BuyFair Website Terms

  1. Terms and conditions

This website is owned and operated by BuyFair Property Pty Ltd ACN 649 478 857. By accessing or using this website and related services, you agree to these terms and conditions (Website Terms). You should review these Website Terms carefully and immediately cease using our website if you do not agree to these terms.

In these Website Terms, ‘us’, ‘we’ and ‘our’ means BuyFair Property Pty Ltd ACN 649 478 857 or any of our affiliates, representatives, agents, directors, officers, employees, and each of our related bodies corporate.

We reserve the right to change any part of these Website Terms by posting updated Website Terms to our website. Each time you access or use this website you are subject to the then current Website Terms. It is your responsibility to check this page periodically for changes and updates. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. Contacting us

When you contact us via the Contact Us page, you will provide us with personal information such as your name, email address, telephone number and other personal information you upload via your message. You must ensure that this information is accurate and current. By sending us your information, you consent to us using such information to communicate with you and add you to our newsletters and mailing lists (including email) for the purpose of us sending you marketing and other information.

Please do not send any sensitive information or health information via the Contact Us page.

To respond to your enquiry, to supply you with our goods and services, and for purposes set out in our Privacy Policy at https://buyfairproperty.com.au/privacy-policy, we may disclose your submitted information to third parties that help us deliver our goods or services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to respond to your enquiry or provide any of our products or goods or services to you.

We will handle all personal information we collect in accordance with our Privacy Policy https://buyfairproperty.com.au/privacy-policy. Our Privacy Policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at hello@buyfairproperty.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Website Terms.

  1. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. We make no warranty about any information, context or representations provided by or made by a third party.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including these Website Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date. You should monitor any changes to the information contained on this website.

  1. Nature of information

Any scenarios and information presented on this website are of a general nature, informational only and have been prepared without consideration of, or taking into account your individual objectives, personal circumstances, financial situation, or needs. Such scenarios and information must not be considered as professional advice. Before acting on any information found on this website, you should evaluate its appropriateness for your particular circumstances. We do not provide any financial services or lending advice, and any engagement or introductions with such services is subject to your own decision.

  1. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites or any content in such.

  1. Hyperlinks to our content

We encourage the use of hyperlinks to our content. However, when doing so, please:

  • Properly attribute the original source of the hyperlink when pointing to our or a third party’s content.
  • Refrain from claiming ownership or rights to content belonging to us or other parties.
  • Directly link to our content.
  • Adhere to copyright and trademark laws.
  1. No offers

Accessing any product or good or service through our website, social media outlets, company brochures, or any alternative marketing collateral does not constitute an offer, inducement, or invitation to purchase any such products or goods or services.

  1. Intellectual property rights

Unless otherwise indicated, we own, or license from third parties, all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Website Terms and, where applicable, as expressly authorised by us and/or our third party licensors. Permission to download copies of the Content is only granted in circumstances where download of the materials is for personal and not commercial viewing or usage.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

  1. Unacceptable activity

You must not do any act to or in connection with our website that we would deem to be inappropriate, is unlawful or is prohibited by any law, including but not limited to:

  • collecting or tracking the personal information of others or do any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to abuse, intimidate, harass, discriminate against or defame or libel us, our employees or other individuals;
  • infringing upon or violating our intellectual property rights or the intellectual property rights of others;
  • submitting false or misleading information;
  • spamming, bot attack, phish, pretext, spider, crawl, harvest or scrape, or in any way interfere with or circumvent the security features of the website or any linked webpage;
  • communicating, transmitting or uploading files that contain viruses, malicious code, malware, ransomware, spyware or bots that may cause damage to our property or the property of other individuals, or affect in any way the functionality or operation of the website, any linked webpage or any part of our IT environment; and
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or similar, or material which is detrimental to or in violation of our systems or a third party’s systems or network security.
  1. Termination

Your licence to access and view the website will automatically be terminated upon violation of our Website Terms. Immediately after termination, all downloaded material and any copies of such material retained by you must be destroyed.

  1. Warranties and disclaimers

Any content we provide via our website does not constitute an invitation, offer or solicitation of offers to buy or invest in any property, house, building, or any securities or assets, belonging to anyone, including Buyfair Property Pty Ltd ACN 649 478 857 or any of our affiliates, representatives, agents, directors, officers and employees.

Having provided you with access to our website, no obligation is undertaken to provide you with access to or offers of any properties or to any additional information.

To the full extent permitted by law, we:

  • do not warrant or represent the origin, validity, accuracy, completeness or reliability of, or accept any liability for, the content of, or any errors or omissions in, our website;
  • disclaim and exclude all liability for all claims of whatever nature that may arise in any way from or in connection with the provision of our website and any inaccuracy or incompleteness, or any reliance by any person on it; and
  • do not, by this webpage, provide any recommendation, service or advice.

All content on our website in respect of the Shared Equity model and the SMSF offering is provided by YourProp Group (and its related parties) and the disclaimers above and elsewhere set out in this webpage apply.

Statements made on our website are general in nature and are not specific to you or your circumstances including your income, pension, superannuation, or any other financial circumstances. Further, on our website we give information about potential guarantees, future incomes and similar, however any such items are subject to you first qualifying for such benefits, a successful application and the terms and conditions of the transaction documents you execute which govern such benefits (which is not this webpage).

Representations upon which you are entitled to rely, if any, shall be limited to those set out in the written agreements governing any subsequent transaction you may enter into involving us.

You must not rely on the contents of our website as such content is for informational purposes only. However you should satisfy yourself as to the accuracy of such contents and any subsequent transaction involving us by such independent investigation as to what you and your advisers think fit of the transaction you wish to enter into, the property that you acquire and the documents governing such transactions.

Neither this website, nor any other information supplied by us in it, contain, or purport to contain, property or investment advice. We do not act as your agent or as an investment adviser, nor do we provide advice to you or any prospective purchaser or investor.

All calculations and estimates on our website are by way of example only, do not include any transaction costs or government charges. You acknowledge that market conditions can change at any time and can change drastically.

Statements as to future events and other forward looking statements contained herein are provided as examples only (with amounts and calculations for illustrative purposes only) to allow potential investors the opportunity to identify an opportunity, and to consider and evaluate for themselves their own investment decisions.

Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause actual events to differ materially from any estimates, approximations, projections or predictions expressed or implied by such forward-looking statements. These statements are not guarantees of future performance or events, and reliance should not be placed on them. The ability to access or use our website shall not create any implication that there has been no change in the information contained herein since the date hereof, or that such information is correct as of any date subsequent to the date hereof. Information and market conditions relevant to our website may be updated frequently and at short notice. We undertake no obligation to update the information contained herein. All disclaimers and limitations of liability asserted on behalf of us shall apply equally to our related bodies corporate and our officers, associates, representatives and advisers.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Content or any information we provide on the website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, any information we provide via the website or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

 

  1. Liability

To the maximum extent permitted by law, including the Australian Consumer Law:

  • in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the Content, information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date;
  • we disclaim any responsibility for any losses, damages, costs, or expenses (direct or indirect) that may arise due to errors, omissions, or misrepresentations in the information provided on this site; and
  • we will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
  1. Jurisdiction and governing law

These Website Terms and your use of our website are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that state.

  1. General

If any of these terms are determined to be illegal, invalid, or unenforceable under the laws of any state or country in which these terms are intended to apply, then, to the extent and within the jurisdiction where that term is deemed illegal, invalid, or unenforceable, it shall be severed and removed from these terms. The remaining terms will persist, remain fully effective, and continue to be binding and enforceable.

Copyright on our website is owned by Buyfair Property Pty Ltd.

27 March 2024