Terms of use

Terms of Use

Ownership and Formation of Agreement

Ownership

These terms and conditions (Terms) apply to your use of websites https://www.inghamproperty.com.au and https://www.inghamandco.com.au (Site), which is owned and operated by Ingham Property Holdings Pty Limited (ABN 34 160 339 855), Ingham Property Pty Ltd (ABN 95 644 793 046) and Ingham Rural Property Group Pty Ltd (ABN 40 160 339 882) (hereinafter referred to as we, us and our)

Formation of Agreement

These Terms govern your use of the Site.

You should always check these Terms every time you visit the Site as we may make changes to it from time to time without providing you with specific notice of those changes. Use of the Site after these Terms have been changed will be taken as acceptance of such changes.

Please read these Terms carefully, because by using the Site:

  1. you are confirming that you have not only read these Terms but that you agree to be bound by them;
  2. you agree that you will only use the Site for personal use;
  3. you acknowledge you are solely responsible for your use of the Site and your device; and
  4. a legally binding agreement is formed between you and us.

If you do not agree with these Terms you should immediately cease using the Site.

Provided that you comply with these Terms, we grant you a non-exclusive, royalty-free, non-transferable, non-sublicensable licence to use the Site for the sole purpose of receiving the benefit of the functionality of the Site.

Authority

You accept and agree to be bound and abide by these Terms when you use this Site.

The Site is not intended for minors. By using this Site you represent and warrant that you are over the age of eighteen (18), or if you are not, then you represent and warrant to us that your parent or legal guardian accepts these Terms on your behalf.

Privacy

Your privacy is very important to us. We may ask you to, or you may provide, Personal Information when you use the Site. The way in which we collect, use and disclose your Personal Information is set out in our Privacy Policy.

Our Privacy Policy explains our commitment to the protection of your Personal Information. By using the Site you agree to us:

  1. collecting, using, and processing your Personal Information in accordance with our Privacy Policy and these Terms; and
  2. using your Personal Information to send you communications electronically for the purposes of complying with our obligations under these Terms. You may opt out of receiving these communications at any time by clicking the “unsubscribe” link located at the bottom of each email or notice we send you.

If you become aware of or suspect any misuse or loss of, or unauthorised access to or disclosure of, your Personal Information in connection with the Site, you must let us know immediately.

Conditions of Your Use of the Site

You must not, and you will not permit any other person to:

  1. attempt to manipulate or bypass any limitations on the Site;
  2. transmit or distribute any code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
  3. tamper with or remove any proprietary notice of ours or any other entity;
  4. hinder the operation of or make unauthorised modifications to the Site;
  5. use any method or process to obtain, copy, distribute, republish or modify Site content, or use any method or process to combine the Site content with any other content, data, information, images or material;
  6. commit any act that may breach any laws; or
  7. copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with the Site, any computer code or content on the Site, or any part thereof.

Notwithstanding the above, your device may temporarily store copies of the content of the Site, you may store files automatically cached by your browser, and you may print or download copies of our Site content for your personal, non-commercial use.

Disclaimer and Limitation of Liability

Disclaimers

The information and content we provide on the Site is of a general nature, and provided on an “as is” and “as available” basis, without any warranties or conditions of any kind either express or implied.

To the maximum extent permitted by law, we exclude all conditions, guarantees and warranties, whether express or implied, statutory or otherwise, and we do not warrant and we have no liability to any party (including you) in relation to the accuracy, completeness or reliability of information available through the Site.

We will not be liable in relation to any breach of the warranty above where the infringement is caused or contributed to by your use of the Site in a manner inconsistent with these Terms, your use of the Site other than in the usual manner, the combination of the Site with any materials not supplied by us, or data provided to us or entered on the Site by you, including the User Data.

Security of Site

Although we take all steps to ensure the security and integrity of the Site, you agree that we will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from us not being secure or virus-free.

Limitation of Liability

Despite anything else contained in these Terms, we will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with your use of the Site, your reliance on any information contained or accessed through the Site, failure to perform any other term or condition, call or respond to you promptly (if at all) or place any follow up calls or emails.

Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights. To the fullest extent permitted by law, if any Non-Excludable Right is imposed, our liability to you for any Loss arising out of or resulting from your use of the Site will be limited to:

  1. replacement or repair of the products or goods, or re-supply of the products or goods, or the cost of replacing or repairing the products or goods; and
  2. supplying the services again or the cost of resupply of the services.

To the full extent permitted by law, we will not be liable in any event for any Consequential Loss

Availability, Support and Updates

You acknowledge the Site may be hosted and supported by us or by a third party provider. While we use reasonable efforts to ensure the Site is always available, it may become unavailable or inaccessible from time to time for any scheduled Updates or due to events outside our control.

We will use commercially reasonable endeavours to ensure the Site is subject to security measures. However, you accept that the Internet is not fully secure and we cannot guarantee the Site will be secure, error free or uninterrupted, or free of viruses or other harmful applications.

We may make Updates to the Site. You acknowledge and agree the Site may be unavailable for the purpose of us rolling out such Updates.

Intellectual Property

We will at all times retain ownership of or a valid licence to use all Intellectual Property Rights  used in respect of the Site, including all content (photographs, videos, text, illustrations, software, audio, video) and Updates (together referred to as Our IP).

We grant you the right to view, print and access the content on the Site for your own personal use.

It is an essential term of these Terms that you must not:

  1. launch or attempt to launch a site or arrangement that is the same or similar to the Site or which uses Our IP without our express written consent;
  2. copy, use, modify, reproduce, broadcast, transmit, print, publish, republish, post, perform, adapt or change any of the Site content for any purpose; or
  3. remove any copyright, trademark or other proprietary notice, or use any content without our or our licensors’ prior written consent.

Third Party Sites, Analytics and Hyperlinks

We exclude all liability and responsibility for any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by us of that website or the products and/or services being offered through that website.

You agree that we will not be liable to you for any loss or damage you suffer due to your access of any website not maintained and controlled by us.

Analytics, cookies and web beacons

You acknowledge and agree that we may use analytics on, or engage third party data analytics service providers for, the Site. We may also use ‘cookies’ and ‘web beacons’ in accordance with our Privacy Policy.

Location

The products and services presented on this Site may not be available to all persons, or in all geographic locations or jurisdictions, even though this Site is accessible worldwide.

Term and Termination

The application of these Terms commences when you first use the Site.

We may, without notice to you, limit, suspend or terminate your access and use of the Site at any time for any reason, including due to a breach of these Terms or due to system failure, Updates or any reason outside of our control.

You acknowledge and agree that you may lose saved data or your personal settings on the Site, should we limit, suspend or terminate your access to the Site, at any time and, to the maximum extent permitted by applicable laws, we are not responsible for any such loss.

General Provisions

These Terms constitute the entire agreement between you and us, and supersede any prior agreements, communications or proposals, regardless of whether they were oral or written, between you and us.

Failure or delay on our part to enforce any right or provision of these Terms is not to be construed as a waiver of any provision or right.

These Terms are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.

If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision is considered severed, but that will not affect the validity and enforceability of any remaining provisions.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

We may update, change or replace any part of these Terms from time to time at our discretion, and such changes are effective when posted on the Site.

Definitions

In these Terms and Conditions:

  1. ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations.
  2. Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, including loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
  3. Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights to be identified as the author of content posted on the Site), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
  4. Loss means any damage, loss, cost, expense or liability whatsoever and however it arises, and whether direct or indirect, present or future, fixed or unascertained, actual or contingent and includes all reasonable legal costs and expenses.
  5. Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Site that are implied by the ACL which cannot be excluded, restricted, qualified or modified by us.
  6. Personal Information has the meaning set out in the Privacy Act.
  7. Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles, together with all codes of conduct, statutory codes and regulatory guidelines applicable to the protection and handling of Personal Information in Australia, as amended, updated or replaced from time to time.
  8. Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to the Site.

Last updated: 1 September 2023