1. ACKNOWLEDGEMENT AND ACCEPTANCE.
1.1 By using the OwnerDeveloper websites (Websites) you acknowledge that you have read, understood and accept the legal provisions in these Terms & Conditions (Terms).
Websites mean any website owned and/or operated by OwnerDeveloper and any social media sites or blogs including but not limited to those on Twitter, Facebook, Youtube, Myspace, Slideshare, Flickr or LinkedIn.
1.2 The information contained on the Websites is subject to change without notice. If you are a regular OwnerDeveloper visitor and/or member please check these Terms regularly.
2. USING THE WEBSITES.
You are responsible and legally liable for your activity, use of and conduct on the Websites.
3. YOUR OBLIGATIONS WHEN USING THE OWNERDEVELOPER WEBSITES.
3.1 Trade Marks and Copyright
(a) “OwnerDeveloper” is the trading name for Bahrami Group Pty Ltd. All references to OwnerDeveloper include a reference to all of its related entities, authorised licensees and agents.
“OwnerDeveloper Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to OwnerDeveloper .
(b) Under Australian and international law, the material on our Websites, including all pages, graphics and services, is subject to copyright. You must not:
(i) unlawfully use any of our or our suppliers copyright material;
(ii) pass off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site; or
(iii) use, modify, publish, license, create derivative works from, transfer, or sell any copyright material, OwnerDeveloper Trade Marks, information, materials, software, products or services obtained from the Websites without our prior written consent.
(c) You may access, use, download and print information and materials displayed on the Websites for your personal and non-commercial use only (including for the purposes of property renovation, building, development, investment or purchase through OwnerDeveloper).
3.2 Unacceptable content
(a) To ensure that using the Websites is a pleasant experience for everyone, you are prohibited from posting any material that, or using the Websites in any way that:
(i) violates any laws;
(ii) is threatening, abusive, defamatory, obscene or indecent;
(iii) is false or misleading;
(iv) infringes any third-party rights including copyright, trademarks or other intellectual property rights;
(v) distributes chain letters or pyramid schemes or spam users of the Websites;
(vi) distributes viruses or any other technologies that may harm the Websites, the interests or property of OwnerDeveloper or other users;
(vii) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Websites;
(viii) copies, modifies, or distributes any other person’s content without their consent;
(ix) uses any robot, spider, scraper or other automated means to access the Websites and collect content for any purpose without our express written permission;
(x) harvests or otherwise collects information about others, including email addresses, without their consent;
(xi) bypasses measures used to prevent or restrict access to the Websites;
(xii) impersonates any person or entity;
(xiii) in any way makes available using the Websites any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
3.3 Objecting to content
You are solely responsible for any content that you create, transmit or display on our Websites and for the consequences of your actions (including any loss or damage that OwnerDeveloper or any third party could suffer) by doing so.
OwnerDeveloper has the right to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Websites at its sole discretion. If you find any content that is objectionable please contact the OwnerDeveloper Privacy Officer, whose details are listed at Section 11.
3.4 Changes to Content
OwnerDeveloper and its suppliers may make improvements or changes in the information, services, products, and other materials displayed on the Websites, or terminate the Websites, at any time without notice. OwnerDeveloper may modify the Websites Terms at any time, and such modifications will take effect immediately upon posting of the modified Terms on the Websites. Accordingly, you agree to read the Terms on a regular basis, and your continued access or use of the Websites will be deemed to be your acceptance of the modified Terms.
3.5 User generated content
If you upload content, you:
(a) (attribution of copyright owner) must include the author and source of the content and ensure you have obtained the necessary rights to use the material in the way in which it is being used;
(b) (indemnification) agree to indemnify us against all liability claims or proceedings whatsoever arising from your publishing the content by uploading it onto the Websites in relation to defamation, breach of copyright, trade mark infringement, unfair competition, trade practices, royalties, violation of rights or privacy;
(c) (warranties) warrant that the content is legally compliant and that its publication does not give rise to any rights against or liabilities against OwnerDeveloper, including anything that is capable of a breach of the Australian Competition and Consumer Law Act 2010 or relevant legislation.
