated through this website, including any sub-platforms of this website, and that bid is accepted by the authorised real estate agent conducting the auction, you have full power and authority to enter into any Contract of Sale for the purchase of real estate and any other legal instrument as required by the laws in the applicable Australian State or Territory in which the real estate is located.
- (j) you will not engage, permit or entice another person to:
- i. use this website, including its Auction Platform Services, for any activities or conduct that breaches or is contrary to any laws, regulations, rules, standards or codes in force from time to time or otherwise infringes a third party's rights;
- ii. use this website in any manner or way, or post to or transmit to the website any material, which interferes, defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the website and its services, including its Auction Platform Services;
- iii. make fraudulent or speculative enquiries or requests through the website;
- iv. make unreasonable, false, fraudulent or dummy bids through the website;
- v. use another person's details (including their personal information, Login details and password or account details) without their permission or impersonate another person when using the website;
- vi. create any registered account by automated means or under false or fraudulent pretences;
- vii. sign (whether in person, electronically or otherwise) any documents on behalf of any person but yourself and/or company entity to which you are not a director and/or secretary, unless you have the proper authority and permission granted by means of power of attorney or other legal instrument recognised by the law of the country in which you reside;
- viii. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- ix. tamper with or hinder the operation of the website, including its Auction Platform Services;
- x. knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to this website;
- xi. modify, adapt, translate or reverse engineer any portion of this website;
- xii. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website, including the sub-platforms of this website;
- xiii. reformat or frame any portion of the web pages that are part of this website, including the sub-platforms to this website; and/or
- xiv. use this website other than in accordance with these Terms and Conditions.
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7. This website, including any sub-platforms of this website, allows you to do the
following, including without limitation:
- C. Third Party Content
- 18. Unless expressly stated to the contrary, all information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures and videos in relation to any real estate listed on this website is prepared, produced, provided and uploaded by or on behalf of an authorised third party real estate agent ("Third Party Content").
- 19. All enquiries, requests or concerns in relation to the Third Party Content must be directed to the authorised third party real estate agent associated with the real estate listing.
- 20. You acknowledge and agree that:
- (a) this website, including any sub-platforms of this website, contains Third Party Content.
- (b) you rely on the Third Party Content at your own risk.
- (c) you are responsible for making your own enquiries, conducting your own due diligence and/or obtaining any legal or financial advice in relation to the Third Party Content.
- (d) Giritharan Group make no representation, statement or warranty, either expressly or implicitly, in relation to the accuracy, timeliness, performance, completeness or suitability of the Third Party Content found or offered on this website, or any of its sub-platforms.
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D. The Auction Platform Services
- 21. You must register your virtual attendance at an auction at least seventy-two (72) hours prior to the commencement of that auction. Failure to register your virtual attendance at least seventy-two (72) hours prior to the commencement of the auction may mean you are unable to live stream the auction, access the online bidding platform and/or bid at the auction.
- 22. Any auction for any real estate listed on this website shall be conducted by an authorised third party real estate agent in accordance with the laws as applicable to the Australian State or Territory in which the real estate is located.
- 23. Excluding any reasons out of our control, the online platform provides:
- (a) a live and uninterrupted video stream;
- (b) a mechanism to communicate with the authorised third party real estate agent; and
- (c) a numerical representation in real time of every bid in Australian currency accepted by the authorised third party real estate agent conducting the auction, including the status of those bids ("the Auction Bid Ladder").
- 24. The Auction Bid Ladder is at all times the responsibility of the authorised third party real estate agent to maintain and update.
- 25. All bids are made and accepted in Australian currency or Australian dollars.
- 26. You shall be notified of the highest value bid you make and whether such bid has been accepted or rejected by the authorised third party real estate agent. All lower value bids made by you are considered to have been rejected upon acceptance or rejection of your highest bid.
- 27. Should the real estate be passed in by the authorised third party real estate agent as
it does not reach the vendor's reserve price:
- (a) if you have been the last and highest bid made for the real estate, you shall be contacted by the authorised third party real estate agent for the right to negotiate with the vendor for the purchase of the property;
- (b) if you were not the last or highest bid made for the real estate, you are responsible for contacting the authorised third party real estate agent to negotiate and/or make any further offers on the property.
