Terms & Conditions

Terms of Access to the Website

This website (referred to in these Terms of Access as the Website) is owned and operated by Hannant Property Group Pty Ltd ACN 628 038 684 trading as HPG Realty (HPG Realty or us or our or we) on the World Wide Web (WWW).

Any reference to HPG Realty shall also be a reference to its ‘associated entities’ (as defined in the Corporations Act 2011 (Cth)), subsidiaries, related entities, agents, employees, directors and successors of any of the beforementioned.

The material on the Website is copyright © Hannant Property Group Pty Ltd ACN 628 038 684 trading as HPG Realty.

Please take the time to read these Terms of Access together with our Privacy Policy.

The Website is available for you to access and/or procure the services provided by us conditional upon your acceptance without alteration of the terms and conditions set out below and the aforementioned Privacy Policy. By continuing to access and/or provide information to the Website you are agreeing without alteration to the terms and conditions set out below and the Privacy Policy.

Hannant Property Group Pty Ltd ACN 628 038 684 reserves the right to revise these Terms of Access at any time by posting the updated version to this Website. We suggest you return to this page to review the most current Terms of Access because they are binding on you.

1. Use of material on the Website, pricing, orders and payments

1.1       Generally

(a)        Except for the limited use set out in paragraph (b) you may not use the Website, or the material contained on it, for any purpose. This involves:

(i)         the reproduction of the material in any material form;

(ii)        the distribution of the material in any material form;

(iii)       re-transmission of the material by any medium of communication;

(iv)       uploading and/or reposting the material to any other site on the WWW;

(v)        Accessing data not intended for you or logging into a server or account which you are not authorised to access;

(vi)        Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

(vii)      Attempting to interfere with service to any user, host or network;

(viii)     Attempting to reverse engineer or decompile any parts of the Website;

(viv)      “framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

(b)        Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and            trade mark notices contained on the material.

(c)        You may not modify or copy:

(i)         the layout of the Website; or

(ii)        any computer software and code contained in the Website.

(d)        HPG Realty reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(i)         re-sold and/or re-distributed in any material form;

(ii)        stored in any storage media; and/or

(iii)       re-transmitted in any media, without the prior written consent of HPG Realty.

1.2        Provision of services

• We reserve the right at any time to modify or discontinue the provision of any services (or any part thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any services that we provide.
• We have made every effort to display as accurately as possible the colours and images related to our services. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
• We reserve the right, but are not obligated, to limit the sale of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any services that we offer. All descriptions of products or services or product/service pricing are subject to change at any time without notice, at our sole discretion.
• We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
• We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in any service provided by us to you will be corrected.

1.3        Billing and account information

• We reserve the right to refuse to provide you with any services. We may, in our sole discretion, limit or cancel the services we provide to you. These restrictions may extend to the provision of services to you or anyone using the same customer account as you, the same credit card, and/or the same billing and/or shipping address. In the event that we decide to stop providing you with our services, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time our services were procured by you.
• You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

2. Links to other Websites

(a)        The Website contains links to sites on the WWW owned and operated by third parties and which are not    under the control of HPG Realty.(b)        In relation to the other sites on the WWW, which are linked to the Website, HPG Realty:(i)         provides the links to other sites as a convenience to you and the existence of a link to other sites  does not imply any endorsement by HPG Realty of the linked site; and(ii)        is not responsible for the material contained on those linked sites.

3. Disclaimer 1

(a)        If HPG Realty is making the Website available for others to publish information then it does so without assuming a duty of care to users. As HPG Realty is not in the business of providing professional advice then it gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the services or information contained on the Website and/or linked sites on the WWW.

 

(b)        You use the Website at your sole risk. The consent and services are supplied on an ‘as is’ and ‘as available’ basis. To the full extent permitted by law HPG Realty disclaims any and all warranties, express or implied, regarding:

(i)         the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website             and/or of any linked sites; and

(ii)        merchantability or fitness for any particular purpose for any service or product contained or referred to on   the Website and/or on any linked sites.

 

(c)        HPG Realty will not be liable under any circumstances for any loss of profits, indirect loss, consequential loss, or any damages of any kind recognised by Law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i)         acting, or failing to act, on any information contained on or referred to on the Website and/or any of the      linked Websites; and

(ii)        using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the             Website and/or any linked sites.

 

(d)        In some instances, members of HPG Realty are acting as an agent for third parties and/or advertising for those third parties. As a result, HPG Realty is not responsible for the quality, safety or legality of the information posted, the truth or accuracy of any information, and HPG Realty makes no representation about third party information on the Website.

