Terms and Conditions of Website Use
1. Ownership of Website
- This Website is owned and operated by Ranfurlie Asset Management Pty Ltd ACN 606 170 503.
- In these terms and conditions (Website Terms), the expressions ‘we’, ‘us’ and ‘our’ are a reference to Ranfurlie Asset Management Pty Ltd and includes its related entities.
2. Use of Website
- The Website Terms apply to your use of this website. In using this website or by proceeding beyond the homepage, you agree to be bound by the Website Terms. If you do not accept the Website Terms, you must refrain from using this website.
- We may amend the Website Terms as necessary. Amendments will be effective immediately upon publication on this website. Your continued use of this website following such publication will be regarded as your acceptance of the Website Terms as amended.
- In addition to these Website Terms there may also be specific and additional terms that apply to certain sections of the Website. Please review those specific and additional terms whenever they appear. In the event of any inconsistency between those specific and additional terms and these Website Terms, the specific and additional provisions will prevail.
3. User Conduct
- You may use this Website only for your personal and non-commercial lawful purposes unless we otherwise agree in writing. You may not, without our written permission, make commercial use of the information obtained from the Website.
- You are responsible for all of your activities in connection with accessing and using the Website. Any abusive, fraudulent or otherwise illegal or tortious activity may be grounds for termination of your access to the Website. You may not post or transmit any material or communication intended to obtain personal data from any Website user. You must not disrupt or interfere with the Website or any related services, systems or networks. You must respect other users’ privacy and not interfere with their use or enjoyment of the Website. 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.
- You agree to indemnify and hold us and our related entities harmless from any claim, action, demand, loss or damages incurred by any third party arising out of or relating to your conduct on this Website (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Website Terms, or your breach of any rights of third parties.
4. Linked Websites
- This Website may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites, and you acknowledge and agree that we have no control over and do not monitor third party websites.
- Unless expressed otherwise in this Website, our links to linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.
- If you hyperlink to this Website you must:
- obtain our consent;
- not hyperlink to any part of this website other than the http://ranfurlieam.com.au/ home page;
- attribute us as the original source of the hyperlink; and
- comply with all privacy, intellectual property and all other applicable laws.
5. Security of Information
- Data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- Content on this Website contains general information about our products and services. Unless otherwise stated, such content does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for our 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.
- The advertisement of our land packages and house and land packages, including house and land packages available in conjunction with third parties, does not constitute an offer for sale or any kind of guarantee that the particular land packages and house and land packages advertised on this website will be offered for sale or will be offered for sale at the location, on the terms and for the prices advertised on this Website.
- The fact that information is accessible through this Website is not a recommendation by us of the merits, or a guarantee of the performance, of any of our land packages or our house and land packages.
- We derive the information on this Website from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
- It remains your responsibility to evaluate the accuracy, completeness and usefulness of any information obtained from this website. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on this Website.
- You acknowledge that where the information made available on this Website contains opinions or judgements of third parties, are third party advertisements or links to third party advertisements:
- any opinions or advice by third parties on the website remain the responsibility of those third parties;
- we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice;
- responsibility for the content of any advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers;
- each advertiser is solely responsible for any representations made in connection with its advertisement; and
- we do not accept liability for loss or damage caused by your reliance upon any information made available on this Website or linked websites by third parties including any judgments, opinions or advertisements made by third parties.
- You should make your own inquiries and seek independent advice from relevant professionals before acting on any information or material contained on our website.
- The contents of this Website are provided on an “as is” and “as available” basis. We do not warrant that the information is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the fullest extent permitted by law we disclaim all warranties, express or implied, including warranties of fitness, merchantability, availability of goods or services, or non-infringement.
- We do not accept any responsibility for any loss or damage, however caused which you may directly or indirectly suffer in connection with your use of the Website, its contents or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website including any information made available on this website or linked websites hosted by third parties.
- We do not accept liability for any failure on our part to comply with these Website Terms where such failure is due to circumstances beyond our reasonable control.
8. Limitation of Liability
- Under the Australian Consumer Law (ACL), certain consumer guarantees may apply in respect of this website. Nothing in the Website Terms should be interpreted as attempting to exclude these consumer guarantees or limit our liability for breaching the guarantees.
- Subject to the applicable consumer guarantees, and to the extent permitted by law, we exclude any condition, guarantee or warranty which would otherwise be implied into the Website Terms.
