Terms and Conditions

Terms and Conditions


ICONIX PROPERTY TERMS OF USE

  1. Acknowledgement and Acceptance

1.1 By using the Iconix Property 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 Iconix Property 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 Iconix Property visitor and/or member please check these Terms regularly.

  1. Using the Websites

You are responsible and legally liable for your activity, use of and conduct on the Websites.

  1. Your obligations when using the Iconix Property Websites

3.1 Trade Marks and Copyright

(a) “Iconix Property” is the trading name for Iconix Property Proprietary Limited. All references to Iconix Property include a reference to all of its related entities, authorised licensees and agents.

“Iconix Property Trade Marks” means all trademarks (whether or not they are registered) and trading names belonging to Iconix Property.

(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, Iconix Property 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 investment or purchase or lease of commercial property through Iconix Property).

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, trade marks 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 Iconix Property 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 Iconix Property or any third party could suffer) by doing so.

Iconix Property 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 Iconix Property Helpdesk, whose details are listed at Section 11.

3.4 Changes to Content

Iconix Property 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. Iconix Property 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 Iconix Property, 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 Iconix Property against any loss, liability, damage, cost (including Iconix Property’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 Iconix Property upon publication. Further, you agree to formally record such assignments and that you appoint Iconix Property as your proxy as may be required for the sole purpose of completing such an assignment. Iconix Property retains copyright on all content, design and artwork produced for the Websites.

3.7 Consent

If you upload photographs, audio or video recordings of yourself, you consent to give Iconix Property the right to use these photographs and recordings in the production of the Websites. You further give Iconix Property 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 Iconix Property deems the links to be misrepresentative of its brand, image and reputation in any way.

3.9 Comments Policy

At Iconix Property 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.

Iconix Property reserves the right to immediately remove any content that does not fall within these guidelines and, in extreme cases, Iconix Property can suspend or terminate your membership to the Websites.

  1. Copyright and Trade Marks Policy

4.1 Iconix Property 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 Iconix Property will action notices alleging defamatory posts or links about you within 1 business day of being notified.

4.3 Iconix Property 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 Iconix Property is not in any way responsible or liable for any user generated content published on its Websites so long as Iconix Property removes within the time specified.

4.5 If you suspect that your copyright or trademarks have been infringed please email Iconix Property using the details at Section 11.

If you suspect that your copyright or trademarks have been infringed please email the Iconix Property Helpdesk using the details at Section 11.

  1. Privacy

We collect personal information about you when you visit our Websites whether you are registering; signing up for features and functions; participating in surveys, trade promotions and competitions; ordering or purchasing products or contributing to one of our forums. We can use the information that you provide for a number of purposes as referred to in our Privacy Policy

  1. Disclaimers

6.1 General

(a) Iconix Property 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 and general property description) on the Websites is provided as a convenience to you, and has been provided to Iconix Property by third parties. Iconix Property has no belief one way or the other as to whether the information contained on the Websites is correct, neither Iconix Property nor its licencors 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) Iconix Property does not represent or warrant:

1- that your use of the Websites will meet your requirements;

2- that your use will be uninterrupted, timely, secure or free from error;

3- the accuracy of any information obtained by you as a result of your use of the Websites; and

4- 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) Iconix Property excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.

(g) Iconix Property 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

Our Websites may link to third party websites which are not owned or operated by Iconix Property. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We do not endorse these sites. We recommend that you investigate these sites’ terms and conditions. Furthermore, because Iconix Property’s privacy policy is applicable only when you are on the Websites, once linked to another website, you should carefully read that website’s privacy policy before disclosing any personal information. In certain circumstances Iconix Property may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website. Iconix Property is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.

Calculators

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. Iconix Property’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 Iconix Property and you related to these Terms will be brought exclusively in a court of competent jurisdiction in Australia.

Complaints Handling

(a) Lodgment of Complaints

Iconix Property’s Helpdesk 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 Iconix Property Help desk using the details at Section 11.

Complaints will be acknowledged and Website users will be advised of the progress of their Complaint.

Iconix Property 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. Iconix Property is committed to continuous improvement and training to ensure that complaints are resolved promptly and courteously.

Managing our customer’s expectations realistically is Iconix Property’s goal. This involves the careful analysis of each complaint and a resolution offered as soon as practicable.

(c) Review of Complaint Handling Process

Iconix Property’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

Iconix Property’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 Iconix Property 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.

Section 11: Contacting our helpdesk: E-mail

ICONIX PROPERTY DISCLAIMER

All information (including but not limited to the property area, floor size, price, address and general property description) on the Website is provided as a convenience to you, and has been provided to Iconix Property by third parties. In placing the information on the Website, Iconix Property, and Iconix Property ’s franchisees, have received the information passed on from third parties. Iconix Property and Iconix Property ’s franchisee’s have no belief one way or the other as to whether the information contained on the Website is correct, neither Iconix Property nor its, franchisees, 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.. They do 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 Website. Information contained on the Website should not be relied upon and you should make your own enquiries and seek legal advice in respect of any property on the Website or the information about the property contained on the Website. Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.

