Terms & Conditions

Ownership and Formation of Agreement

Ownership

This website https://www.inghamproperty.com.au (Site) is owned and operated by Ingham Property Holdings Pty Limited (ABN 34 160 339 855), Ingham Property Pty Ltd (ABN 95 644 793 046) and Ingham Rural Property Group Pty Ltd (ABN 40 160 339 882) (hereinafter referred to as we, us, and our)

Formation of Agreement

These Terms govern your use of the Site.

You should always check these Terms every time you visit the Site as we may make changes to it from time to time without providing you with specific notice of those changes.

Please read these Terms carefully, because by using the Site:

1. you are confirming that you have not only read these Terms but that you agree to be bound by them; and
2. you agree that a legally binding agreement is formed between you and us.

If you do not agree with these Terms you should immediately cease using the Site.

Authority

You warrant that:

1. you are over the age of eighteen (18), or if you are not, then you have obtained the consent of your parents or guardians to access and use the Site;
2. your use of the Site creates legal binding obligations for any liability you may incur as a result of using the Site; and
3. the information you supply via the Site will be accurate and not misleading, deceptive or likely to misled or deceive.

Privacy Policy

Whilst making enquiries with us, you may be required to provide us with some of your personal details (including, for example, your name, phone number, email address and other personal details).

Therefore, please review our Privacy Policy which describes how we collect, store, use, handle and disclose information provided by you as a result of the use of the Site by you.

Conditions of Your Use of the Site

You must not:

1. use another person’s personal information without permission;
2. make any fraudulent, speculative or false enquiries, reservations or requests using the Site;
3. tamper with, hinder the operation of or make unauthorised modifications to the Site;
4. commit any act that may breach any laws; or
5. knowingly permit another person to do any of the above acts.

Disclaimer and Limitation of Liability

Disclaimers

The information we provide on the Site is of a general nature only. You acknowledge and agree that we are not providing professional advice and you should obtain your own independent advice and undertake your own research that is appropriate to your circumstances.

Any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site is at your sole risk and we will not be responsible or liable for any loss or damage that results from the use of the information on the Site.

Security of Site

Although we take all steps to ensure the security and integrity of the Site, you agree that we will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from us not being secure or virus-free.

Limitation of Liability

Despite anything else contained in these Terms, we will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with your use of the Site, your reliance on any information contained or accessed through the Site, failure to perform any other term or condition, call or respond to you promptly (if at all) or place any follow up calls or emails.
To the fullest extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute that impose any liability on us are expressly excluded.

To the full extent permitted by law, we will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by

Errors

The information we collect may fall into three categories, being:

1. The Site displays a wide variety of information. Although we use our best endeavours to ensure that the information on the Site is correct there may be times where errors or omissions have unfortunately been made.
2. We reserve the right to correct any such errors or omissions without notice and without any claim being made against us.
3. You cannot make a claim against us on account of any of the information being inaccurate or incorrect.

Copyright and Intellectual Property

We will at all times retain ownership of all intellectual property rights (including but not limited to registered trademarks) used in respect of the Site (with the exception of third party advertisements (if any)) and in connection with our products and/or services (together referred to as Our IP).

The contents of the Site (including all photographs, images, videos, text, illustrations, software, audio, video and other items) is also Our IP and subject to copyright under the Copyright Act 1968 (Cth) and any other relevant law.

Except for the purpose of viewing, printing and accessing the Site for your own personal use, you must not copy, use, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without our written consent.

It is an essential term of these terms and conditions that you must not:

1. launch or attempt to launch a site or arrangement that is the same or similar to the Site or which uses Our IP without our express written consent;
2. do anything that:
1. is inconsistent with our interest in Our IP;
2. infringes upon our rights to use and exploit Our IP; or
3. which leads to the value of Our IP being diminished or otherwise adversely affected.

If you know, or believe that Our IP rights has been infringed by a third party, please call or email us.

Third Party Sites and Hyperlinks

We make no representation about, and assume no responsibility for, any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by us of that website or the products and/or services being offered through that website.

You agree that we will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by us.

Linking to the Site is not permitted without our express written consent.

Complaints

We take all complaints seriously and will use our best endeavours to ensure all complaints are addressed promptly. If you have any complaints or issues, please contact us as soon as possible.

General Provisions

Failure on our part to enforce any provision of these Terms is not to be construed as a waiver of any provision or right.

These Terms are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.

We may assign or novate our rights under these Terms at any time without your consent. You cannot assign or novate your rights and obligations under these Terms without our consent (which will not be unreasonably withheld).

Privacy Policy

This Privacy Policy applies to any of your personal information collected by Ingham Rural Property Group Pty Ltd (ABN 40 160 339 882) (hereinafter referred to as we, us, and our).

1. We understand the importance of the privacy of an individual’s personal information. This Privacy Policy governs:
   1. how we collect, store, use, handle and disclose your personal information as you use this website https://www.inghamandco.com.au (Site) and/or purchase our products and/or services; and
   2. how we aim to protect the privacy of your personal information.
2. We respect the rights and privacy of all individuals and are committed to complying with the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APP’s) and protecting the personal information that we hold.
3. Please read this Privacy Policy carefully as by using the Site and/or purchasing our products and/or services, you are confirming that you have read this Privacy Policy and understand how your personal information will be handled by us.

What Personal Information Do We Collect?