- If you make a claim against us regarding the products or services we provide on this Website:
- in respect of any breach or alleged breach by us of the consumer guarantees and the relevant products or services are not a kind ordinarily acquired for personal, domestic or household use; or
- b. in respect of any cause of action other than a breach of the ACL (including without limitation, for breach of contract or negligence by us), to the extent permitted by law, our liability will be limited, at our discretion, to:
- if the breach relates to goods – the replacement of the goods, the repair of the goods, the payment of the cost of repairing the goods, or the supply of equivalent goods; and
- if the breach relates to services – the supplying of the services again, or the payment of the cost of having the services supplied again.
- Any exclusion or limitation of liability set out in the Website Terms or on this website does not attempt to purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded. We otherwise expressly disclaim and exclude, to the full extent permitted by law, any liabilities imposed on us or implied into these Website Terms under any law whether in contract, tort including negligence, statute or otherwise.
9. Intellectual Property
- We own, or are licensed to use, all the intellectual property rights (including copyright and trade mark rights) subsisting in or relating to all information, text, content, materials, graphics, logos, icons, sound recordings, software, and source code on this Website.
- Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except expressly authorised by the Website Terms, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- otherwise commercialise any information, products or services, obtained from any part of this Website, without our written permission, or in the case of third party material, from the owner of the intellectual property rights in the third party material.
10. Errors and Defects
- We do not guarantee that this Website will be free from errors or viruses, or that access to this Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of this Website.
- Whilst we endeavour to keep this website up to date and accurate, we cannot guarantee that the information on this website will be up to date or accurate.
- You must not assign your rights under the Website Terms without our prior written consent.
- We do not waive, and no action of ours can be construed as waiving, any rights available to us under the Website Terms.
- The terms and conditions set out in this document are severable. Where a term or condition is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall continue to apply.
13. Termination of Access
- Access to this Website may be terminated at any time by us without notice. In the event of termination, all provisions of these Website Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, disclaimers, indemnities, limitations of liability, acknowledgments and intellectual property provisions.
- If any provision of these Website Terms are deemed unlawful or held void or for any reason unenforceable then that unlawful, void or unenforceable provision may be severed from these Website Terms by us without effecting the validity or enforceability of the remaining provisions.
- No waiver by Us of our rights under these Website Terms shall be deemed to be a waiver of any other term or provision and shall be limited to a single waiver pursuant to the specific circumstances under which the waiver was granted.
- These Website Terms are governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
17. Description and Prices
- Illustrations, photographs, floorplans, diagrams, views and images are for illustrative purposes and indicative only and:
- may include options and upgrades available at an additional cost; and
- may include items, such as landscaping and gardens, driveway, paving, decking, fencing and fittings not supplied by the relevant builder.
- Widths and sizes, and any other measurements stated, are estimates for illustrative purposes only. These may change due to developer and/or Council requirements or changes effected under local, state or federal law.
- All information, tips and checklists provided and opinions expressed on this website are provided as a guideline only and should not be treated as advice. Customers should seek their own professional advice, including legal and financial advice, before deciding whether to obtain finance or purchase their own home and/or land.
- If this website contains hyperlinks and other content provided by third parties who are not associated with us, we do not in any way endorse or recommend any such third party content or information. We recommend that you contact the third party provider if you have any questions regarding such content or information.
- Prices shown are subject to final contract, and any variations agreed or required under local, state or federal law or any applicable planning controls. Final designs, costs, dimensions, inclusions, and options for any package:
- may change from the information provided on the website;
- may be varied by the developer without notice;
- may be varied, depending on the options and upgrades chosen by the Purchaser;
- will be set out in the applicable sale contract.
- Prices published:
- are correct as at the time of publishing but may change without notice after the date of printing or publishing; and
- do not include stamp duty, legal fees, body corporate fees or any other costs incurred in connection with the purchase.
- The developer reserves the right to withdraw any product or package at any time without notice including in circumstances where the product or package becomes unavailable, sold or formally offered for sale to a buyer.
Your rights in relation to privacy
We understand the importance of protecting the privacy of an individual’s personal information. This policy statement sets out how Ranfurlie Asset Management Pty Ltd ACN 603 201 332 and its related entities (we/our/us) aim to protect the privacy of your personal information, your rights in relation to your personal information managed by us and the way we collect, hold, use and disclose your personal information.
