Terms and Conditions of Use / Disclaimer
This website is owned and operated by 99 CAPITAL PTY LTD (referred to as "Target Property", "we", "us" or "our").
Forward Looking Statements
This Website may contain statements that constitute "forward looking statements". While these forward looking statements may represent our judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from our expectations. Target Property is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.
Target Property does not warrant that content, links, or subdomains contained on, or associated with our Website will be available and accessible to you at all times. Target Property does not warrant that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free. Target Property reserve the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it. Target Property may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our Website at any time without prior notice to you. Target Property does not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you. Information on our Website and in any targetproperty.net publication should not be regarded as a substitute for professional legal, financial or investment advice.
Target Property liability for breach of any warranty, guarantee, term or condition implied into these Terms which cannot be excluded is limited, where permitted by law, to the re-supply of that part of this Website again or, at our option, the payment of the costs of having an equivalent service supplied again.
Target Property is responsible for maintaining our Website and all publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Website by or on behalf of related entities, and any Third Party Content on our Website) and Target Property and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Website or publications.
All information (including but not limited to the property areas, floor size, price, address and general property description) on the Website is provided as a convenience to you and has been provided to us by third parties.
In placing this information on this Website,Target Property, directors, officers, employees, agents and related entities have received the information passed on from third parties, Target Property and its franchisees have used their best endeavours to ensure the information contained on the Website is correct, however, neither Target Property nor its franchisees, licensors, associated and related entities, or suppliers (nor their respective directors, affiliates or employees) have checked the accuracy of the information and do no more than pass it on. They have no belief one way or the other as to its accuracy. they do not accept any liability (direct or indirect) for any injury, loss claim, negligence, tort, damage to any incidental or consequential damages, including but not limited to loss of profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information contained on the Website. Information contained on the Website should not be relied upon and you should make your own enquires and seek legal advice with respect to any property on the Website or the information about the property contained on the Website.
Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability. It is the expression 'passing on information' and disclaimer of a belief 'one way or the other' as to accuracy that are fundamental.
You can only access and use this Website if you are of a legally binding contract age. In all other cases you can be on the Website only with the involvement of a parent or guardian.
Restrictions on use
In accessing or using our Website you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Website or any content on our Website;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
(d) use or index any content or data on our Website for purposes of:
(i) constructing or populating a searchable database of properties,
(ii) building a database of property information; or
(iii) competing with us in any manner that we have not specifically authorised;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our Website or any content from our Website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law;
(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, produce derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
Target Property reserves the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
Third Party Content
This Website may contain information and materials from third parties, including public comments, advertisements, feeds, data information, social media content and links to other Websites (Third Party Material). We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability). Unless expressly stated otherwise, Target Property does not sponsor or endorse the Third Party Materials. Without limiting the above, certain features of the Website aggregate Third Party Materials to produce results for you. Target Property relies on third parties to supply the Third Party Materials and Target Property therefore does not warrant the quality or accuracy of the results. To the extent permitted by law,Target Property has no liability arising out of any results or recommendations produced by the Website, and you are responsible for the final choice of any property that you may choose.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE WEBSITE WHETHER OR NOT IT IS CAUSED BY OUR NEGLIGENCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF 99 CAPITAL PTY LTD AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
Intellectual Property Rights
Target Property retain all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the Website. All material available or accessible from this Website is copyright material owned by Target Property and related entities. All information submitted to us via this Website shall be deemed to be and will remain the property of Target Propertywho shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this Website provides to us by virtue of this Website. Target Property shall not be subject to any obligations of confidentiality or privacy regarding such ideas, concepts, know-how or technique or information except as determined by us in our absolute sole discretion or as otherwise specifically agreed or required by law.
Target Property are the owners of the trade and service marks appearing on this Website and all rights are reserved in respect of such trade and service marks. Nothing on this Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners. Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on this Website. Target Property authorises you on a non-exclusive basis to reproduce and download the materials solely for use in the intended manner, to download and display any of the Website material for private purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission
You agree that by accessing this Website you want arbitration proceedings to govern all and any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, New South Wales, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one or three.
By providing your personal information to Target Property you grant us permission to collect your personal information as specified in this Privacy Statement, or as reasonably apparent at the time of collection, or for the provision of services to you now, or in the future.
What is Personal Information?
Personal information is any information about you that identifies you, or information by which your identity can be reasonably determined, as well as information recording dealings with you. Examples of personal information are your name, address, email address, telephone/mobile number, property details, occupation, interests and any other information provided by you to Target Property.
Why do we collect personal information and how do we use it?
We offer a range of services including, without limitation, providing appraisals of properties acting as a real estate agent for the buying and selling of properties, leasing properties, advertising properties, acting as a consultant or mediator.
The purpose of personal information that we collect from you will depend on how you interact with our website. This section will explain, in the broad sense, just how personal information may be collected via our website, and how this personal information contributes to the development of our website.
When submitting personal information on some of our sites for the purposes of an enquiry, we will collect details such as your name, e-mail address and some details of your personal interests and needs. Some of this information is essential for us to be able to identify accurately who is using the service so that we may be able to respond to your requests and as such, is indicated by mandatory fields. Mandatory information requirements are clearly identified and are denoted by an asterix (*). You will also be prompted when submitting a form if mandatory data has not been completed. Other types of information, such as your age and gender, are collected to help us profile who is using the services and what their interests are. Information of this type is optional.
Generally, you may be asked to provide personally identifiable information:
- Send us your comments or suggestions;
- Create a link to our site;
- Register for our services;
- Subscribe to our publications;
- Request sales and advertising information; and/or
- Submit an enquiry.
Use of Personal Information
Target Property uses your personal information as specified and for the provision of our services to you now, or in the future.
The personal information we gather from your use of our website enables us to provide better services which are tailored to your needs. The personal information may be used as follows:
- processing inquiries;
- facilitating the sale, purchase, advertising of properties and businesses;
- recording persons entering a landlord or seller's property (e.g. for inspection, survey or appraisal purposes);
- facilitating the leasing of properties (including advertising the properties) and acting as property manager;
- providing conveyancing and property settlement services;
- providing consultancy, advice and services;
- for our internal business operations;
- complying with our legal obligations;
- advising clients of additional services or information which may be of interest;
- providing your contact details to our partners and contractors who provide us with services;
- maintaining and updating our business infrastructure and systems;
- statistical purposes;
- promoting and advertising our business, products and services;
- franchise purposes, including assessment of franchise applications and management of our franchises; and
- insurance and governance purposes.
If we do not collect the personal information or if any of the personal information you provide is incomplete or inaccurate, we may not be able to provide the services or those services may be compromised.
Disclosure of Information
In providing your personal information you consent to us collecting, storing and using your personal information in the manner set out above, and you consent to us disclosing your personal information to our related bodies corporate and each of their officers, contractors, employees and agents who may collect, store and use your personal information in the manner set out above.
Your personal information is not shared with any other related third parties unless explicitly and expressly communicated when you submit the information. The personal information is contained and access is restricted to our authorised personnel only. However, where it is necessary for law enforcement purposes or where we believe there is threat to a person’s safety or health, we may need to disclose your personal information to third parties as required by law. Target Property acknowledges that you will click through to third party sites from our website and recommends that you refer to the privacy statements of the sites you visit. Target Property assumes no responsibility for information and content of third party sites.
If you require more information, or have any complaints regarding how we may have collected or used your personal information, you may Contact us.