If you post materials to or links from the Websites that infringes any third party rights, you indemnify OwnerDeveloper against any loss, liability, damage, cost (including OwnerDeveloper’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.
3.6 Copyright Assignment
You agree to assign copyright in all original content that you post on the Websites to OwnerDeveloper upon publication. Further, you agree to formally record such assignments and that you appoint OwnerDeveloper as your proxy as may be required for the sole purpose of completing such an assignment. OwnerDeveloper retains copyright on all content, design and artwork produced for the Websites.
If you upload photographs, audio or video recordings of yourself, you consent to give OwnerDeveloper the right to use these photographs and recordings in the production of the Websites. You further give OwnerDeveloper the right to use or reproduce this content, including your likeness, in whole or in part for publicity or broadcast purposes as we reasonably see fit (although we will endeavour to contact you in order to notify you of such use where reasonably practicable for us to do so).
3.8 Linking policy
You are welcome to put links on your site pointing to our Websites but only if all links abide by these Terms. Further, that you agree to immediately remove any links from your websites as directed if OwnerDeveloper deems the links to be misrepresentative of its brand, image and reputation in any way.
3.9 Comments Policy
At OwnerDeveloper we want as many of you as possible to engage in vibrant and lively discussions on our Websites. However, there are limits to acceptable communication and we require that discussions and/or comments posted by users on the Websites are constructive, civilized and relevant.
OwnerDeveloper reserves the right to immediately remove any content that does not fall within these guidelines and, in extreme cases, OwnerDeveloper can suspend or terminate your membership to the Websites.
4. COPYRIGHT AND TRADE MARK POLICY.
4.1 OwnerDeveloper will action notices alleging any infringement or breach of someone’s intellectual property or personal rights within 7 business days of being notified, including but not limited to:
(a) alleged copyright infringement that comply with applicable international intellectual property law (including Take Down Notices under the Digital Millennium Copyright Act); and trade mark complaints.
4.2 OwnerDeveloper will action notices alleging defamatory posts or links about you within 1 business day of being notified.
4.3 OwnerDeveloper reserves the right to remove users and/or subscribers for copyright and trade mark infringement and will use reasonable endeavours to remove any such content (or suspend it pending the dispute outcome).
4.4 OwnerDeveloper is not in any way responsible or liable for any user generated content published on its Websites so long as OwnerDeveloper removes within the time specified.
4.5 If you suspect that your copyright or trade marks have been infringed please email OwnerDeveloper using the details at Section 11.
If you suspect that your copyright or trade marks have been infringed please email the OwnerDeveloper Privacy Officer using the details at Section 11.
(a) OwnerDeveloper is not liable to you or any third party for any loss in connection with the use of the Websites or any other linked website (which may belong to any of our authorised agents or approved partners). This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
(b) All information (including but not limited to the property area, floor size, price, address, drawings, specifications and general property description) on the Websites is provided as a convenience to you, and has been provided to OwnerDeveloper by third parties. OwnerDeveloper has no belief one way or the other as to whether the information contained on the Websites is correct, neither OwnerDeveloper nor its licensors or suppliers (nor their respective directors, affiliates or employees) have checked the accuracy of the information and do no more than pass it on.
(c) You acknowledge and agree that by using the Websites you are using them at your own risk.
(d) OwnerDeveloper does not represent or warrant:
that your use of the Websites will meet your requirements;
that your use will be uninterrupted, timely, secure or free from error;
the accuracy of any information obtained by you as a result of your use of the Websites; and that defects in the operation or functionality of any part of the Websites will be corrected.
(e) Any material downloaded or otherwise, or services obtained through the use of our Websites is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
(f) OwnerDeveloper excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
(g) OwnerDeveloper does not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost 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 Websites.
