Privacy Policy
We respect the privacy of your personal information
This policy is intended to set out Landmark Property Australia, its related companies and affiliates approach to complying with the Privacy Act (Cth)1988 (‘Privacy Act’). This policy relates to the gathering, storage and use of personal information. Landmark Property Australia recognises the importance of protecting the privacy of information collected. This Privacy Policy governs the way your personal information will be dealt with.
Collection of Information
Landmark Property Australia collects personal information in order to carry on the business of property investment. The principal purpose of collection of personal information is for entry into a real estate transaction and communication with our clients, also referred to as investors. Collection, preservation and disclosure of certain personal information is governed by the Privacy Act and other legislation and without ascertaining this information, we would be unable to complete any business transactions with you, the client. It is our intention that this Privacy Policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Audio Recording
Any information or conversation taken via audio recording will be for company use only and will not be shared outside Landmark Property Australia without your written consent in the form of a separate policy to this.
Third Party Disclosure
We do not disclose personal information to any third-party organisations, with the exception of those affiliates where you have consented, or disclosure is necessary to achieve the purpose for which it was submitted. Landmark Property Australia has taken all reasonable steps to ensure that these third parties cannot use this information for their own purposes and that these parties comply with Landmark Property Australia’s privacy policy. Parties to whom Landmark Property Australia may disclose relevant personal information include: a. consultants, agents or contractors (including but not limited to real estate) acting on Landmark Property Australia’s behalf; b. Corporate affiliates (including but not limited to Solicitors, Conveyancers, Accountants, Financial Brokers); c. Regulatory authorities where required by law; d. Related parties and entities of Landmark Property Australia for marketing purposes; and e. Employees and contractors
When communicating personal information to third party organisations, Landmark Property Australia will take reasonable steps to ensure that the relevant third-party organisation has an active privacy management system in place. Please note that if you disclose your personal information to third parties, this policy will not apply, and you will be subject to the privacy policy of those third parties.
We strive to ensure the security, integrity and privacy of personal information submitted within our company and we review and update our security measures quarterly. Data transmitted over the Internet cannot be guaranteed to be completely secure and therefore we are unable to assure the security of the information you provide to us via email and website submission. We will endeavour, however, to take all reasonable steps to protect the personal information you may convey to us or from our online contact form.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information by third parties.
Unsubscribing and Update of Personal Details
Landmark Property Australia may from time to time send its clients general marketing material. Upon request, Landmark Property Australia is agreeable to removing you from our marketing campaigns. If you wish to unsubscribe or update your personal information, please contact our head office on: 1300 387 893 or alternatively email: [email protected]
Access to Information
You may at any time: Review your decision about receiving material or information; change or update personal details that we may hold about you; request more information about Landmark Property Australia or a request a copy of our Privacy Policy. If you wish to make a complaint or view the personal information we may hold on you, you should contact our office. You will need to specify the type of information to which you are seeking access. To ensure the integrity and safety of the personal information, Landmark Property Australia will only disclose to clients requested information if its internal procedures are satisfied. Depending on the nature of the information we may ask you to put your request in writing and provide your signatory to the request.
Security and further information
Landmark Property Australia takes all reasonable security measures to protect personal information from loss, unauthorised access, destruction, misuse, alteration or disclosure. No employee can access information they do not require for the proper carrying on of their role within the company. There is restricted access in place to control the right to use of confidential and personal information about individuals. Landmark Property Australia does not sell personal information to companies outside of Landmark Property Australia. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s website.
Terms and Conditions
1. About the Website
1.1 Welcome to www.landmarkpa.com.au (“Website”).
1.2 The Website provides you with an opportunity to browse various services that have been listed through the website(“Services”). The information contained on this website is not intended to be advice. It is for information purposes only. Where any part of this site is construed to be advice it is General Advice only. It does not constitute legal; tax or financial advice and you should always seek professional advice in relation to your individual circumstances. Before any person acts on any information in this document they should consider the appropriateness of the information, having regard to their objectives, financial situation and needs. Before making any decision about whether to acquire an individual should seek professional advice from their licensed adviser.
