Terms of Use & Privacy Policy
Last Updated: December 2024
1. Introduction
This website ("Website") is operated for the purpose of marketing the property located at 63 Bennett Road, Thurgoona NSW 2640 ("the Property"). By accessing or using this Website, you agree to be bound by these Terms of Use and our Privacy Policy (collectively, "Terms").
These Terms are governed by the laws of New South Wales, Australia, and the Commonwealth of Australia, including the Australian Consumer Law and the Privacy Act 1988 (Cth).
If you do not agree with any part of these Terms, you must not use this Website.
2. Property Information Disclaimer
Important: All information provided on this Website regarding the Property is for general informational purposes only. You must conduct your own independent enquiries and inspections before making any decisions regarding the Property.
Accuracy of Information
While we endeavour to ensure the information on this Website is accurate and current, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, photographs, floor plans, or related graphics contained on this Website.
Property Details
The following disclaimers apply to all property information presented:
- Property descriptions, dimensions, and specifications are approximate only and should be verified independently
- Photographs and images may have been digitally enhanced or edited and may not reflect the current condition of the Property
- Floor plans (if provided) are indicative only and not to scale unless expressly stated
- The stated land size and building area are approximate and should be verified by survey
- Features, fixtures, and fittings shown in photographs may not be included in the sale
- Prices are subject to change without notice
No Offer or Contract
Nothing on this Website constitutes an offer to sell or a solicitation of an offer to purchase the Property. Any sale of the Property will be subject to a formal contract of sale prepared by qualified legal representatives.
Professional Advice
We strongly recommend that you:
- Obtain independent legal advice before signing any contract
- Commission a building and pest inspection by qualified professionals
- Verify all planning, zoning, and development restrictions with the relevant local council
- Conduct a strata search (if applicable) and review all relevant documents
- Verify the title and any encumbrances with a qualified conveyancer or solicitor
- Obtain independent financial advice regarding your ability to purchase
3. Privacy Policy
This Privacy Policy describes how we collect, use, and handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
We are committed to protecting your privacy and handling your personal information in an open and transparent way.
4. Information We Collect
Information You Provide
When you submit an enquiry through our contact form, we collect:
- Your first name
- Your email address
- Your phone number
- Your preferences (such as requesting a floor plan)
- Any additional information you choose to provide in your enquiry
Information Collected Automatically
When you visit our Website, we may automatically collect:
- Your IP address
- Browser type and version
- Device type and operating system
- Pages visited and time spent on each page
- Referring website or source
- Date and time of your visit
Cookies and Similar Technologies
We may use cookies, web beacons, and similar tracking technologies to collect information about your browsing behaviour. See Section 8 for more details.
5. How We Use Your Information
We use the personal information we collect for the following purposes:
- To respond to your enquiry about the Property
- To arrange property inspections at your request
- To provide you with information about the Property, including floor plans if requested
- To contact you by phone, email, or SMS regarding the Property
- To improve our Website and user experience
- To comply with our legal obligations
- For marketing purposes, where you have consented to receive such communications
Legal Basis for Processing
We process your personal information based on:
- Consent: When you submit an enquiry, you consent to us using your information to respond to that enquiry
- Legitimate interests: To operate and improve our Website and services
- Legal obligation: To comply with applicable laws and regulations
6. Information Sharing
We may share your personal information with:
- Property Owner/Vendor: Your enquiry details will be shared with the property owner or their authorised representatives to respond to your interest in the Property
- Real Estate Professionals: Licensed real estate agents or representatives involved in the sale of the Property
- Service Providers: Third-party service providers who assist us in operating this Website, including web hosting providers and email service providers (currently AWS)
- Legal Requirements: When required by law, court order, or governmental regulation
No Sale of Personal Information
We do not sell, rent, or lease your personal information to third parties for their marketing purposes.
Overseas Disclosure
Some of our service providers (such as web hosting and email services) may be located overseas. Where we disclose personal information to overseas recipients, we take reasonable steps to ensure they comply with the Australian Privacy Principles or are subject to substantially similar privacy obligations.
7. Marketing Communications
By submitting an enquiry through our Website, you are consenting to receive communications specifically about the Property at 63 Bennett Road, Thurgoona.