THIRD PARTY WEBSITES.
The results from calculators supplied on the Websites should be used as an indication only. Results do not represent either quotes or pre-qualifications for a product or service. It is advised that you consult your legal adviser or financial adviser before proceeding with any transaction.
CHOICE OF LAW/FORUM.
These Terms are governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflicts of law. OwnerDeveloper ‘s failure to insist upon strict enforcement of any provision of these Terms will not constitute a waiver of any provision or right. Any legal action or proceeding between LJ Hooker and you related to these Terms will be brought exclusively in a court of competent jurisdiction in Australia.
(a) Lodgment of Complaints
OwnerDeveloper ‘s Privacy Officer will provide reasonable information and assistance to ensure that Complaints are lodged effectively.
Complaints may be lodged by emailing or posting a letter of complaint to the OwnerDeveloper Privacy Officer using the details at Section 11.
Complaints will be acknowledged and Website users will be advised of the progress of their Complaint.
OwnerDeveloper has established, and will continue to develop, quality processes for the effective acknowledgement and processing of complaints.
(b) Response to Complaints
Complaints will be processed in a timely and efficient manner. OwnerDeveloper is committed to continuous improvement and training to ensure that complaints are resolved promptly and courteously.
Managing our customer’s expectations realistically is OwnerDeveloper‘s goal. This involves the careful analysis of each complaint and a resolution offered as soon as practicable.
(c) Review of Complaint Handling Process
OwnerDeveloper ‘s complaint handling procedures and systems ensure effectiveness and we conduct internal reviews to highlight any need for improvement.
(d) Records/ Systems
Complaints will be recorded and analyzed to ensure that our complaint management processes comply with this policy.
Systemic trends and recurring problems will be identified and feedback provided to the relevant departments to improve processes and your customer experience.
(e) Escalation of Complaints
OwnerDeveloper’s goal in the area of complaints handling is to finalise complaints as soon as possible. Where necessary, you will be kept informed of the progress of your complaint.
Where OwnerDeveloper has exhausted the channels available to it under these Terms and the relevant Policies to address your complaint, you can escalate your complaint to the Fair Trading Office in your State, or the ACCC.
CONTACTING OUR PRIVACY OFFICER.
Bahrami Group Pty Ltd trading as OwnerDeveloper, its franchisees, licensees and its Related Bodies Corporate (we, us) understand and respect that protection of your personal information is important to you. This document sets out how we collect, use, disclose, retain and manage your privacy information and how we comply with our obligations under the Privacy Act 1988 (Cth) (Privacy Act).
In this policy:
a) Credit Assistance Provider means a person or entity that provides credit assistance (for example, mortgage and finance broking) for the purposes of the National Consumer Credit Protection Act 2009 (Cth);
b) Credit Related Information means information about your current relationship and debts with credit providers, your credit history and other information pertaining to your credit worthiness, which may be derived from a credit report about you.
c) Related Body Corporate has the same meaning as under the Corporations Act 2001 (Cth);
d) Related Entity has the same meaning as under the Corporations Act 2001 (Cth);
e) Sensitive Information has the same meaning as under the Privacy Act.
f) Website means www. OwnerDeveloper.com.au, or any other website we may establish or operate from time to time.
g) The meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation.
3. WHY DO WE COLLECT PERSONAL INFORMATION AND HOW DO WE USE IT?
a) We offer a range of services including, without limitation, providing appraisals of properties acting as a building contractor for the building and renovating of properties, designing properties, developing properties, advertising properties, acting as a Credit Assistance Provider, business broking, providing conveyancing and property settlement agents, and aggregation, connection and disconnection of utility services (Services).”
