Terms and Conditions

The basics

“Manufactor” means Aim Tenants Pty Limited ACN 166 799 800 and our related bodies corporate. This document explains how the agreement is made up and sets out the terms of our agreement with you.
Manufactor is a diversified property group operating in various segments of the property industry.
Your use and/or purchase of Manufactor’s products, services and websites (including affiliated websites and pages, and including but not limited to the website at https://manufactor.com.au/ (the “Services”) is subject to the terms of a legal agreement between you and Manufactor.
Unless otherwise agreed in writing with Manufactor, your agreement with Manufactor will always include the terms and conditions set out in this document (“Main Terms”).
Your agreement with Manufactor will also include the terms of any additional notices we send you or post on any website owned or operated by Manufactor applicable to the Services, in addition to the Main Terms, together with any agreement we enter into with you in relation to any Services (“Additional Terms”).
The Main Terms, together with the Additional Terms and the Manufactor Privacy Policy, form a legally binding agreement between you and Manufactor in relation to your use of our website and the Services. It is important that you take the time to read them carefully. Collectively, this agreement (embodying all of these terms) is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Main Terms say, then the Additional Terms shall prevail in relation to that Service.

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You are not allowed to use the Services if you do not accept the Terms.
You can accept the Terms by:some text
- clicking to accept or agree to the Terms, where this option is made available to you by Manufactor in the user interface for any Service (whether through a web browser, mobile app or otherwise); or
- by actually using the Services. In this case, you agree that Manufactor will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services if you are not of legal age or capacity to form a binding contract with Manufactor, or you are a person barred from receiving the Services by law.

Provision of the Services by Manufactor

Manufactor will use all reasonable endeavours to provide the Services as represented on the Manufactor website, or on promotional material. The Services may change, but the Terms as published on this website will remain in force.
Manufactor may refuse to allow you to access the Services at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Manufactor ’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Manufactor when you stop using the Services. Manufactor is not required to act in good faith or reasonably.
If Manufactor disables access to the website or any Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.

Your Use of the Services

In order to access certain Services, you will be required to provide information about yourself (identification, payment and contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Manufactor will always be accurate, correct and up to date, and will be provided in accordance with the Manufactor Privacy Policy.
Manufactor will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. Manufactor will not be liable to you in any respect or for any amount for any loss suffered by you if you have not provided accurate information.
You may be required to pay fees for some Services. You agree to pay all fees charged based on Manufactor ’s pricing, charges, and billing terms notified to you. For the avoidance of doubt, this may include any charges contained on our website.
Any data you provide to Manufactor will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.
You agree to use the Services only for purposes that are agreed at the time of using the Services and in accordance with law.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Manufactor, unless you have been specifically allowed to do so in a separate agreement with Manufactor.
You agree that you will not do anything that interferes with or disrupts the Services.
You will be solely responsible for and Manufactor will not be liable to you (or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Manufactor may suffer) of any such breach. You agree to indemnify Manufactor for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damage).
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, and you will not alter, modify, remove or otherwise obscure any content that you access by using the Services. You must keep all aspects of the Services, including any source code, completely confidential and will not provide any such information to any other party. You will indemnify and hold harmless Manufactor for any loss it suffers if you breach this obligation.

Your account security and data security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Manufactor will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.
You may not transfer your account to any other person, unless specifically agreed in writing by Manufactor.
If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify Manufactor immediately using the contact details on our website.

Privacy and personal information

Manufactor will collect personal information about you in order to provide the Services and for purposes otherwise set out in our Privacy Policy at https://manufactor.com.au/privacy-policy.
The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our Services. This is limited by our Privacy Policy.
You agree to the use of your data in accordance with Manufactor ’s Privacy Policy. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Intellectual property

Manufactor has the right to use the “Manufactor” name and “Manufactor” intellectual property.
You acknowledge and agree that Manufactor (or Manufactor ’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Manufactor and that you shall not disclose such information without Manufactor ’s prior written consent.
You acknowledge that you have no ownership in the intellectual property comprised in the Services.
Unless you have agreed otherwise in writing with Manufactor, nothing in the Terms gives you a right to use any of Manufactor’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by Manufactor).
You agree to wholly indemnify Manufactor for any loss or damage suffered by Manufactor by reason of any breach by you of this Clause.

