These Terms and Conditions were last updated February 2013.
About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean LandMark White Ltd ABN 50 102 320 329 of PO Box 8708, Gold Coast Mail Centre, QLD 9726 Australia or The Trustee for LandMark White (Sydney) Unit Trust ABN 12 150 089 255 of Level 15, 55 Clarence St, Sydney NSW 2000 ("LandMark White") and "you" means you the customer. "Product" means either:
a. those real property based research summaries for different geographical areas as modified and produced from time to time available for purchase from the LandMark White Ltd website; or
b. a valuation report, as defined in the publication “Glossary of Property Terms” by Property Council of Australia Limited, Property Institute Incorporated and The Real Estate Institute of Australia Limited, produced for the customer by LandMark White
"Order" means the online order made by you on the LandMark White website or acceptance of a quote issued by LandMark White for the purchase of a Product.
These Terms and Conditions together with your Order constitute the entire contract between us and you for the supply of Products. No other Terms and Conditions will apply. The contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with LandMark White.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should LandMark White suffer any damage or other losses as a result of a transaction entered into by a minor, LandMark White reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with LandMark White.
Any Order placed by you is an offer by you to purchase a particular Product for the price (including the delivery and other charges and taxes) specified at the time you place your Order on these Terms and Conditions. LandMark White reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any Product, an error in the price or the product description posted on this website, or an error in your Order.
Payment Methods And Processing
LandMark White currently accepts Visa and MasterCard only.
Payment processing will not begin until we receive all the information we need.
We process credit card payments after you click the "Submit My Order" button.
For credit card payments we will email a tax invoice to you with your Order confirmation. Your tax invoice is your proof of purchase.
LandMark White purchases include GST unless otherwise stated.
LandMark White reserves the right to change prices for Products displayed on the LandMark White website at any time.
Supply Of Products
Subject to these Terms and Conditions, we will supply to you the Product(s) indicated on your Order confirmation.
Delivery Of Products
Delivery time for Products bought from the LandMark White website may take up to 5 working days from the date your payment is received. If the Product is a valuation report, the delivery time is derived from the signed quotation.
We will use our reasonable efforts to deliver your Product(s) to you within the estimated delivery time; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
Our Return And Refund Policy
No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other LandMark White Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other LandMark White Products, you should indicate your non-agreement on the appropriate section of your Order form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement
Credit Card Fraud
Whilst LandMark White employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, LandMark White will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of LandMark White. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in LandMark White for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of LandMark White, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). All liability for consequential losses is excluded under state based Sale of Goods legislation to the fullest extent it is able to be excluded at law.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
LandMark White reserves the right to change the Terms and Conditions of sale at any time.
LandMark White shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of LandMark White, and LandMark White shall be entitled to a reasonable extension of time for the performance of such obligations.
LandMark White does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. LandMark White will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on LandMark White, it shall be limited to the cost of re-supplying that information.
Use Of The Product(s)
The information in the Product(s) is provided in good faith and has been derived from sources believed to be accurate. The reproduction of any information contained within any Product is strictly prohibited without the prior consent of LandMark White. LandMark White claims copyright in the Product and reserves all rights.
These terms are covered by the law in force in the State of Queensland and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland.
If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.