b) We collect personal information to enable us to provide our Services. This includes:
i. processing inquiries;
ii. facilitating the design, build, renovate, of properties and businesses;
iii. recording persons entering a landlord or seller’s property (e.g. for inspection, survey or appraisal purposes);
iv. facilitating the development of properties (including advertising the properties) and acting as property manager;
v. providing conveyancing and property settlement services through our recommended agents;
vi. providing financial advice and services through our recommended agents;
vii. for our internal business operations;
viii. complying with our legal obligations;
ix. advising clients of additional services or information which may be of interest;
x. providing your contact details to our partners and contractors who provide us with services;
xi. maintaining and updating our business infrastructure and systems;
xii. statistical purposes;
xiii. promoting and advertising our business, products and services;
xiv. franchise purposes, including assessment of franchise applications and management of our franchises; and
xv. insurance and governance purposes.
c) 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.
e) Our call centre may record our conversations for quality, compliance and training purposes. Please advise our operators in case you are not comfortable with this.
4. WHAT PERSONAL INFORMATION DO WE COLLECT?
The personal information we collect will depend on the Service or Services we provide to you. It may include:
a) your name, residential or business address, contact phone numbers, email address;
b) family details;
c) employment details;
d) financial information, including assets, liabilities, income, outgoings, spending patterns and credit reference reports;
e) the value of your property;
f) insurance details;
g) credit card and banking details;
h) Sensitive Information;
i) Credit Related Information;
j) information in respect to a will or estate;
k) references (e.g. to support contractor arrangements);
l) copies of photo identification (e.g. driver’s licence, passport, student ID); or
m) any other personal information relevant to the Service we are providing to you.
5. HOW DO WE COLLECT PERSONAL INFORMATION?
a) We aim to collect personal information directly from you.
b) We also collect personal information:
i. from your representatives (e.g. solicitor, accountant or financial adviser);
ii. through our Website and by other electronic communication channels;
iii. when sent to us by email or other communication from third parties;
iv. from publicly available sources of information including social media;
v. when you transact with our franchisees or if you apply to become a franchisee;
vi. when we are required to do so by law;
vii. from Strata or Bodies Corporate, Strata or Body Corporate Managers and On-Site Managers;
viii. when you enter into a competition or promotion with us or participate in a survey including an ‘after sales service’ follow-up; and
ix. from our own records;
x. from our employees;
xi. from our suppliers or partners; and
xii. from private vendors.
c) If you supply personal information to us about another person, you represent and we accept it on the basis that you are authorised to do so and that the relevant person has consented to the disclosure to us.
e) A Cookie is a piece of information that our web server may send to your machine when you visit our Websites. The Cookie is stored on your machine, but does not identify you or give us any information about your computer. A Cookie helps us to recognise you when you re-visit the Website and to co-ordinate your access to different pages on the Website. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your Browser instructions or help screen. Any information we seek to collect via cookies etc is used to better understand our customer needs and the services they are seeking from us. Cookies assist us in providing better and faster services.
f) Links on our Website may take you outside our network. These links are provided in good faith. However, we are not responsible for third party sites and accept no responsibility for the content, accuracy, security or function of third party sites
6. CONSIDERATIONS WHEN YOU SEND INFORMATION TO US
a) While we do all we can to protect your privacy, including investing in specialist security software, no data transfer over the Internet is 100% secure.
b) If you provide personal information to us electronically, there are ways you can help maintain the security of the information. These include:
i. always close your browser when you have finished your user session
ii. do not provide personal information by using a public computer; and
iii. never disclosing your user name and password to another person.
c) You are responsible for all actions taken using your username, email or password. If at any time you believe your username or password have been compromised, change your password and contact us immediately.
7. DISCLOSING PERSONAL INFORMATION
We may disclose your personal information to third parties in certain circumstances including:
a) if you agree to the disclosure;
b) when we use it for the purpose for which it was collected, e.g. as part of a design process or in the provision of another Service;
c) to employees, contractors, franchisees and service providers who assist us in operating our business and providing our Services;
d) in circumstances where you would reasonably be expected to consent to information of that kind being passed to a third party;
e) where disclosure is required or permitted by law;
f) to our Related Entities and franchises;
g) if disclosure will prevent or lessen a serious or imminent threat to someone’s life or health; or
h) where it is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of public revenue.
