Terms & Conditions

The terms of use set out below (“Terms of Use”) apply to the Real Utilities pages of this website and any related website which are operated by Real Utilities Pty Limited or its related entities (together, called "Real Utilities” and referred to in these Terms of Use as ‘we’ or ‘us’) under the URLs frasersproperty.com.au/Real-Utilities and realutilities.com.au ("Real Utilities Webpages").

Real Utilities includes the operating entities listed at frasersproperty.com.au/Real-Utilities/Entities

In addition to the terms contained in this document, there are also specific terms which form part of these Terms of Use and govern your use of, and access to, certain sections of the Real Utilities Webpages. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Real Utilities Webpages. To the extent that there is any inconsistency between the provisions of the terms of use contained in this document and those other specific and additional provisions, the specific and additional provisions will take priority.

These Terms of Use replace all terms of use previously published or accepted by you in relation to the Real Utilities Webpages.

By proceeding beyond the homepage you agree to accept these Terms of Use and Real Utilities agrees to grant you a non-exclusive, non-transferable licence to use the Real Utilities Webpages in accordance with the conditions set out below.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on the Real Utilities Webpages. Your continued use of the Real Utilities Webpages will be regarded as your acceptance of these Terms of Use, as amended from time to time.

Pursuant to this licence and subject to the absolute right of Real Utilities to vary access to all or any part of the Real Utilities Webpages, you acquire a non-exclusive right to:

• view the material on the Real Utilities Webpages;
• access material contained in the Real Utilities Webpages; and
• use the Real Utilities Webpages strictly in accordance with the provisions of this licence.

Real Utilities Webpage content

Real Utilities is either the owner or the licensed user of the copyright in the materials and information on the Real Utilities Webpages including without limitation any logo, design, floorplans, text, graphic and their arrangement ("Content"). Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Real Utilities or the written consent of the copyright owner. You may access and use the Content and the Real Utilities Webpages for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

You acknowledge and agree that if you contribute Content to the Real Utilities Webpages, such Content will become the property of Real Utilities and you hereby assign all rights, title and interests in and to such contributions to Real Utilities.

Any comments or materials sent to us through the Real Utilities Webpages including feedback data, questions, comments and suggestions ("Feedback"), will be deemed to be non-confidential. Real Utilities has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Real Utilities will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

Real Utilities reserves the right to remove any Content from the Real Utilities Webpages at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content.

Your conduct when using the Real Utilities Webpages

You acknowledge and accept that your use of the Real Utilities Webpages indicates your acceptance of this licence and that you are responsible for all of your activity in connection with accessing the Real Utilities Webpages.

In accessing the Real Utilities Webpages, you must not:

• take any steps to obtain unauthorised access to the Real Utilities Webpages or any parts of it that are not opened to public access;
• disrupt or interfere with or make attempts to disrupt or interfere with:
  • the Real Utilities Webpages;
  • any other user's enjoyment of the Real Utilities Webpages, a website or webpage operated by a company related to Real Utilities Pty Limited (“Related Website”) or a website operated by a third party ("Third Party Website"); or
  • any services, system resources, accounts, servers or network connected to or accessible through the Real Utilities Webpages, a Related Website or Third Party Website;
• engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Real Utilities Webpages, a Related Website or Third Party Website;
• use, copy or translate for commercial use, reproduce, adapt, vary or modify any material on the Real Utilities Webpages in any form without the express consent of Real Utilities except as expressly authorised by this licence;
• use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on the Real Utilities Webpages, without the prior written consent of Real Utilities;
• take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Real Utilities Webpages
• reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Real Utilities Webpages;
• post or transmit to or via the Real Utilities Webpages any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
• use or attempt to use the Real Utilities Webpages to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.

User Responsibility

In accessing the Real Utilities Webpages, you acknowledge and agree that:

• you must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Real Utilities Webpages. Real Utilities reserves (in its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Real Utilities Webpages. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from the Real Utilities Webpages user;
• if Real Utilities issues you with a password that permits you to access certain parts of the Real Utilities Webpages, you are solely responsible for any use of the Real Utilities Webpages through such access, whether authorised or not; and
• you have exercised your independent judgment and have not relied on any representation made by Real Utilities which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Real Utilities (which material may be out of date or superseded).

Links to other websites

The Real Utilities Webpages may contain links to other Third Party Websites or Related Websites.

Real Utilities does not endorse or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites ("Third Party Material"). A link to a Third Party Website does not mean that we endorse the content of that website. Your access to a Third Party Website or a Related Website may be governed by separate terms of use applying to that website.

Subject to any applicable law which cannot be excluded, Real Utilities makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
• that Third Party Material does not infringe the intellectual property rights of any person. Real Utilities is not authorising the reproduction of Third Party Material by including any links on the Real Utilities Webpages to Third Party Material.

When you follow a link on the Real Utilities Webpages, Third Party Material may be displayed in your browser framed by material on the Real Utilities Webpages. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the Real Utilities Webpages, such offers and statements are made by Real Utilities on behalf of the operator. Real Utilities expressly disclaims acting in any other respect on behalf of Third Party Website operators.

Real Utilities may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you following a link to a Third Party Website from the Real Utilities Webpages.

You may not create a link to the Real Utilities Webpages from another website or document without the prior written consent of Real Utilities.

Indemnity

You must indemnify and keep Real Utilities (and its related bodies corporate, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of the Real Utilities Webpages, your breach of provisions this licence, or your breach of any rights of third parties.

