TERMS AND CONDITIONS

Please read this legal information carefully.

  1. Terms of Use

These terms of use, along with our Privacy Policy and other notices on the Hot New Properties Pty Ltd ACN 153 647 637 (“HNP”) website, hotnewproperties.com.au (“Website”), form the basis on which you may access and use the Website. We reserve the right to change our Terms and Conditions for using the Website at any time by publishing new Terms and Conditions on the Website. Your use of the Website constitutes your acceptance of any new Terms and Conditions.

Should you object to any of our Terms and Conditions or any other notices on the Website your sole option is to immediately cease your use of the Website. Information on the Website should not be regarded as a substitute for professional legal, financial or real estate advice.

  1. Definitions

Contributions means information including data, text, video, still images, audio or other material that HNP has permitted you to host, share, publish, post, store or upload on the Website as permitted under this Agreement.

HNP means Hot New Properties Pty Ltd ACN 153 647 637and its subsidiaries.

Other User Contributions means information including data, text, video, still images, audio or other material that HNP has permitted users other than you to host, share, publish, post, store or upload on the Website.

Project means any property development project that is advertised, or mentioned, on the Website.

Property(s) means any property that is advertised or mentioned on the Website.

Terms and Conditions means these terms of use, the HNP Privacy Policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time.

Website means the website at the domain address ‘hotnewproperties.com.au’.

  1. General

If we don't enforce any particular provision of these Terms and Conditions, or of our Privacy Policy, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may update these Terms and Conditions at any time, with updates taking effect when you next post or 30 days after we post the updated Terms and Conditions on the Website, whichever is sooner.

  1. Liability

HNP makes no warranty as to the accuracy or reliability of the information contained on the Website (including, but not limited to, any content or information generated on the Website by or on behalf of HNP, or any third party providing content on the Website) and HNP and HNP’s related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the Website.

HNP makes no other warranties, conditions or representations, written, oral, express or implied, in fact or in law, including without limitation any implied warranties, conditions or representations of design, merchantable quality, fitness for any specific or general purpose, title or non-infringement, all of which are, to the extent permissible by law, expressly excluded and disclaimed. HNP makes no warranty and you hold HNP harmless in the case of any cash payments, reductions in price, discounts and bonuses where such cash payments, reductions in price, discounts and bonuses are made based in reliance by HNP on a third party including developers. 

HNP makes no warranty and you hold HNP harmless in the case of any cancellation of contract, sunset clause, termination clause or any other matter whatsoever where you have suffered loss as a consequence of any action or inaction by a third party including developers.

The information on the Website is provided as an information service only and should not be relied upon as a substitute for financial or other professional advice.

  1. Trade Mark & Copyright

The information and contents of the Website are protected by copyright pursuant to the Copyright Act (Cth) in Australia and ratified through international treaties in other countries. You the user may view the content contained on the Website by using your web browser. You may print out a copy or save an electronic copy of parts of the Website solely for the purpose of your own information, research or study but only if you do not modify the copy from how it appears on HNP’s Website unless expressly authorised by HNP and then only in accordance with HNP’s Terms and Conditions.

The contents of the Website may contain registered trade marks, trade marks subject to pending applications for registration and items that are protected at law. Unless otherwise indicated, the trade marks, copyright and all other intellectual property rights are owned by HNP. You shall not use any or all of the trade marks contained in the Website except
(a) by saving or printing a copy of the Website pursuant to a legally valid copyright notice;
(b) as part of a fair and accurate reference to HNP, with adequate and correct recognition of the trade marks status, and;
(c) with prior written consent obtained from HNP.

  1. Restrictions On Use Of The Website

In accessing or using the Website you agree that you will not do any of the following:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on the Website.
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate Website usage.
(d) use any content on, or index the Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner.
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not.
(f)  use the Website or any content from the Website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available.
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right.
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person.
(i)  act in violation of any of these Terms and Conditions or any applicable law.
(j)  reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any content on the Website, except as expressly authorised by HNP.
(k) transmit or attempt to transmit any computer viruses, worms, defects or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

  1. Third Party Links And Advertising

Our Website may include advertisements, hyperlinks and pointers to websites operated by third parties.
Links to third party websites do not form part of the Website and are not under the control of or the responsibility of HNP. When you link to websites operated by third parties you leave the Website and do so entirely at your own risk.

HNP and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and HNP and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites.
A display of advertising does not imply an endorsement or recommendation by HNP.

  1. Content Provided By Third Parties

This Website contains information provided by third parties.  HNP and its related entities (including officers, agents, partners and employees of each of the forgoing) accept no liability, and do not warrant the accuracy of any information provided by third parties, or any other information on the Website including in respect to Property(s) or Projects, including the measurements and details of Property(s) or Projects, stamp duty, lenders mortgage insurance, first home owner grants, concessions and bonuses, depreciation, home and contents insurance, loan repayments, land lord insurance, water rate statistics regarding Property(s) or Projects, transport access and availability,  distances to facilities and amenities, financial information regarding Property(s) or Projects, rental returns regarding Property(s) or Projects, status of Property(s) or Project developments, amenities specific to Property(s) or Projects, Property or Project descriptions, Project or Property statistics, Property or Project completion dates, Property(s) or Projects rental yields, council rates regarding Property(s) or Projects, prices regarding Property(s) or Projects, or recommendations regarding Property(s) or Projects.