What You Will Receive
Communications may include:
- Responses to your enquiry
- Floor plan documents (if requested)
- Updates about the Property, including price changes or open home times
- Notifications about the sale status of the Property
Opting Out
You can opt out of receiving further communications at any time by:
- Clicking the unsubscribe link in any email we send you
- Contacting us directly to request removal from our contact list
- Replying "STOP" to any SMS message
Please note that opting out may mean we are unable to provide you with updates about the Property.
8. Cookies & Tracking Technologies
What Are Cookies?
Cookies are small text files stored on your device when you visit a website. They help the website remember your preferences and understand how you use the site.
Cookies We May Use
- Essential Cookies: Required for the Website to function properly
- Analytics Cookies: Help us understand how visitors interact with our Website (e.g., Google Analytics)
- Marketing Cookies: Used to track visitors across websites for advertising purposes (e.g., Facebook Pixel, when enabled)
Third-Party Services
This Website may use the following third-party services that set their own cookies:
- Google reCAPTCHA: To protect our contact form from spam and abuse
- Google Fonts: To display fonts on the Website
- Facebook Pixel: For advertising measurement (if enabled)
Managing Cookies
You can control cookies through your browser settings. Most browsers allow you to:
- See what cookies are stored and delete them individually
- Block third-party cookies
- Block all cookies
- Clear all cookies when you close your browser
Please note that blocking certain cookies may affect the functionality of this Website.
9. Limitation of Liability
Consumer Guarantees
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.
Exclusion of Liability
To the maximum extent permitted by law, we exclude all liability for any loss, damage, cost, or expense (whether direct, indirect, incidental, special, consequential, or exemplary) arising from or in connection with:
- Your use of or reliance on any information provided on this Website
- Any errors, omissions, or inaccuracies in the Property information
- Any decision you make regarding the purchase of the Property
- Any interruption or unavailability of the Website
- Any viruses or other harmful components transmitted through the Website
- Any unauthorised access to or use of our servers or any personal information stored therein
- Any third-party content or websites linked to or from this Website
No Professional Advice
The information on this Website does not constitute legal, financial, or professional advice. You should seek independent professional advice before making any decisions about purchasing the Property.
Indemnity
You agree to indemnify, defend, and hold harmless the Website operators, property owners, and their respective agents, employees, and representatives from any claims, liabilities, damages, losses, or expenses arising from your use of the Website or breach of these Terms.
10. Intellectual Property
Ownership
All content on this Website, including but not limited to text, graphics, photographs, logos, icons, images, audio clips, digital downloads, and software, is the property of the Website operators, property owners, or their content suppliers and is protected by Australian and international copyright laws.
Permitted Use
You may:
- View and browse the Website for personal, non-commercial purposes
- Print copies of pages for your personal use in considering the purchase of the Property
Prohibited Use
You must not, without our prior written consent:
- Reproduce, duplicate, copy, or re-sell any part of the Website
- Use any photographs or content for commercial purposes
- Modify or create derivative works based on the Website content
- Use automated systems or software to extract data from the Website (scraping)
- Frame or embed any part of the Website on another website
- Remove any copyright or proprietary notices from the content
Photography
All photographs of the Property are owned by or licensed to the property owner or their agents. Use of these images without permission is strictly prohibited.
11. Your Rights
Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, you have the following rights regarding your personal information:
Access
You have the right to request access to the personal information we hold about you. We will respond to your request within a reasonable timeframe and provide access unless an exception applies.
Correction
You have the right to request correction of any personal information we hold about you that is inaccurate, incomplete, out-of-date, or misleading.
Deletion
You may request that we delete your personal information. We will comply with such requests unless we are required to retain the information by law or for legitimate business purposes.
Complaints
If you believe we have breached the Australian Privacy Principles, you may lodge a complaint with us. We will investigate and respond to your complaint within 30 days. If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
12. Contact Information
If you have any questions about these Terms, our Privacy Policy, or wish to exercise any of your rights, please contact us:
- Property Address: 63 Bennett Road, Thurgoona NSW 2640
- Method: Via the enquiry form on the main property page
Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. The "Last Updated" date at the top of this page indicates when these Terms were last revised. Your continued use of the Website after any changes constitutes your acceptance of the new Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of New South Wales.