Terms & conditions

Website Terms of Use

These are the Terms of Use that apply when you use our Website, regardless of how you access our Website.

In these Terms of Use, when we say Website we mean the website that is operated by Frasers Property Australia under the domain name www.frasersproperty.com.au, excluding the pages and website operated by Real Utilities. And when we say Frasers Property (or we, or us) we mean all the divisions and organisations within the business known as Frasers Property Australia, except Real Utilities.

These Terms of Use do not apply to the Real Utilities pages of this website and any related website which is operated by Real Utilities under the URL frasersproperty.com.au/Real-Utilities and the domain name realutilities.com.au. Real Utilities has its own, separate website terms of use which you can read here. When we say Real Utilities, we mean Real Utilities Pty Limited and each of its subsidiaries that is listed here.

In addition to the terms of use set out in this document, there may be specific terms of use which govern your access to, and use of, certain pages of this Website. Those additional and specific terms of use form part of these Terms of Use, so you must review them whenever they are presented to you on the Website. If there is any inconsistency between the terms set out in this document and those other additional and specific terms, the additional and specific terms of use will prevail.

If you navigate past the homepage of this Website, you agree to these Terms of Use and Frasers Property agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with the conditions set out below (Licence).

We may change these Terms of Use from time to time without giving you notice and those changes will take effect when they are posted on this Website. Your continued use of this Website will be taken as your acceptance of these Terms of Use as amended.

Under this Licence and subject to the absolute right of Frasers Property to vary access to all or any part of the Website, you acquire a non-exclusive right to:

• view the material on the Website;
• access material contained on the Website; and
• use the Website strictly in accordance with the provisions of this Licence.

Website content

Frasers Property is either the owner or the licensed user of the copyright in the materials and information on this Website including 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 electronically or mechanically) without the prior written consent of Frasers Property or the copyright owner (as relevant). You may access and use the Content and this Website for your own personal use only. Unless we clearly agree otherwise, you must not do anything to change or add to the Content.

You acknowledge and agree that if you contribute content to the Website, that content will become the property of Frasers Property and you assign all rights, title and interests in and to that content (including all intellectual property rights) to Frasers Property.

We will treat any comments or materials you send to us through the Website, including feedback data, questions, comments and suggestions (Feedback) as non-confidential. Frasers Property 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. Frasers Property will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose, including developing, manufacturing and marketing products and services incorporating such Feedback.

Frasers Property reserves the right to remove any Content from this Website at any time, for any reason including after receiving claims by or allegations from third parties or authorities relating to such Content.

Your conduct when using this Website

You acknowledge and agree that your use of the Website indicates your acceptance of this Licence and that you are responsible for all of your activity in connection with accessing the Website.

In accessing the Website, you must not:

• take any steps to obtain unauthorised access to this Website or any parts of it that are not open to public access;
• disrupt or interfere with (or try to disrupt or interfere with):
  • the Website;
  • any other user's enjoyment of this Website or Third Party Websites; or
  • any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;
• engage or make attempts to engage in any kind of illegal, criminal or tortious activity through the (direct or indirect) use of the Website or Third Party Websites;
• use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this Website without the express consent of Frasers Property 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 this Website, without the prior written consent of Frasers Property;
• take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Website;
• 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 Website;
• post or transmit to or through this Website 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 Website 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 this Website, 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 this Website. Frasers Property reserves the right (in its absolute discretion) 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 Website. You must not post or transmit (or cause to be posted or transmitted) any communication or solicitation designed or intended to obtain personal data from any Website user;
• if Frasers Property gives you a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access (whether authorised or not); and
• you have exercised your independent judgment and have not relied on any representation made by Frasers Property 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 Frasers Property (which material may be out of date or superseded).

Links to other websites

The Website may contain links to other websites operated by third parties ("Third Party Websites").

Frasers Property 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).

Subject to any applicable law which cannot be excluded,Frasers Property 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.

Frasers Property does not authorise the reproduction of Third Party Material by linking material on this Website to Third Party Material.

When you follow a link on this Website, material on a Third Party Website may be displayed in your browser framed by material on this Website. 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 are made by, the Third Party Website operator. To the extent that such offers and statements are made on the Website, those offers and statements are made by Frasers Property on behalf of the operator. Frasers Property expressly disclaims acting in any other respect on behalf of Third Party Website operators.

Frasers Property may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from this Website.

A link to a Third Party Website does not mean that we endorse the content of that website. Your access to Third Party Websites may be governed by their own, separate terms of use.

You must not create a link to this Website from another website or document without our prior written consent.

Indemnity

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

Trademarks

The ‘Frasers Property’ name and all its associated trademarks are trademarks of Frasers Property.

Any other trademarks appearing on this Website may be the trademarks of the relevant owners.

You must not use any trademarks that appear on this Website without the written consent of the trademark owner.

Disclaimers

While Frasers Property has tried to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided ‘as is’ and ‘as available’ and Frasers Property takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause Frasers Property to be in breach of the terms of the Licence.

To the maximum extent permitted by law, Frasers Property:

• will not be liable for any cost, loss or damage suffered by you through your use of the Website or Frasers Property’s failure to provide access to the Website or any Third Party Websites or any information updates; and
• the Content may contain general information about Frasers Property’s 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 Frasers Property’s 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.
• constitute an offer or inducement to enter into a legally binding contract;
• form part of the terms and conditions for Frasers Property’s 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.

This Website may include information about stocks and their prices. The information made available on stock prices on this Website does not reflect the current or ‘real time’ price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, 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 this Website.

Warranties

Frasers Property does not warrant or make any representations:

• that this Website 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 this Website;
• in relation to the use or the results of the use of the Content or this Website as to their correctness, accuracy, reliability, or otherwise;
• that use of this Website will be compatible with the hardware and software you are using to access it; or
• that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.

Frasers Property 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, Frasers Property (and our 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 legal costs and defence or settlement costs), whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed through this Website), or to access of the Website by you, however caused, whether in contract, tort including negligence, statute or otherwise.

To the extent permitted by law, all implied terms are excluded from this Licence. If any statute implies terms into this Licence, which cannot be lawfully excluded, such terms will apply to this Licence, except that the liability of Frasers Property for breach of any such implied term or express guarantee will be limited to the maximum extent possible (at the option of Frasers Property) 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.
• 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.

Frasers Property reserves the right to make any change, add or remove any material in or from this Website without notice. Frasers Property 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.

Termination and suspension 

Frasers Property reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate this Website and any goods or services offered by or through this Website. All provisions of this Licence which by their nature should survive termination will survive termination, including ownership provisions, disclaimers and indemnities.

Waiver 

Failure or neglect by Frasers Property to enforce at any time any of the provisions of this Licence will not be construed or deemed to be a waiver of the rights of Frasers Property under this Licence.

No waiver by Frasers Property of its rights under this Licence will be deemed a waiver of any other term or provision and will be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Interpretation

When we say including in these Terms of Use, we mean ‘including but not limited to’.

When we say $ or dollars anywhere on the Website we are referring to Australian currency and all prices include GST (unless stated otherwise).

Privacy

Frasers Property respects your privacy and handles personal information in accordance with its Privacy Policy which you can read here. That Privacy Policy applies to this Website and it explains how personal data will be treated as you access and interact with this Website.

Severability 

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

Applicable law 

This Licence is governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.