Trademarks

The "Real Utilities" name and all its associated trademarks, including the “Real Utilities” name and logo, are trademarks of Real Utilities.

Any other trademarks appearing on the Real Utilities Webpages may be the trademarks of the relevant owners.

You must not use any trademarks that appear on the Real Utilities Webpages without the written consent of the trademark owner.

Disclaimers

While Real Utilities has endeavoured to ensure that all information provided on the Real Utilities Webpages is complete, accurate or up to date, the Content and the Real Utilities Webpages are provided "as is" and "as available" and Real Utilities takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material on the Real Utilities Webpages will not cause Real Utilities to be in breach of the Terms of Use.

To the maximum extent permitted by law, Real Utilities:

• disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
• will not be liable for any cost, loss or damage suffered by you through your use of the Real Utilities Webpages or Real Utilities’ failure to provide access to the Real Utilities Webpages or any Third Party Websites or Related Websites or any information updates.

The Content may contain general information about products and services offered by Real Utilities in its own capacity or its capacity as agent (Real Utilities’ Products and Services). Unless expressly stated otherwise, the Content does not:

• constitute an offer or inducement to enter into a legally binding contract
• form part of the terms and conditions for Real Utilities’ Products and Services;
• purport to provide you with personal financial or investment advice of any kind; or
• take account of your particular financial position or requirements.

Your use of the Real Utilities Webpages including all Content, data or software distributed by, downloaded or accessed from or through the Real Utilities Webpages is at your own risk. Before taking or refraining from any action in reliance on the Content or Real Utilities Webpages, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in the Real Utilities Webpages.

Warranties

Real Utilities does not warrant or make any representations:

• that the Real Utilities Webpages or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing the Real Utilities Webpages;
• in relation to the use or the results of the use of the Content or Real Utilities Webpages as to their correctness, accuracy, reliability, or otherwise;
• that use of the Real Utilities Webpages will be compatible with the hardware and software you are using to access it; or
• that the functions contained in the Real Utilities Webpages, Related Websites or Third Party Websites will be uninterrupted or without error, that defects will be corrected or that electronic material in the Real Utilities Webpages, Related Websites and Third Party Websites are free of harmful components.

Real Utilities will not be liable for any indirect or consequential losses arising out of a breach of this licence or arising out of the supply of a defective program or incorrect materials.

Subject to any responsibilities implied by law and which cannot be excluded, Real Utilities (including its related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs), whether direct, indirect or consequential, arising out of or referable to the Content or the Real Utilities Webpages (or material accessed via this Website), or to access of the Real Utilities Webpages by you, however caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on Real Utilities, or implied into this licence, under any law are hereby excluded.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, and the liability of Real Utilities for breach of any such implied term will be limited to the maximum extent possible, at the option of Real Utilities, to any one or more of the following:

• the replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
• the repair of such goods or services;
• the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
• the payment of the cost of having the goods repaired or the services performed again.

Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

Real Utilities reserves the right to make any change, add or remove any material in or from the Real Utilities Webpages without notice. Real Utilities may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

Children

If you are under 18, you may ask us to provide online services only with the involvement of a parent or guardian.

Privacy, Payment and Personal Information

Real Utilities respects your privacy. The privacy policy that applies to the Real Utilities Webpages (“Real Utilities Privacy Policy”) explains how personal information will be treated as you access and interact with the Real Utilities Webpages and is available at http://www.frasersproperty.com.au/Real-Utilities/Privacy.

If you provide personal information, including payment information, in connection with your use of the Real Utilities Webpages, this information is not a Comment or Feedback and to the extent Real Utilities handles such information, Real Utilities will comply with the Privacy Act 1988 (Cth) and the Real Utilities Privacy Policy.

Security

You are responsible for maintaining the confidentiality of your password and account information in relation to your use of the portals and functionality of the Real Utilities Webpages. Real Utilities is not liable for any loss of confidentiality or damages arising from failure to maintain the confidentiality of your password or account information.

Liability and warranties

You acknowledge and agree that from time to time the Real Utilities Webpages may be unavailable and you may not be able to use the functionality on it. You are responsible for paying your utilities accounts in a timely manner, and Real Utilities is not responsible for any late fees or interests that you may be charged for not doing so. You warrant that you are entitled to use any method of payment for which you provide details, including credit cards, debit cards and bank account details.

You warrant that all information, including personal information, that you provide through the Real Utilities Webpages is accurate, true and complete and, to the extent that it includes information about other people, you are authorised to disclose it for the purposes for which you have disclosed it. You acknowledge and agree that you are responsible for any additional expenses you may incur if you submit incorrect information, for instance, if you submit an incorrect BPAY payment or account number.

You are responsible for taking reasonable care in how you access the Real Utilities Webpages, including using appropriate firewalls and anti-virus software.

Real Utilities is not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of these terms).

Termination and suspension

Real Utilities reserves the right, without notice and in its absolute discretion, to discontinue, suspend or terminate the Real Utilities Webpages and any service offered by or through the Real Utilities Webpages at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.

Waiver

Failure or neglect by Real Utilities to enforce at any time any of the provisions of these Terms of Use shall not be construed or deemed to be a waiver of the rights of Real Utilities under these Terms of Use.

No waiver by Real Utilities of its rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency

A reference to "$" or "dollars" throughout the Real Utilities Webpages is a reference to Australian currency and all prices include GST unless stated otherwise.

Severability

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from this these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.

Applicable law

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.