Terms and Conditions of Use / Disclaimer

By accessing this website ("Website") you agree to be legally bound by these terms of use / disclaimer ("Terms of Use"). This website is owned and operated by 99 Capital Pty Ltd (referred to as "We", "us" or "our"). Please also consult the applicable additional legal information for your relevant country. The products, services, information and/or materials contained within these web pages may not be available for residents of certain jurisdictions. Please consult the sales restrictions relating to the products or services in question for further information. If you browse or otherwise access any content or data on the Website, you agree to be bound by these Terms.  If you do not agree to these Terms of Use, do not proceed to further web pages of the Website. These Terms of Use as well as the information and materials contained in this Website are subject to change from time to time without notice.

These Terms of Use and our Privacy Policy form the basis on which you may access and use our Website, including its any subdomains, mobile sites, apps (together called “Website” in these terms). We reserve the right to change any or all of our Terms of Use or other conditions for using our Website at any time by publishing the new terms or conditions on our Website. Your use of our Website constitutes your acceptance of those terms. Should you object to any of our Terms of Use or other notices on our Website your sole option is to immediately cease your use of our Website.

Forward Looking Statements

This Website may contain statements or projections 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. We are under no obligation to (and expressly disclaims any such obligation to) update or alter forward looking statements whether as a result of new information, future events, or otherwise.

No Warranty

We do not warrant that content, links, or subdomains contained on, or associated with our Website will be available and accessible to you at all times.  We do not warrant that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free. We reserve the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it.  We 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. We do 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 publication should not be regarded as a substitute for professional legal, taxation, financial or investment advice. 

No Liability

We 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.

We are 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 We 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, directors, officers, employees, agents and related entities have received the information passed on from third parties, We have used their best endeavours to ensure the information contained on the Website is correct, however, neither We nor 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 and availability displayed on the Website are current at the time of issue, and 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.


We reserve 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, We do 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. We relty on third parties to supply the Third Party Materials and We therefore do not warrant the quality or accuracy of the results. To the extent permitted by law, We have 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


Intellectual Property Rights

We 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 us and related entities.   All information submitted to us via this Website shall be deemed to be and will remain the property of us who 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. We 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.

We are the owners of the trade and service marks (whether registered or not) 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, trademark and designs) subsisting in the materials on this Website. We authorise 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


Your use of our Website, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of New South Wales (Australia) and accessing this Website and obtaining the information, facilities, products or services offered through this website, you agree that the law of New South Wales shall govern such access and the provision of such information, facilities, products and services and you agree to submit to the exclusive jurisdiction of the New South Wales Courts.  

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.

Privacy Policy

We and our related entities and persons respect the privacy and security of your Personal Information. This Privacy Policy statement applies to this Website.  Our Privacy Policy relates to our use of any personal information you provide to us through the Website. In order to provide you with the full range of  services, We are sometimes required to collect information about you.

By providing your personal information to us 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.

Any personal information received by us provided by you (or not provided by you) will be treated in accordance with our Privacy Policy.

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 us.

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.


This website may use cookies. Cookies are pieces of information that a website can transfer to an individual’s computer hard drive for tracking site usage, user navigation and customising site information to further improve and enhance the user experience. Most internet browsers are pre-set to accept cookies. However, if you are concerned about the use of cookies you do have the option to opt out and refuse the transfer of cookies to your computer’s hard drive. If you prefer not to receive cookies, you can adjust your internet browser to refuse cookies or to warn you when cookies are being used. Please contact the company which produces your browser if you require assistance.

Online Forms

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

We use 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.

This Privacy Policy applies to all situations in which We collect personal information directly from you. This includes, but not limited to, telephonic communication, communication by email and post, in person and through individuals accessing our websites.

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. We acknowledge 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. We assume no responsibility for information and content of third party sites.

You have the option of not identifying yourself unless by law you are required to do so, or it is impracticable not to do so. It is important that the personal information We collect from you is accurate, complete and up-to-date. You can contact us at any time to access or update your personal information or to tell us that the information We hold about you is inaccurate or incomplete. Sometimes We update or vary our Privacy Policy. You can always find the most up-to-date version on this page. We reserve the right to modify this privacy policy at any time to meet legislative requirements.

If you require more information, or have any complaints regarding how We may have collected or used your personal information, you may Contact us.