1.3 The Website is operated by Landmark Property Australia (ABN 79 150 355 015).
Access to and use of the Website, or any of its associated services is provided by Landmark Property Australia. Please read these terms and conditions (“Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understand and agree to be bound by the Terms. If you do not agree with the Terms, if you do not agree with the Terms, you must cease usage of the Website, or any of Services immediately.
1.4 Landmark Property Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Landmark Property Australia updates the Terms, it will use reasonable endeavours to provide you with the notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Landmark Property Australia in the user interface.
3. Registration to use the Services
3.1 In order to access the Services we provide, you must first register as a user of the Website. As part of the registration, process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details, including,
(a) Email address
(b) Preferred username
(c) Your name
(d) Mailing address
(e) Telephone Number
3.2 You warrant that any information you give to Landmark Property Australia in the course of completing the registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered member of the Website (“Member”) and agreed to be bound by the Terms. As a member you will be granted immediate access to our Services.
3.4 You may not use the Services and may not accept the Terms if
(a) You are not of legal age to form a binding contract with Landmark Property Australia; or
(b) You are a person barred from receiving Services under the Law of the Australia or other countries including the country in which you are resident from which you use the Services.
4. You obligations as a Member
4.1 As a Member, you agree to comply with the following
You will use the Service only for the purposes that are permitted by
(a) The Terms;
(b) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use your password by any other person may result in the immediate cancellation of the Services;
(d) Any use of your registration information by any other person or third parties, is strictly prohibited. You agree to immediately notify Landmark Property Australia of any unauthorized use of your passwords or email address or any breach of security of which you have become aware.
(e) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purpose of Landmark Property Australia providing the Purchase Services;
(f) You will not use the Services of Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website;
(g) You agree that commercial advertisement, affiliate links, and other forms of solicitation may be removed from the Website without notice and my result in termination of the Services. Appropriate legal action will be taken by Landmark Property Australia for any illegal or unauthorised use of the Website; and
(h) You acknowledge and agree that any automated use of the Website or its Services is prohibited;
5.Copyright and Intellectual Property
5.1 The Website, the Services and all of the related products of Landmark Property Australia are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights(including copyright) in the site content and compilation of the website(including text, graphics, logos, button icons, video images, audio clips and software) (“Content”) are owned or controlled for these purpose, and are reserved by Landmark Property Australia or its contribute.
5.2 Landmark Property Australia retains all rights, title and interest and to the Website and all related content. Nothing you do or in relation to the Website will transfer to you: The business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Landmark Property Australia; or
5.3 the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
5.4 a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process.
5.5 You may not, without the prior permission of Landmark Property Australia and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in a way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. Privacy
Landmark Property Australia takes your privacy seriously and any information provided through your use of the Website and/or the use of Application and /or purchase of the Services are subject to Landmark Property Australia’s Privacy Policy, which is available on the Website and Application.
7. General Disclaimer
7.1 You acknowledge that Landmark Property Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the services other than provided for pursuant to these Terms.
7.2 Landmark Property Australia will make every effort to ensure the Services is accurately depicted on the Website, however, you acknowledge that size, colours and design may differ from what is displayed on the Website.
7.3 Noting in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australia Consumer (or any liability under them) which by law may not be limited or excluded.
7.4 Subject to the clause, and to the extent permitted by law,
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded and
(b) Landmark Property Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is re resulting from our failure to meet an application Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Service or these Terms ( including as a result of not being able to use the Service or the late supply of the Services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statue or otherwise.
7.5 Use of the Website, the Service, and any of the products of Landmark Property Australia (including the delivery of the Service) is at your risk. Everything on the Website, the Services and the products of Landmark Property Australia, are provided to you on “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Landmark Property Australia Pty make any express or implied representation or warranty about its contents or services of Landmark Property Australia referred to on the Website.
7.6 This includes (but is not restricted to ) loss or damage you might suffer as a result of any of the following:
- Failure of performance, error, omission, interruption, deletion, defect,
- Failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of date, communication line failure, unlawful third-party contact, or theft, destruction alternation or unauthorised access to records;
- The accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisement of the Website);
- Costs incurred as a result of you using the Website, the Services or any of the Products;
- The content or operation in respect to links which are provided for the User’s convenience;
- Any failure to complete a transaction, or any losing arising from e-commerce transacted on the Website; or
- Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
8. Limitation of Liability
8.1 Landmark Property Australia’s total liability arising out of or in connection with the Service of these Terms, however arising, including under contract, torts (including negligence), in equity, under statute of otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not paid the purchase price, then the total liability of Landmark Property Australia is the resupply of information or services to you.