- 28. In the event you were not the last or highest bid made for the real estate and the real estate is passed in by the authorised third party agent, this website allows you to leave a comment and/or request that the authorised real estate agent contact you about the property ("Passed In Protection").
- 29. Should you be successful at auction, you must execute the Contract of Sale and any other legal instrument required in accordance with the laws as applicable to the Australian State or Territory in which the real estate is located, where the same is made available to you by the authorised third party real estate agent.
- 30. You acknowledge and agree that:
- (a) Giritharan Group is not responsible for the facilitation and/or conduct of any auction for any real estate listed on this website.
- (b) Giritharan Group is not responsible for any technical errors, system malfunctions, lags, delays or failure in the video stream of the auction.
- (c) Giritharan Group is not responsible for any technical errors, system malfunctions, lags, delays or failure in the Auction Bid Ladder, nor is the Giritharan Group responsible for populating the information set out in the Auction Bid Ladder.
- (d) Giritharan Group is not responsible for any technical errors, system malfunctions, lags, delays or failures in relation to any bid auto-rejection or auction day system malfunctions.
- (e) Giritharan Group make no representations, statements or warranties as to the
following:
- i. the accuracy and completeness of the information in the Auction Bid Ladder;
- ii. the timeliness of imputing, populating, uploading and/or processing any information for the Auction Bid Ladder;
- iii. the outcome of any auction;
- iv. that the authorised third party real estate agent will contact you if the real estate has been passed in to ascertain your interest in purchasing the real estate, negotiating the purchase of the real estate and/or accepting any further offers on the real estate by way of private treaty;
- v. that the authorised third party agent will contact you from your use of the Passed In Protection;
- vi. the outcome of any communications you have with the authorised real estate agent, including your negotiations for the purchase of the real estate and/or making any further offers on the real estate by way of private treaty.
- (f) Any comments or requests you make using Passed In Protection does not constitute an offer capable of acceptance by the authorised real estate agent on behalf of the vendor/s and is to be treated as a request for contact or an expression of interest.
- (g) If you are located in a different time zone to the auction site, it is your responsibility to ensure you calculate the difference in the time zone, including any variables for Australian daylight savings time.
- (h) You cannot retract any accepted bid by an authorised third party real estate agent on the online platform.
- (i) The authorised third party real estate agent can refuse or reject any online bids in
their sole and absolute discretion for reasons including, without limitation:
- i. the bid is less than the latest bid made on the real estate either online or on site;
- ii. the bid is unreasonable; or
- iii. the bid is below the set increment stated by the authorised third party real estate agent.
- 31. Giritharan Group did not prepare, produce or otherwise contribute in any way to the drafting of the Contract of Sale and any other legal instrument required in accordance with the laws as applicable to the Australian State or Territory in which the real estate is located.
- 32. Any currency converters or exchange rates displayed or made available on this website are sourced from reputable third parties. However, Giritharan Group does not represent, state or warrant the accuracy timeliness, performance, completeness or suitability of the currency converter.
- E. The Payment Gateway
- 33. You are responsible for ensuring your ability to pay the required deposit on the purchase of any real estate listed on this website.
- 34. You are required to provide credit card details upon registration to bid on any real estate listed on this website using the Auction Platform Services.
- 35. You are not required to provide credit card details upon registration if you do not intend to bid on any real estate listed on this website using the Auction Platform Services.
- 36. Where a maximum of two (2) persons intend to purchase the real estate listed on this website and are to be signatories to any Contract of Sale or other legal instrument as required in accordance with the applicable laws of the Australian State or Territory in which the real estate is located, the person who bids must provide credit card details upon registration. For the avoidance of any doubt, as long as one (1) person who intends to bid to purchase any real estate listed on this website provides credit card details, any other intended purchaser or signatory is not required to provide credit card details upon registration.
