TERMS OF USE

Owner and Operation

1. This website is owned and operated by DPN Pty Ltd (ABN 94 630 700 186), Australian Credit License 514759) under the domain name www.dpn.com.au (Website).

Acceptance and Modification

2. Your access to and use of these Websites is conditional upon your acceptance of, and compliance with these Terms of Use and the Privacy Policy. By browsing or accessing or using the services on the Websites, you agree to these Terms of Use. If, after having read the same you do not accept them, you should log out from this Website.

3. In addition to these Terms of Use, other conditions may apply to your use of this Website, or to products and services offered/advertised via this Website, as provided to you on specific pages on the Websites and/or via other means. Where applicable and as required, you will be bound by these additional terms.

4. DPN may make changes to and/or remove any material on the Website and terminate or modify the Website at any time without notice. DPN may also vary the Terms of Use on the Website from time to time and any varied Terms of Use will be made available on the Website. By your use of the Website after any variation, you are taken to have accepted the new Terms of Use.

5. By accessing and/or using the Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Disclaimers, Warranties and Limit of Liability.

6. The information contained within the Website is of a general nature and is provided for general information only. It is not intended as financial or investment advice specific to you and should not be taken as such. You should (and DPN recommends that you) obtain independent legal, financial and other advice specific to your situation before making any financial investment or decision based on the information contained on the Website.

7. Results gained via the use of any calculators on the Website are indicative only and are provided to illustrate certain scenarios. As such, the calculators and results are meant and should be used as a guide only and not a substitute for professional advice.

8. To the full extent permitted by law: (a) DPN makes no representations about the suitability of the content of this Website for any purpose; (b) all content is provided "as is" without any warranty of any kind; (c) DPN excludes all terms, conditions, warranties or representations whether express or implied; and (d) DPN (including its related bodies corporate, directors, employees, agents and contractors) excludes all liability howsoever arising (including but not limited to from negligence) for any loss or damage (including but not limited to loss of opportunity or profit), whether direct, indirect, special or consequential, arising in connection with any goods or services supplied by DPN, advertised on the Website, access, display, copying or use of the Website, reliance on any information on the Website and/or or otherwise in connection with these Terms of Use.

9. Nothing in these Terms of Use limits, excludes or modifies the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the ASIC Act or similar consumer protection laws in Australia, except where DPN is legally permitted to do so. If it is legally permitted to do so, then DPN limits its liability to the following:

- in the case of goods, one or more of the following at DPN’s discretion: (a) the replacement of the goods or the supply of the equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired; and

- (2) in the case of services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

10. You use the Website at your own risk. Although DPN makes a reasonable effort to ensure the content on the Website is accurate, complete and current, DPN makes no warranty as to the accuracy, completeness or currency of the content on the Website. It is your responsibility to verify any information before relying on it. The content of the Website may include technical inaccuracies or typographical errors. Property illustrations are a guide and furniture is not included; it is your responsibility to verify building specifications and finishes with actual contracts.

11. DPN does not guarantee that the Website will be free from viruses, or that access to the Website will function as intended or be uninterrupted. As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as available” basis only. To the full extent permitted by law, DPN assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Website, or any injury or damage to any person’s computer related to the use of the Website, or the uploading of material or downloading of any software/material (where permitted) from the Websites. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

Links to Third Party Websites

12. For your reference and convenience, the Website may contain links to websites which are owned by third parties. DPN does not control third party websites, and therefore is not responsible for the operation of, content or any information on these linked sites. You are free to access these other sites, but you do so at your own risk.

13. Prior to disclosing your personal details on any linked site, DPN recommends that you peruse their Terms of Use and Privacy Policy, as it is separate from DPN’s and may differ.

14. DPN is not liable for the content on third party websites or any loss or damage you may incur through your use of these websites.

Privacy

15. Any collection, use or disclosure of your personal information through the use of the Website, or otherwise by DPN, is subject to DPN’s Privacy Policy.

Intellectual Property

16. All materials and content on the Website, including but not limited to any and all copy, logos, trade marks, service marks, designs, products, software, images, calculators, sound recordings, video recordings, content downloads, streaming audio, streaming video, and other audio visual materials, are the property of, or used under license by, DPN and are subject to copyright and other intellectual property protection.

17. Information published by DPN via the Websites, or made available to you by DPN otherwise, may be printed or downloaded but only for your personal or informational and non-commercial use. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or other applicable laws, the information may not otherwise be reproduced and must not be distributed or transmitted to any other person or used in any way without the written permission of DPN.

18. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright (except as expressly provided above), or proprietary rights of DPN or any third party.

No Unlawful or Prohibited Use

19. As a condition of your use of the Website, you warrant and agree that you will not access or use the Websites:
• for any purpose that is unlawful or prohibited by these Terms of Use;
• in any manner which could damage, disable, overburden or impair the Websites or disrupt or interfere with any other person’s use and enjoyment of the Websites;
• to spam or knowingly transmit any virus or other disabling feature to or via the Websites or upload material that may breach any laws including intellectual property or privacy rights;
• to attempt to gain unauthorised access to any restricted sections of the Websites;
• to obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Websites, via its normal functionality;
• to copy or reproduce (other than for your own personal or informational use) any part of any content from the Websites without DPN’s prior written permission; and
• to distribute, alter, modify, create derivative works, commercially exploit or publicly display any part of any content from the Website without DPN’s prior written permission.

20. In order to use the Website, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and/or software necessary to facilitate the services.

Indemnity

21. You indemnify DPN, its related bodies corporate, directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you accessing and/or using the Website.

Australian Law

22. The Website and these Terms of Use are governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

23. If any provision in these Terms of Use is found to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from and shall not affect the validity and enforceability of the remaining provisions.

Contact

If you have any questions relating to these Terms of Use, please contact the DPN Compliance Officer.

DPN COMPLIANCE OFFICER
PO Box 188 Cronulla NSW 2230
Tel: (02) 9525 2033 | Fax: (02) 9523 5618
Email: hello@dpn.com.au