All third parties with whom personal information is shared are required to meet our standards of personal information protection. However, we are not responsible for the conduct of third parties with respect to the handling of your personal information and we recommend that you check their privacy policies. You consent to us using your information for marketing purposes which include our Services as well as our business partners.
We do not trade or sell your personal information however we may share your data with our energy, telecommunication, fuel and insurance clients for the purposes of facilitating your request. We always seek your consent prior to sharing your data with our clients, vendors and partners.
8. WHEN WE ACT AS A CREDIT ASSISTANCE PROVIDER
a) When we act as a Credit Assistance Provider, we may disclosure personal information to our:
i. Related Bodies Corporate;
ii. Credit Reference Providers;
iv. approved panel of lenders;
v. service providers;
vi. persons taking an interest in the property either as a co-owner, insurer or security provider:
viii. aggregators; and
ix. mortgage managers
b) We will use and disclose the personal information disclosed to us in our capacity as Credit Assistance Provider to:
i. assess whether you may qualify for a loan;
ii. assist you to decide on a suitable loan;
iii. assist in the compiling of information and documentation for submission to a potential lender;
iv. obtain any additional information that may be required by a potential lender including obtaining a credit reference from a Credit Reference Provider or obtaining Repayment History Information;
v. for administrative and compliance purposes;
vi. assess and administer commission payable by you; and
vii. advise you of other financial products and services that may be of interest to you.
9. DISCLOSURE OF PERSONAL INFORMATION OFF-SHORE
a) When providing our services (including purchasing or selling a property or arranging finance), we may provide services or disclose personal information in countries other than Australia. This may include Sensitive Information.
b) In addition to Australia, the countries where information may be disclosed include New Zealand, America, Canada, China, Hong Kong, Japan, Indonesia, Philippine, Vanuatu, Papua New Guinea, United Arab Emirates and other countries from time to time.
c) Off-shore disclosure may be through arrangements we have with entities in other countries that supply international portals which facilitate the advertising of properties and businesses for sale to overseas buyers.
d) The overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles. The overseas recipient may also be subject to a foreign law which could compel disclosure of personal information to a third party, for example, an overseas authority.
e) If you consent to the disclosure and the overseas recipient handles the information in breach of the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.
f) By providing us with personal information, you consent to us using and disclosing your personal information off-shore. If at any time you wish to withdraw your consent, contact our Privacy Officer. However, we may not be able to provide the Services you have requested in whole or in part or those Services may have to be modified.
10. HOW YOUR INFORMATION IS STORED
a) We take reasonable steps to securely store personal details and information. This includes electronic and physical security measures, staff training, use of password protection software. Details of our security systems are available by contacting our Privacy Officer.
b) When the personal information that we collect is no longer required, we will remove or de-identify the personal information as soon as reasonably possible. We may, however, retain personal information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes.
11. MARKETING AND OPTING OUT
a) We do not use Sensitive Information for marketing purposes.
b) If at any time you no longer wish to receive any additional marketing material from us or do not want your information disclosed for direct marketing purposes, contact our Privacy Officer and we will remove your details from our marketing database.
12. HOW YOU CAN UPDATE, CORRECT, OR DELETE YOUR PERSONAL INFORMATION.
a) You may request access to your personal information or correct any inaccurate or out of date information by clicking here or contacting our Privacy Officer using the details below.
b) You may request the source of any information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld.
c) If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal except to the extent it would be unreasonable to do so and the mechanisms available to you to complain about the refusal.
d) You should also contact us immediately if you believe:
i. someone has gained access to your personal information;
ii. we have breached our privacy obligations or your privacy rights in any way; or
Address: 577 Pacific Hwy Asquith Business Centre NSW 2079.
Telephone: +61 02 99871720
More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner by:
Mail: GPO Box 5218 Sydney NSW 2001