In handling your personal information, we are committed to preserving your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and its 13 Australian Privacy Principles. This policy statement may be updated from time to time.
This policy statement addresses the following:
- What kinds of personal information do we collect?
- How do we collect your personal information?
- Why do we need your personal information?
- To whom do we disclose your personal information?
- Overseas disclosures
- Direct marketing
- Security of your personal information
- Can you access and correct the personal information that we hold about you?
- Right to refuse access or correction
- Web site cookies
- Privacy complaints
- How to contact us
1. What kinds of personal information do we collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of our products and services, we may collect your personal information.
Generally, the kinds of personal information we collect include:
- your contact and identification information such as your name, previous names and change of name documentation, address, previous addresses, telephone number, email address and date of birth;
- banking, financial, loan and trading information including information about your assets, tax assessments, rental contracts, occupation, employers and previous employers, income, account balances and activities, and transactions with us or third parties;
- property and title information including information about land values;
- credit information, being credit related personal information lawfully created and accessible within the Australian credit reporting system including:
- identification information including viewing, or obtaining copies of, your driver’s licence, Medicare card, passport, birth certificate or extract, citizenship certificate or evidence of permanent residence, marriage certificate or other evidence of your relationship status and ATM cards;
- consumer credit liability information including:
- information about existing and previous credit providers and credit accounts;
- the types of consumer credit provided;
- the day on which the accounts were entered into, terminated or otherwise ceased to be in force;
- the terms and conditions of the consumer credit relating to the repayment of the credit or otherwise prescribed by law; and
- the maximum amount of credit available under the consumer credit;
- repayment history information, being information about whether you have met your monthly payment obligations with respect to consumer credit;
- information about defaults;
- any other information lawfully obtainable within the Australian credit reporting system; and
- credit eligibility information which is information about you, including the Information set out above, that we obtain from a credit reporting body together with information we derive from such information based on our own analysis. This may include an internally generated assessment, which reflects your suitability for a loan arrangement.
In some circumstances, we may also hold other personal information provided by you or a credit reporting body.
Our premises are under video and camera surveillance. Upon entering any of our premises, the personal information and images of entrants may be collected by us for security purposes.
2. How do we collect your personal information?
Generally, we collect your personal information directly from you, in the course of interaction with you, including but not limited to when you:
- make enquiries about our products or services;
- ask to be placed on our mailing lists;
- complete a form;
- use any of our various websites;
- meet with any of our staff;
- are involved in, or witness, an incident on our premises;
- become a client or debtor; or
- apply for a job with us.
There may be occasions when we collect your personal information from other sources such as an information services provider or a publicly maintained record including but not limited to:
- the Land Titles Office and other property registers;
- relevant State and Territory Valuers General;
- real estate agents;
- the Insolvency and Trustee Services of Australia;
- credit reporting bodies including Veda Advantage Information Services and Solutions Limited (Veda Advantage), Level 15, 100 Arthur Street, North Sydney NSW 2060; and
- third party providers which collate information which may otherwise be available through a generally available publication. In particular, we collect information from a third party provider, which collates information from real estate agents, property registers and relevant Valuers General, for the purpose of identifying comparable land values.
We may also collect personal information about you when conducting market research.
Generally, we only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.
3. Why do we need your personal information?
We collect, hold, use and disclose your personal information where it is reasonably necessary for the purposes of:
- providing our products and services to you including:
- evaluating whether a lease or licence should be granted to a tenant;
- completing land and property sales;
- assessing your suitability for a loan arrangement;
- facilitating financial advice and suitable loan arrangements;
- ascertaining comparable land values;
- complying with our legal obligations:
- as a corporate credit representative of an Australian Credit Licence holder;
- under the Anti-Money Laundering and Counter Terrorism Finance Act 2006; and
- under the National Consumer Credit Protection Act 2009 including the responsible lending guidelines; and
- carrying out our business functions including:
- recruitment processes for possible employment;
- distributing promotional materials;
- market research;
- accounting, billing and other internal administrative purposes;
- identifying and informing you of products and services that may be of interest to you; and
- any other legal requirements.
Where personal information is used or disclosed, we take reasonable steps to ensure it is relevant to the purpose for which it is to be used or disclosed.
