Terms and Conditions of Access and Use

A.    This Agreement forms the terms and conditions of your use of the website Vode,com,au (the Website).
B.    If you do not agree with any of the conditions of this Agreement, you should immediately cease using the Website.
C.    This Website is owned and operated by motivatedvendors.com Pty Ltd ACN 117 373 985 trading as Vode Property (referred in these terms of access as Vode Property) and the material on the Website is available to you on the following terms and conditions.
D.    By continuing to access the Website, you are agreeing to these terms and conditions.

1. USE OF MATERIAL

1.1    You may download material from the Website for your personal, non- commercial use provided that you do not remove any copyright or trademark notices contained on the material.
1.2    You may not modify or copy the layout of the Website and any computer software and code contained in the Website.
1.3    You may not use the website or the material contained in the Website, for the following purposes:
a.    Reproduction of the material in any form;
b.    The distribution of the material in any form;
c.    Re-transmission of the material;
d.    Uploading or reposting the material to any other Website.
1.4    Vode Property reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by it.

2. LINKS TO OTHER WEBSITES

2.1    The Website contains links to websites owned and operated by third parties which are not under the control of Vode Property. These websites do not form part of Vode Property and any links to other websites are provided as a convenience to you and the existence of the links to other websites does not imply any endorsement by Vode Property of the linked websites and Vode Property is not responsible for material contained on those linked websites.
2.2    Vode Property displays third party advertisements. The presence of third party advertising does not imply an endorsement by Vode Property of a product, service or any linked website. Vode Property accepts no responsibility for any actions taken by a third party.

3. DISCLAIMER

3.1    Vode Property makes the Website available for others to publish without assuming a duty of care to users. Vode Property does not provide professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website and/or linked sites.
3.2    To the full extent permitted by law, Vode Property disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and any linked sites, and the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or any linked sites.
3.3    All material on the Website is provided in good faith. Vode Property will not be liable under any circumstances for any loss of profits or damages of any kind recognised by law, whether consequential or otherwise, as a result of you acting or failing to act on any information contained or referred to on the Website or any linked websites, and using or acquiring or your inability to use or acquire any service or product contained or referred to on the Website or any linked sites.

4. LIMITATION OF LIABILITY

4.1    The disclaimers contained in clause 3 may not apply to you in all jurisdictions in which limitations or exclusions of warranties or liabilities are not permitted by law. Vode Property does not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any State or Territory legislation that cannot be excluded, restricted or modified.
4.2    To the full extent permitted by law, Vode Propertys’ liability for any implied warranty or condition is limited, at the choice of Vode Property, to, in the case of services supplied or offered by Vode Property:
a.    The supply of the services again; or
b.    The payment of the cost of having the services supplied again.
4.3    If there is a breach of an implied warranty or condition related to goods, Vode Propertys’ liability will be limited to:
a.    The replacement of the goods or the supply of equivalent goods;
b.    The repair of such goods; or
c.    The payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
4.4    In no circumstances will Vode Property be liable to you for any indirect, incidental, special and/or consequential losses or damage or loss of profits of whatever nature howsoever arising, which result from the use of the Website.

5. APPLICABLE LAW

5.1    This Agreement will be governed by and interpreted in accordance with the law of Queensland and you agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of this Agreement.

6. OTHER DOCUMENTS

6.1    You acknowledge reading this Agreement, the Vode Properties Internet Privacy Policy, together with any additional terms, conditions, notices and disclaimers contained elsewhere on the Website.
6.2    Vode Property reserves the right to vary the terms and conditions of this Agreement at any time.