Users of the Website should not place any reliance on the accuracy of any information provided by third parties, information provided by HNP, or any other information on the Website in regards to Property(s) or Projects, including in respect to measurements and details of Property(s) or Projects, stamp duty, lenders mortgage insurance, first home owner grants, concessions and bonuses, depreciation, home and contents insurance, loan repayments, land lord insurance, water rate statistics, transport access and availability, distances to facilities and amenities, statistics regarding Property(s) or Projects, financial information regarding Property(s) or Projects, rental returns regarding Property(s) or Projects, status of Property(s) or Project developments, amenities specific to Property(s) or Projects, Property or Project descriptions, Project or Property statistics, Property or Project completion dates, Property(s) or Projects rental yields, council rates regarding Property(s) or Projects, prices regarding Property(s) or Projects, or recommendations regarding Property(s) or Projects. Users of the Website should obtain their own financial or other professional advice in these respects.

You should be aware that there may be technical inaccuracies (including calculators, tools, and resources on the Website) typographical errors, programming bugs or computer viruses in this web Website or its content.

Access to this web Website is provided on the following conditions:
(a) to the full extent permitted by law, HNP will be under no liability to any person in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with any use of the Website or of the information on or accessed through this Website for whatever reason (including negligence).
(b)  where any statute implies any term in relation to your use of the Website and that statute prohibits any exclusion or modification of that term, then that term is included.

  1. Contributions

For the purposes of this section titled Contributions, “You” or “you” means the individual making Contributions to HNP’s Website.

HNP may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, HNP may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation.
(b) those Contributions infringe the intellectual property rights of any third party.
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice.
(d) those Contributions are:
(i) misleading or deceptive.
(ii) inappropriate having regard to the purpose of the Website.
(iii) likely to cause offence.
(iv) materially incorrect.
(v) obscene.
(vi) defamatory.
(vii) otherwise unlawful.
(viii) corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. HNP is under no obligation to treat your Contributions as proprietary information.

To the extent that any Contributions are proprietary in nature, you grant HNP, in respect of Contributions to its Website a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not.

You also grant each user of the Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, and display and perform your Contributions as permitted by HNP and this Agreement.

You grant HNP, in respect of Contributions to its Website the right to use your name or the name you submit with the Contribution and the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions.
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise HNP to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution.
You understand that when accessing the Website, you may be exposed to Other User Contributions.
You acknowledge and agree that HNP does not have control of, and is not responsible for, Other User Contributions. You release HNP from any claims that you could assert against HNP relating to or in connection with Other User Contributions.

  1. User Warranties

You represent and warrant that:
(a)  the information you supply on registration is accurate in all respects.
(b)  if any of that information changes you will promptly notify HNP in writing of the changes (click here for contact information).
(c)  your use of the Website will comply at all times with these Terms and Conditions and any directions published from time to time by HNP on the Website.
(d)  you will make sure that you keep your username and password by which you access the Website confidential and secure at all times.
(e)  you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to HNP.
(f)  you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise HNP to display your Contributions.
(g)  you will not make any Contributions that:
(i)   infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you.
(ii)  are misleading or deceptive.
(iii)  are materially incorrect.
(iv)  are likely to cause offence.
(v)  directly or indirectly involve the advertising or marketing of any products or services.
(vi)  are obscene, including pornographic, hateful, racially or ethnically offensive material.
(vii)  are defamatory.
(viii)  are otherwise unlawful or encourage unlawful conduct.
(ix)  are otherwise inappropriate having regard to the purpose of the Website.

  1. Indemnity

You agree to indemnify HNP and HNP’s related parties (including officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable legal fees) arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms.

  1. Disclaimer

You use the Website at your sole risk. We do not make any representation or warranties that any material on the Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions. We will not be liable for loss resulting from any action or decision by you in reliance on the material on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Website in any circumstance. This includes any particular Property or Project developer that does not fulfil any or all of their obligations to any other user of the Website in any circumstances whatsoever.

  1. Limitation Of Liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of Australian States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, HNP’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at HNP’s sole option to the re-supply of services or payment of the cost of re-supply of services, or the replacement or repair of goods or payment of the cost of replacement or repair.

IN NO EVENT SHALL HNP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES.

  1. Confidentiality

HNP does not guarantee that your use of the Website will be confidential. HNP takes no responsibility for any harm caused to you or any person suffered as a result of any breach of confidentiality other than that which is required by law. Any or all information other than personal information that you disclose on the Website may be used by HNP in relation to the provision of services accessible on the Website including the marketing of those services. Any information that is disclosed on the Website may not be secure during the transmission process over the internet. Parties other than those parties involved in the transmitting may be able to intercept the information.

  1. Jurisdiction

Your use of this Website and all of HNP’s legal notices is governed by and construed in accordance with the laws of Victoria, Australia and by using the Website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

  1. Resolution Of Disputes

If a dispute arises between you and HNP, we strongly encourage you to first contact HNP directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Thank you for taking the time to read our Terms and Conditions.