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Terms and Conditions

This website (the "Website") is owned and operated by IFM Investors Pty Ltd ABN 67 107 247 727 (“IFM Investors”).  References in these Terms and Conditions to "we", "us" and "our" refer to IFM Investors and references to "you" and "your" refer to each user of this Website. References to "IFM Parties" refer to IFM Investors, its related companies and their directors, employees and representatives.

Your use of the Website and the provision of any services via this Website is governed by these Terms and Conditions, together with our Privacy Policy and any other terms and conditions that appear on the Website ("Terms of Use").

Please read the Terms of Use carefully. By browsing the Website or otherwise accessing the information on it, you acknowledge that you have read, understood and agree to be bound by the Terms of Use. If you do not agree with the Terms of Use, you must cease using the Website immediately.

IFM Investors reserves its right to review and change the Terms of Use at its discretion by posting the revised Terms of Use on the Website. By continuing to use the Website you acknowledge that you have read and agree to be bound by the revised Terms of Use.

Disclaimer

The information contained on this Website ("Information") is general in nature and provided for information purposes only.

To the extent permitted by law, this Website, the Information and any services provided via this Website are provided “as is" and without representations or warranties of any kind (either express or implied) including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

The IFM Parties do not warrant the accuracy, completeness or currency of the Information (including the accuracy of underlying assumptions, or the achievement by IFM Investors of any particular results) and to the extent permitted by law, disclaim all responsibility and liability for any loss or damage of any nature whatsoever (including without limitation any consequential loss) which may be suffered by any person directly or indirectly through relying upon the Information (including in respect of any forward looking statements made in the Information), whether that loss or damage is caused by any fault or negligence of the IFM Parties or otherwise.

To the extent permitted by law, the IFM Parties also disclaim all responsibility and liability for any loss or damage of any nature whatsoever (and including consequential loss) which may be suffered by accessing this Website, including the transmission of any computer virus or other malicious code.

Links are not recommendations or endorsements

Our Website may contain links to other websites including, without limitation, social networking, blogging and other similar sites ("Linked Sites"). The Linked Sites are provided for your convenience only and it is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in the Linked Sites. We do not endorse, verify, represent or take any responsibility for the content of the Linked Sites. You acknowledge that the Linked Sites may have different terms of use and privacy policies and your use of the Linked Sites is governed by such terms of use and privacy policies.

Limitation of liability

To the extent permitted by law, the IFM Parties will not be liable for loss or damage of any kind whatsoever arising as a result of any opinion, advice, recommendation, representation or information expressly or impliedly contained on this Website or any Linked Website, notwithstanding any negligence, default, or lack of care by an IFM Party or that such loss or damage was foreseeable.

To the extent permitted by law, neither IFM Investors nor the other IFM Parties are responsible or liable for any damage caused by any virus or other malicious code, whether or not that virus or other malicious code resulted from you accessing this Website or any Linked Website. You are responsible for the cost of all services, repairs and corrections that must be performed on your computer on account of your accessing this Website or any Linked Website.

Where the law (including without limitation the Australian Consumer Law) implies a warranty or guarantee into the Terms of Use which may not lawfully be excluded, then the IFM Parties' liability for breach of such a warranty or guarantee shall be limited at our option, to either resupplying the services or payment of the cost of having the services supplied again.

Third party material

The Information may include material provided by third parties for general reference or interest. The views expressed in these materials do not necessarily reflect those of IFM Investors or any other IFM Parties. While such third party sources are believed to be reliable, the IFM Parties do not assume any responsibility for the accuracy or completeness of such information.

Intellectual Property

The materials displayed on this Website, including without limitation all information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, as well as the underlying code, are the property of the IFM Parties or their licensors and are protected by copyright, trade mark and other intellectual property laws. All rights in the Website are reserved and you are provided with access to it only for your personal and non-commercial use.

Other than for the permitted purposes above, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar statutes that apply in your location, you may not, in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website, without IFM Investors' written permission
  • commercialise any Information, products or services obtained from any part of this Website, without IFM Investors' written permission.

You may, however, download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only.

Save for the above, and unless expressly granted, the IFM Parties do not grant any licence or right in, or assign all or part of, its intellectual property rights in the content on the Website or the underlying code.

Trade marks

“AirRail Melbourne” and all other trade names, trademarks, service marks and other product and service names and logos (the "Marks") displayed on this Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregistered marks of IFM Investors or others.

Nothing contained on this Website should be construed as granting any licence or right of use of any other person's or entity's trade mark which is displayed on this Website without their express permission. 

Jurisdiction

These terms and conditions are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these terms and conditions, each of the IFM Parties and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.