- 37. Your nominated credit card provided on registration shall be subject to a pre-authorisation hold of deposit funds at least forty-eight (48) hours prior to the commencement of any auction where you intend on bidding. The pre-authorisation hold amount is determined by the authorised third party real estate agent in its sole and absolute discretion, but shall not be less than AUD $1,500 and no more than AUD $2,500.
- 38. You must ensure your nominated credit card is capable of being pre-authorised for the required deposit amount at least forty-eight (48) hours prior to the commencement of any auction that you virtually attend and bid. Failure to obtain credit card pre-authorisation at least forty-eight (48) hours prior to the commencement of the auction may mean you are unable to bid at the auction.
- 39. In the event that you have provided your nominated credit card details and that credit card has not been pre-authorised for the required deposit amount at least forty-eight (48) hours prior to the commencement of any auction, you may be provided with an option to remedy any error in authorisation by no later than 4:00 pm (Australian local time) one (1) day prior to the commencement of the auction. You are unable to bid at the auction if you fail to remedy any error in the pre-authorisation of your credit card by 4:00 pm (Australian local time) one (1) day prior to the commencement of the auction.
- 40. If you are successful at auction, the partial deposit payable on the real estate is automatically processed from the pre-authorisation funds held on your nominated credit card.
- 41. Giritharan Group cannot refund any pre-authorised amount to you or your nominated credit card. In the event that you are successful at auction and your pre-authorised amount is processed, any request for a refund is a private matter to be determined between you and the authorised third party real estate agent. For the avoidance of any doubt, you acknowledge and agree that Giritharan Group is not responsible for any request for a refund which you may make, and that refunds are a private matter to be determined between yourself and the authorised third party real estate agent.
- 42. You acknowledge and agree that:
- (a) Giritharan Group does not store, authorise or process your credit card details.
- (b) your credit card details are stored and processed by a third party payment gateway that holds an Australian financial services license for non-cash payment services, Zai Australia Pty. Ltd. (ABN 96637632645).
- (c) you are responsible for ensuring there are sufficient funds available on your credit card to process the required pre-authorisation hold amount.
- (d) you are responsible for payment of the remainder of the deposit of the purchase price of the property to the authorised third party real estate agent and/or any other required party, such as the vendor's legal practitioner or conveyancer.
- (e) you and the authorised third party real estate agent are responsible for arranging how, when and the mechanism as to how the remainder of the deposit of the purchase price of the property is to be paid.
- (f) Giritharan Group makes no representations, statements, guarantees or warranties and accepts no liability for the security of your credit card details provided to, stored, held and processed by Zai Australia Pty. Ltd.
- (g) Giritharan Group makes no representations, statements, guarantees or warranties and accepts no liability for any pre-authorisation credit card hold or processing any amount on your nominated credit card.
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F. Intellectual Property
- 43. For the purposes of these Terms and Conditions, "intellectual property" includes copyright (including future copyright), trademarks (registered and unregistered), trade, business and company names, trade secrets and other proprietary rights, or any rights to registration of those rights, whether created before or after the last modified date of these Terms and Conditions, and whether in Australia or elsewhere.
- 44. Giritharan Group is the owner or authorised user of all intellectual property in or associated with this website, including its sub-platforms.
- 45. You are not permitted to copy, reproduce, modify, transmit, post, use, licence or distribute, whether electronically or otherwise, any intellectual property derived from this website, including its sub-platforms.
- 46. Any non-authorised copies, production, modification, transmissions, postage, usage or distribution of our website material constitutes a breach of our intellectual property rights and/or a breach of the intellectual property rights of a third party.
- G. Privacy
- 47. Any personally identifiable information that you provide, upload or submit through or in relation to this website, including its sub-platforms, is collected, used and stored by us in accordance with our Privacy Policy.