 

(e)        HPG Realty is not to be considered to be acting for you or owing you any duty of care with respect to your use of the Website and HPG Realty shall not be responsible for any decisions, for whatever reason, made by any entity posting on the Website or content on this Website.

 

(f)         There are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. Further, HPG Realty cannot and does not confirm that each user of the Website is who they claim to be. You assume all risks associated with dealing with other users of the Website whom you come in contact through the Website.

 

(g)        In the event that you have a dispute with one or more users of the Website, you release HPG Realty from all claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

4. Disclaimer 2

(a)        HPG Realty does not warrant, guarantee or make any representation that:

(i)         the Website, or the server that makes the site available on the WWW are free of software viruses;

(ii)        the functions contained in any software contained on the Website will operate uninterrupted or are                                   error-free; and

(iii)       errors and defects in the Website will be corrected.

 

(b)        HPG Realty is not liable to you for:

(i)         errors or omissions in the Website, or linked sites on the WWW;

(ii)        delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

(iii)       defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of HPG Realty, its employees or independent contractors, or through any other cause.

(c)        You agree to accept the full cost of any necessary repair, correction and maintenance of any of your             computer software or hardware, which may be necessary as a consequence of you accessing the Website.

 

• Except to the extent required by law, in no event shall HPG Realty be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website , whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not HPG Realty is advised of the possibility of such damages.

 

5. Disclaimer 3

 

Every product and service described to be offered by HPG Realty  is for display purposes only. No product or service displayed or described on the Website shall constitute an offer open for acceptance. HPG Realty reserves the right to not provide any product or service described or displayed on the Website. For the avoidance of doubt, HPG Realty and its related entities, agents and employees do not give any warranty or representation either express or implied, as to the accuracy or completeness of the information contained herein, they do not accept responsibility of any kind for the accuracy of such information, nor is any of the information expressed or implied herein intended to form any part of an offer or inducement or part of a Contract of purchase and/or lease.

 

All marketing materials, concepts and plans in relation to any development or proposed development (including without limitation any plan) on the Website are subject to change without notice and are illustrative and for general information purposes only.

 

Any plans are subject to approval from the relative authorities. It is the responsibility of purchasers and other interested parties to satisfy themselves in all respects as to information supplied by inspection, independent advice, or as otherwise necessary prior to purchase.

 

The Website does not purport to provide financial and/or investment advice of any kind, nor does it take account of financial positions or requirements.

 

6. Limitation of liability

 

6.1       Clauses 3, 4, 5 and 13 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law HPG Realty’s liability for any implied warranty or condition is limited, at the choice of HPG Realty, to one or more of the following:

(a)        If the breach of an implied warranty or condition relates to services:

(i)         the supply of the services again; or

(ii)        the payment of the cost of having the services supplied again; and

(b)        if the breach of an implied warranty or condition relates to goods:

(i)         the replacement of the goods or the supply of equivalent goods;

(ii)        the repair of such goods; or

(iii)       the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

7. Use of information gathered

 

  (a)        You consent to us collecting and using your information in accordance with our Privacy Policy located on our website.

8. Termination of access

 

(a)        HPG Realty may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and HPG Realty has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

 

(b)        Upon termination, HPG Realty reserves the right, at its discretion, to pursue all of its legal remedies.

9. Alteration of Terms of Access

9.1.       HPG Realty reserves the right to change these Terms of Access:

(a)        with or without further notice to you; and

(b)        without giving you any explanation or justification for such change.

10. Uploading information

10.1.     You represent and warrant in relation to any material and/or information you provide to the Website that:

(a)        you are authorised to provide the material and/or information;

(b)        the material and/or information is not defamatory or a malicious falsehood in relation to any product,             service, person or corporation;

 

(c)        You shall not upload content that contains restricted or password-only access pages, or hidden pages or images;

 

(d)        the material and/or information does not infringe any intellectual property right including, but not limited to,             trademarks, service marks or business names (whether registered or unregistered), confidential   information and copyright; and

(e)        the material and/or information does not infringe any legislation or regulations of the Commonwealth of             Australia and the State of Queensland including, but not limited to, the Competition and Consumer Act      2010 (Cth) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

11. Licence to use intellectual property

 

11.1.     By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (Intellectual Property) on to the Website, you are granting HPG Realty a perpetual, non-exclusive and payment-free licence throughout the world to:

(a)        reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by             Intellectual Property law in any jurisdiction in which the Website is available to users; and

 

   (b)        allow HPG Realty to sub-licence others the same rights granted to HPG Realty in (a) above.