You are under no obligation to provide your personal information to us. However, without certain information from you, we may not be able to provide our products and services to you.
4. To whom do we disclose your personal information?
We disclose your personal information for the purpose for which we collect it. That is, generally, we will only disclose your personal information for a purpose related to the provision, construction or financing of land and homes.
This may include disclosing your personal information to third parties engaged by us to perform administrative or other services, lenders or other credit providers, mortgage insurers, our contractors, related bodies corporate, stationery printing houses, mailing houses, professional advisors or people or entities considering acquiring an interest in our business or assets or in connection with transactions involving the ownership or management of our properties.
We also disclose to the credit reporting body, Veda Advantage (the contact details of which are set out in paragraph 2), information about you having applied for credit. This enables us to collect from Veda Advantage credit related personal information about you for the purposes of:
- assessing your suitability for a loan; and
- facilitating financial advice and suitable loan arrangements.
This disclosure is always on a confidential basis or otherwise in accordance with law. We may also disclose your personal information with your consent or if disclosure is required or authorised by law.
5. Overseas disclosures
We do not disclose personal information to overseas recipients. However, in the event we need to do so:
- we will only do so in order to provide our services and products and manage our business functions; and
- before disclosing any personal information to an overseas recipient, we will reasonable steps to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme, unless you consent to the overseas disclosure or it is otherwise required or permitted by law.
6. Direct marketing
We may use and disclose your personal information in order to inform you of our products and services that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting us via the contact details set out in paragraph 12 or through any opt-out mechanism contained in a marketing communication to you.
7. Security of your personal information
We take reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
We will destroy or de-identify personal information in circumstances where it is no longer required, unless we are otherwise required or authorised by law to retain the personal information.
You should be aware that the Internet is not a secure environment. If you use the Internet to send us information, including your email address, it is sent at your own risk.
8. Can you access and correct the personal information that we hold about you?
We take reasonable steps to ensure personal information we collect, hold, use and disclose is accurate, up-to-date and complete.
Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by us. If at any time you would like to access or seek correction of the personal information that we hold about you, or you would like more information on our approach to privacy, please contact our Privacy Officer via the contact details set out in paragraph 12
We will grant access to your personal information to the extent required or authorised by the Privacy Act or other law and take reasonable steps to correct personal information where necessary and appropriate.
To obtain access to your personal information:
- you will have to provide proof of identity. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
- we request that you be reasonably specific about the information you require; and
we may charge you a reasonable administration fee, which reflects the cost to us, for providing access in accordance with your request. In the event we correct personal information that we have previously disclosed to another entity, you may request us to notify that other entity of the correction. In these circumstances, we will take reasonable steps to notify the other entity of the correction unless it would be impracticable or unlawful to do so.
We will endeavour to respond to your request to access or correct your personal information within 30 days from your request.
You may also seek to access and correct personal information we have obtained about you from Veda Advantage by contacting them on the details set out in paragraph 2.
9. Right to refuse access or correction
We reserve our right to refuse your request to access or correct your personal information if we consider your request to be frivolous or vexatious or if we are otherwise legally entitled to do so.
If we refuse your request to access or correct your personal information, we will provide you with written reasons for the refusal and details of complaint mechanisms. We will nevertheless take reasonable steps to provide you with access in a manner that meets both your, and our, needs.
If we refuse your request to correct your personal information that we hold and you provide us with a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to associate the statement in such a way that will make the statement apparent to users of the information.
10. Web site cookies
Cookies cannot determine the identity of individual users. It is a feature of your Internet browser that you can disable at any time.
11. Privacy complaints
Please direct all privacy complaints to our Privacy Officer.
At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not affect your existing obligations to us or affect the commercial arrangements you have with us.
In the event you have a complaint with respect to privacy, the Privacy Officer will commence an investigation and inform you of the outcome of the investigation. If you are dissatisfied with the outcome of the investigation, you may refer the complaint to the Federal Office of the Australian Information Commissioner or, if you would like to participate in an external dispute resolution process, to Credit Ombudsman Services Ltd, Phone 1800 138 422 or PO Box A252, Sydney South NSW 1235.
12. How to contact us
For further information or enquiries regarding your personal information, please contact our Privacy Officer at:
Address: The Privacy Officer, Dennis Family Corporation, 211 Waverley Road, East Malvern VIC 3145
Phone: 03 9573 1208