- H. Limitation of Liability
- 48. To the fullest extent permitted by law, we exclude any liability for any direct or indirect
loss or loss of opportunity, damage, cost or expense, however or wherever incurred,
including, but not limited to any loss or loss of opportunity, damage, cost or expense
that arises from or is otherwise connected with:
- (a) your use or misuse of this website, including its sub-platforms;
- (b) your use or misuse of any information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures and videos or any information or material on this website, including its sub-platforms;
- (c) your use or misuse of any Third Party Content;
- (d) your inability to register on this website, including its sub-platform;
- (e) your failure to provide the requisite information, data and/or material required and necessary for registration and verification of identity;
- (f) your rejection or refusal of registration on this website or the suspension, cancellation or deregistration of your account either by Giritharan Group or the authorised third party real estate agent;
- (g) the verification of identity process conducted by the authorised third party real estate agent;
- (h) any registered user of this website whose accounts were created by automated means or under false or fraudulent pretences;
- (i) your inability to use or access this website, including its Auction Platform Services;
- (j) your inability to use or access any information, documents, data, reports, specifications, text, comments, recommendations, reviews, opinions, images, pictures and videos or any information or material on this website, including its sub-platforms;
- (k) any inaccuracies or errors in any information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures and videos or any information or material on this website, including its sub-platforms;
- (l) your inability to use or access any Third Party Content;
- (m) any inaccuracies or errors in any Third Party Content;
- (n) the loss or modification of any information (including personal information), documents or data transmitted to or from this website, including its sub-platforms;
- (o) the loss of confidentiality in any information (including personal information), documents or data transmitted to or from this website, including its sub-platforms;
- (p) the conduct of any auction for any real estate listed on this website, including its sub-platforms;
- (q) the outcome of any auction for any real estate listed on this website, including its sub-platforms;
- (r) any actions or omissions of the authorised third party real estate agent and/or auctioneer before, during and/or after the auction of any real estate listed on this website, including its sub-platforms;
- (s) any representations, statements or warranties made by the third party authorised real estate agent and/or the auctioneer in relation to the real estate listed on this website, including its sub-platforms;
- (t) the population of information on the Auction Bid Ladder, including its accuracy, completeness and timeliness;
- (u) the compliance of any auction for any real estate listed on this website with the laws of the Australian State or Territory in which the real estate is located;
- (v) the compliance of any Contract of Sale and any other legal instruments prepared, provided and uploaded by the authorised third party real estate agents with the laws of the Australian State or Territory in which the real estate is located;
- (w) any interruption, suspension, delay in operation or transmission of this website, including the Auction Platform Services, for any reason whatsoever;
- (x) your use or misuse of any currency exchange rate facility available on this website;
- (y) your use or misuse of the Payment Gateway; and
- (z) the use or misuse of this website or any information, data and material on this website by other users, the authorised third party real estate agent or any other third parties.
- 49. If to the extent that any of the above exclusions set out in item 50 of these Terms and Conditions are void by operation of law, then you unequivocally acknowledge and agree that Giritharan Group's liability for breach of a condition or warranty is limited to the user's pre-approved credit card amount, which is not less than AUD $1,500 and no more than AUD $2,500.
- 48. To the fullest extent permitted by law, we exclude any liability for any direct or indirect
loss or loss of opportunity, damage, cost or expense, however or wherever incurred,
including, but not limited to any loss or loss of opportunity, damage, cost or expense
that arises from or is otherwise connected with:
- I. Indemnity
- 50. You agree to release, hold harmless and indemnify Giritharan Group to the fullest extent permitted by law, from and against any and all claims, suits, liabilities, damages, injuries, costs, expenses (including indirect and consequential loss) whatsoever and however arising out of, in connection with or in respect of your use of, access to or conduct on this website, including any breach of these Terms and Conditions by you.
- J. Severability
- 51. If any provision of these Terms and Conditions is invalid, unenforceable or illegal, it is to be read down if possible, so as to be valid and enforceable, and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions.
- K. Waiver
- 52. The failure, delay, relaxation or indulgence on the part of Giritharan Group in exercising any power, right or remedy conferred upon the Giritharan Group by these Terms and Conditions shall not operate as a waiver of that power, right or remedy, nor shall the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy under these Terms and Conditions.
- L. Applicable Law
- 53. These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of that State in respect of all matters arising under, or in relation to, these Terms and Conditions.