12. Removal of information

 

(a)        In relation to any material and/or information included on the Website, HPG Realty may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

13. Limit of liability

 

13.1.  Subject to any applicable Laws, HPG Realty has no liability for any costs, losses or damages (including without limitation indirect loss, consequential loss or economic loss) of any kind, which you may incur, arising (whether directly or indirectly) in relation to use of this website.

 

This applies:

(a)        in relation to or in connection with any material and/or information supplied in respect of advertising on this             Website; and

(b)        as a consequence of removing any material and/or information from this Website.

 

13.2.     Subject to any application laws, HPG Realty’s maximum aggregate liability arising out of or in connection with the Website or your use of the website content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise) will not exceed $100.00.

14. Indemnity

You will at all times indemnify and keep indemnified HPG Realty (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(a)        any breach of these Terms of Access by you; and

(b)        publication of or distribution of the material and/or information supplied by you.

15. Eligibility

 

(a)        You represent and warrant to us that:-

 

(i)         You have the legal capacity to enter into these Terms of Access; or

 

(ii)         If you are under the age of 18 years old, you have obtained consent from your parent or guardian to access and use the Site on the same terms as these Terms of Access, and that you shall only use the Website under your parent or guardian’s supervision.

 

16. Account

 

(a)        If this website has an account or Membership from time to time, then Membership or account registration with the Website (User Account) is conditional upon:

 

(i)         You giving us accurate up to date registration information including a valid email address if requested; and

 

(ii)         You completing, and giving to us, any information reasonably required by us. If you are under 18 years of age, your User Account is conditional upon your legal guardian agreeing to these terms and agreeing to be bound jointly and severally with you.

 

(b)        We may refuse any request for membership or an account or request or terminate your account at our discretion without notice if your registration information is inaccurate, incomplete, if you have not entered into any subsequent terms as determined by HPG Realty or if you use your account to annoy other users or disrupt or misuse our services.

 

(c)        You must keep your User Account log in details secure and must not disclose them to anyone else. You   must notify us immediately if you suspect or become aware of unauthorised use of your User Account.

 

(d)        You shall be responsible for all uses of your User Account’s registration and passwords, whether or not             authorised by you.

 

(e)        You understand you have no ownership rights in your User Account and information.

 

(f)         If you cancel your User Account or your User Account is terminated all your account information from your             User Account, may be deleted from HPG Realty’s databases.

 

17. Further Obligations on You:

 

You agree to not:-

 

(a)        Do anything to harm or detrimentally affect the reputation of the Website or HPG Realty or any related entity of HPG Realty;

 

(b)        Delete or alter any material posted on the Website by any other person or entity;

 

(c)        Send unsolicited mail or email, make any unsolicited phone calls or send unsolicited faxes promoting             and/or advertising products or services to any user of the Website;

 

(d)        Send “junk mail”, “chain letters” or engage in “spamming”;

 

(e)        Post or submit any content that displays or links to violent, illegal, pornographic, indecent or sexually             explicit material of any kind;

 

(f)         Resell or assign your rights or obligations under these Terms of Access.

 

18. Misrepresentations:

 

(a)        If at any time during your use of the Website, HPG Realty has reasonable grounds to suspect that you made a material misrepresentation of fact to HPG Realty, the misrepresentation will be treated as a breach of these Terms of Access;

19. Relevant jurisdiction

(a)        If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be             deemed to be severable from the balance of these Terms of Access and the severed part will not affect the             validity and enforceability of any remaining provisions.

(b)        These Terms of Access will be governed by and interpreted in accordance with the law of the Queensland,             Australia, without giving effect to any principles of conflicts of laws.

(c)        You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms of Access.

 

20. General Provisions

 

(a)        HPG Realty may assign its rights pursuant to these Terms of Access to any third party. Upon having that third party agree in your favour to be bound to these Terms of Access (as amended from time to time), then HPG Realty will not have any further obligation to you.

 

(b)        No waiver of any term of these Terms of Access shall be deemed a further or continuing waiver of such    term or any other term. In addition, HPG Realty’s failure to enforce any term of these Terms of Access shall not be deemed as a waiver of such term or otherwise affect HPG Realty’s ability to enforce such term at any point in the future.

 

(c)        Except as expressly provided in an additional agreement, these Terms of Access constitute the entire agreement between you and HPG Realty with respect to the use of the Website.