Indemnity and release

To the fullest extent permitted by law, you agree to indemnify Manufactor and hold it harmless against any loss (either direct or indirect) damage or expense whatsoever which Manufactor may suffer or incur in respect of:some text
- Any breach by you of the provisions of the Terms;
- Any claim in connection with your use of the Services by any person;
- Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Services; and/or
- Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Services by Manufactor.
You irrevocably release Manufactor and waive all claims which you may have in the future against Manufactor, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by Manufactor, or your use of the Services.

Terminating the agreement

The Terms will continue to apply until terminated by either you or Manufactor as set out below.
Manufactor may at any time, terminate its legal agreement with you if:some text
- you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
- Manufactor is required to do so by law; or
- any third party regarding whom Manufactor offered the Services to you has terminated its relationship with Manufactor or ceased to offer the Services to Manufactor or you; or
- you or your employer have not made payment as required for the Services;
- Manufactor is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Manufactor is, in Manufactor’s opinion, no longer commercially viable; or
- for any other reason Manufactor in its reasonable discretion thinks fit.
Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Services, unless otherwise agreed in writing with Manufactor.
Nothing in this Section shall affect Manufactor’s rights regarding provision of Services under the Terms.

EXCLUSION OF LIABILITY

Nothing in these terms, shall exclude or limit Manufactor’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law or otherwise contained in any warranty identified in any Additional Terms. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and “as available.”
In particular, Manufactor do not represent or warrant to you that:some text
- Your use of the Services will meet your requirements,
- The advice you receive using the Services will be accurate or fit for purpose;
- Any of the information or content you access using the Services is accurate, reliable, or that any particular result or effect will be achieved by using the Services or any of the content accessed or downloaded using the Services,
- Your use of the Services will be uninterrupted, timely, secure or free from error or viruses,
- Any information obtained by you as a result of your use of the Services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Manufactor or through or from the Services shall create any warranty not expressly stated in the Terms.
Manufactor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, to the full extent permitted by law.

LIMITATION OF LIABILITY

You expressly understand and agree that Manufactor, its subsidiaries and affiliates, and its licensors shall not be liable to you for:some text
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
- Any changes which Manufactor may make to the services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
- Your failure to provide Manufactor with accurate account information;
- Your failure to keep your password or account details secure and confidential;
The limitations on Manufactor’s liability to you above shall apply whether or not Manufactor has been advised of or should have been aware of the possibility of any such losses arising.
We shall not be liable to you for any delay or failure to perform or provide the Services by reason of any circumstances beyond our reasonable control.
To the extent permitted by law, in the event that Manufactor is found to be liable to you, our liability shall be limited to a refund of amounts paid by you to Manufactor, a replacement of the Services supplied, or reperformance of the Services supplied.

Changes to the Terms

Manufactor may make changes to the Terms from time to time. When these changes are made, Manufactor will make a new copy of the Terms available on any platform through which the Services are accessed. Manufactor shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time.
You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, Manufactor will treat your use as acceptance of the updated Terms.

General

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Manufactor and govern your use of the Services (but excluding any services which Manufactor may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and Manufactor in relation to the Services.
You agree that Manufactor may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Manufactor does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Manufactor has the benefit of under any applicable law), this will not be taken to be a waiver of Manufactor ’s rights and that those rights or remedies will still be available to Manufactor.
If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
No agency or partnership shall be construed to have been created by virtue of this agreement.
You acknowledge and agree that each member of any company or entity to which Manufactor is directly related (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Manufactor under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable). You and Manufactor agree to submit to the non-exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms.
You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. Manufactor shall not be liable for any breach of this warranty.

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