8.2 You expressly understand and agree that Landmark Property Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damage which may be incurred by you, however, caused and under any theory of liability. This shall include but is not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8.3 Landmark Property Australia is not responsible or liable in any manner for any site content (including the content and third party content) posted or caused by user of the website of Landmark Property Australia, by third parties or by any of the Services offered by Landmark Property Australia.
8.4 You acknowledge that Landmark Property Australia does not provide the Delivery Services to you and you agree that Landmark Property Australia will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
9. Termination
9.1 The Terms will continue to apply until terminated by either you or by Landmark Property Australia as set out below,
9.2 If you want to terminate the Terms, you may do so by,
(a) notifying Landmark Property Australia at any time; and
(b) Landmark Property Australia is required to do so by law
(c) the partner with whom Landmark Property Australia offered the Service to you has terminated its relationship with Landmark Property Australia or ceased to offer the Services to you;
(d) Landmark Property Australia is transitioning to no longer providing the Service to users in the country in which you are resident of from which you use the service; or
(e) the provision of the Services to you by Landmark Property Australia is in the opinion of Landmark Property Australia, no longer commercially viable.
9.3 Subject to local applicable laws, Landmark Property Australia reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all of any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if you conduct impacts Landmark Property Australia’s name or reputation or violates the rights of those of another party.
9.4 When the Terms comes to an end, all the legal rights, obligations and liabilities that you and Landmark Property Australia have benefited from, been subject to (or which has accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cession, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
10. Indemnity
10.1 You agree to indemnity Landmark Property Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website.
(b) any direct or indirect consequence of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c ) any breach of the Terms
11. Complaint
11.1 If for any reason, you do not feel that you have received the highest standard of care from Landmark Property Australia, we encourage you to share this with us. Landmark Property Australia has developed a process that makes it easy for you to tell us of your concerns and for them to be addressed quickly and fairly. If you choose to contact us by mail or email, please make sure you provide as much detail as possible about your complaint.
11.2 If you have lodged a complaint with us, you can contact us at any time to ask for an update on its status. Contact us through any of the methods listed above and please be sure to refer to your earlier communication so that we can respond effectively.
11.3 We will try to deal with your complaint on the spot. However, if this is not possible, we will write to you to acknowledge your complaint within 5 days. We will ensure we treat you fairly and will work to resolve your complaint as soon as possible. In the rare event we are still investigating your complaint after 45 days, we will write to you to explain why and to let you know when we expect to have completed our investigation. When we have completed our investigation, we will write to let you know the outcome and the reasons for our decision.
11.4 We hope that you will be satisfied with how we deal with your complaint. However, if your concerns remain unresolved, or you have not heard from us within 45 days, then you can have your complaint heard by an independent party, the Credit and Investments Ombudsman (CIO). You can contact CIO at:
1800 138 422 (local call cost)
Credit and Investments Ombudsman
PO Box A252
Sydney South NSW 1235
12. Dispute Resolution
12.1 If a dispute (“Dispute”)arises out of or relates to the Terms, either party may not commence any tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with ( except where urgent interlocutory relief is sought).
12.2 A party to the Terms claiming the dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13. Resolution
13.1 On receipt of that notice(“Notice”) by the other party, the parties to the Terms must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australia Mediation Associate or his or her nominee;
13.2 All communication concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.3 If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to termination the mediation and the mediator must do so.
13.4 The Services offered by Landmark Property Australia is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
14. Governing Law
The Terms are governed by the law of Victoria, Australia,. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the law of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Term shall be binding to the benefit of the parties hereto and their successor and assigns.
15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advices and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restrained of trade.
16. Severance
If any part of these Terms in found to be void or unenforceable by a Court competent jurisdiction, that part shall be severed and the rest of the terms shall remain in force.