1. Personal information is information or an opinion about an identified person, or information from which a person could reasonably be identified. That is regardless of whether the information or opinion is true, and whether or not it is stored in a material or intangible/electronic form.
2. We collect the types of personal information required to assist us in providing our products and/or services, fulfilling our functions and activities and informing you about them.
3. This includes personal information such as:
   1. contact details such as your name, date of birth, gender, phone number, email and address;
   2. financial information such as your bank account and credit card details;
   3. information obtained through your interaction with the Site and which is collected through various technologies (such as cookies);
   4. information to assist our relationship management and market research functions, which may include information relating to your interests, experiences and preferences; and
   5. any other personal information you provide to us.

How Do We Collect Personal Information?

The information we collect may fall into three categories, being:

1. personal information you voluntarily supply to us to purchase our products and/or services, make enquiries with us or to use the Site;
2. tracking information and other unique identifiers we collect as you navigate through the Site; and
3. personal information about you provided to us by third parties.

How Do We Use Your Personal Information?

1. We will use personal information you provide for the primary purposes of:
   1. informing you about our products and/or services, including conducting promotional and marketing activities;
   2. improving our business and our products and/or services;
   3. using that information as part of the provision of the products and/or services by us;
   4. administering our relationship with you by:
      1. responding to your enquiries; and
      2. providing you with information about our products and/or services that may be of interest to you.
   5. enabling you to interact with us on the Site and to record your interaction with the Site;
   6. any other purposes that may be expressly stated in terms and conditions that you agree to; and
   7. secondary purposes incidental to these primary purposes.
2. By submitting your personal information, you consent to us using it to:
   1. provide you with our products and/or services;
   2. administer our relationship with you;
   3. monitor online activity on the Site;
   4. market, improve and add to our products and/or services;
   5. respond to a serious threat to an individual’s life or to public health or safety;
   6. respond to suspected unlawful activity; or
   7. where required or authorised by law.

Who Do We Disclose Your Personal Information To?

1. We may use and disclose your personal information to:
   1. governmental or regulatory authorities upon request being made or otherwise as required by law; and
   2. other members and entities of our corporate group.
2. Otherwise, we will not disclose your personal information to any third party without your consent.
3. We will generally seek your consent to disclose your personal information to third parties in the following circumstances:
   1. Where it is necessary for the provision of our products and/or services to you.
   2. For administrative or other business management purposes.
4. Where you have consented to us disclosing your personal information to a third party that is located overseas:
   1. we will endeavour to notify you of the country or countries to which your personal information will be disclosed at the time you provide your consent; and
   2. before disclosing any personal information to an overseas recipient, we will take steps reasonable in the circumstances to ensure the overseas recipient complies with the APP’s or is bound by a substantially similar privacy scheme.
5. Any disclosure of your personal information to third parties is always done on a strict confidential basis (as far as is reasonably practicable).

Will You Receive Direct Marketing?

1. Yes. You authorise us to send you promotional messages and materials related to our products and/or services (including through a third-party service provider), unless you submit a request not to receive direct marketing communications.
2. Our direct marketing messages and materials will contain a prominent statement (including, for electronic messages, a functional unsubscribe facility) that allow you unsubscribe from receiving direct marketing communications.
3. If you do not wish to receive marketing or other communications from us, please submit a request not to receive direct marketing communications or use the unsubscribe facility provided in the most recent marketing communication from us or contact us.

Security of Your Personal Information

1. We will take all reasonable precautions to ensure that your personal information is not misused, interfered with, altered or otherwise unlawfully accessed.
2. We hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
3. If we become aware that a third party has accessed or used your personal information without permission and such breach is likely to place you at risk of serious harm, we will endeavour to comply with any requirements imposed on us by law.
4. Subject to our obligations at law to maintain personal information, we will destroy or de-identify personal information in circumstances where it is no longer required by us.

How Can You Access and Correct Your Personal Information?

1. You generally have the right to access your personal information free of charge, subject to some limitations contained in the Privacy Act.
2. The APP’s set out some circumstances in which we are not required to provide you with such access. If you ask for your personal information and any of these circumstances exist, you may be given access to the personal information in a way that is permitted under the Privacy Act.
3. To protect personal information held by us, you may need to confirm your identity before access to your personal information is granted and you must be reasonably specific in your request.
4. We endeavour to respond to your request to access your personal information as soon as is reasonably possible after your request. However, it may take a little time to process your application for access and retrieve information from storage (if applicable).
5. We encourage you to update us so that we have accurate, current and complete information. You may correct any errors or request that we delete all or some of your personal information. You may also submit a request not to have any further contact from us.
6. Unless otherwise prohibited by the Privacy Act, we may charge you a reasonable administration fee to reflect the cost to us for providing access to your personal information.
7. If we refuse your request to access your personal information, we will provide you with written reasons for the refusal.

Can You Remain Anonymous or Withhold Personal Information?

1. Where practical, you may choose not to identify yourself and deal with us on an anonymous basis or use a pseudonym.
2. However, if you do not provide us with required personal information we may not be able to provide you with the requested products and/or services

Will This Privacy Policy Change?

We may amend this Privacy Policy from time to time and those amendments will be effective immediately upon notification on the Site.

How Can You Complain About Privacy Breaches?

1. If you have a complaint in relation to the collection, use and/or disclosure of your personal information, wish to access or update your personal information or have a general query with respect to this Privacy Policy or your personal information, please contact our Privacy Officer via the details provided at section 12.
2. Our Privacy Officer will promptly review all complaints and other requests received and respond to each complainant upon due consideration (which may require further information to be provided).
3. If a privacy concern or complaint is not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner.

Who Can You Contact About Your Personal Information?

To contact us about your personal information, concerns or complaints, email or call our Privacy Officer on:

• Email: admin@inghamproperty.com.au
• Phone: +61 2 8730 3843
• Address: Suite 1.02, 4F Huntley Street, Alexandria NSW 2015