 

CALCULATORS: The results from calculators supplied on this website 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.

 

HYPERLINKS TO THIRD PARTY SITES: This Website may contain hyperlinks to websites operated by parties other than Iconix Property. Such hyperlinks are provided for reference only. Iconix Property does not control such websites, and is not responsible for their contents. Iconix Property ‘s inclusion of hyperlinks to such websites does not imply any endorsement of the information or material available on such websites or any association with their operators, and you use such websites, including information, material, products and services contained in them, solely at your own risk. Furthermore, because Iconix Property’s privacy policy is applicable only when you are on this Website, once linked to another website, you should carefully read that website’s privacy policy before disclosing any personal information. In certain circumstances Iconix Property may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website. Iconix Property is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law. USE OF WEBSITE: As a condition of your use of the Website or any services on the Website, you warrant to Iconix Property that you will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. In particular, but without limitation, you agree not to: • use the Website to defame, abuse, harass, store, threaten or otherwise offend others; • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate; • use any automated scripting tools or software; • engage in or promote any unsolicited emailing or spamming via the Website; • impersonate any person or entity; • in any way make available using the Website 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. CHANGES TO SITE: Iconix Property and its suppliers may make improvements or changes in the information, services, products, and other materials displayed on this Website, or terminate this Website, at any time without notice. Iconix Property may modify the terms and conditions of access to and use of this site at any time, and such modifications will take effect immediately upon posting of the modified terms and conditions on this Website. Accordingly, you agree to read the terms and conditions on a regular basis, and your continued access or use of this Website will be deemed to be your acceptance of the modified terms and conditions. GOVERNING LAW: These terms and conditions and the resolution of any dispute between Iconix Property and you will be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. Iconix Property’s failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right. Any legal action or proceeding between Iconix Property and you related to these terms and conditions will be brought exclusively in a court of competent jurisdiction in Australia.

ICONIX PROPERTY PRIVACY POLICY

Iconix Property acknowledges and respects the privacy of individuals. This policy sets out the way in which we will use, manage and protect your personal information in accordance with the Privacy Act 1988 (Cth).

Unless stated by you to the contrary, you acknowledge and consent to the use or disclosure of your personal information including your name, address, email address and other information you provide to us, in circumstances that are:

Set out in this Privacy Policy; or

Permitted under the Privacy Act 1988 (Cth).

Iconix Property means Iconix Property Proprietary Limited and includes its employees, licensees or authorised partners in so far as their collection and or use of personal information.

COLLECTION OF INFORMATION

We may collect personal information from you including your name, address, telephone number and email address, when you knowingly provide us with information including but not limited to when you visit www.iconixproperty.com.au and register your needs, attend at or enquire about properties we have for sale or for lease, enter into a competition or promotion, participate in surveys, or apply to become a franchise operator.

SENSITIVE INFORMATION

We will not collect use or disclose sensitive information (such as information about racial or ethnic origins, or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Privacy Act 1988 (Cth).

USE OF YOUR INFORMATION

We will use your personal information for reasonable business purposes, in that we may store (database) and process that information to better understand your needs and/or how we can improve our services. Your personal information may also be used by Iconix Property for the following purposes:

To make contact for the purpose of providing services;

Franchisee purposes including assessment of franchise applications and management of the franchise;

Trade promotion purposes;

Purposes related to promotion, marketing and operations generally related to the services provided; and

statistical purposes.

For any of the above purposes we may contact you by electronic or other means.

DISCLOSURE TO THIRD PARTIES

Personal information that you submit to us will only be disclosed to a third party, if we are required or authorised by law to disclose the information.

ACCESS, ACCURACY AND SECURITY

We will take all reasonable steps to ensure that the personal information we collect is accurate and complete.

You can gain access to, and request correction of, any of your personal information at any time. You may also request that we delete your personal information at any time. Any such requests should be made by email to info@iconixproperty.com.au

We will take reasonable steps to protect personal information from misuse, loss and unauthorised access, modification or disclosure.

OVERSEAS DISCLOSURE

Iconix Property conducts its business overseas and has overseas offices. Disclosure of personal information to parties outside Australia will be limited to Iconix Property offices or franchisees only. In this regard, Iconix Property will at all times comply with the Privacy Act 1988 (Cth) and the National Privacy Principles, and will ensure that:

The third party is subject to a scheme, law or contract that upholds principles of fair dealing and privacy of your information; or

you consent to the disclosure of your personal information or disclosure as required by a contract in which you are involved; or

the disclosure is for your benefit and we believe that you would have consented to the disclosure, but it is impractical to get your permission; or

the information that is being disclosed will be held and used in accordance with the National Privacy Principles.

PRIVACY AND OUR WEBSITE

Click stream Data

Each time you visit the Website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the Website you have come from and move to after your visit; the date and time of your visit; and your server’s IP address.

We may collect this information for statistical purposes to find out how the Website is used and navigated, including the number of hits, the frequency and duration of visits and most popular session times. We may use this information to evaluate and improve the Website’s performance.

Cookies

A Cookie is a piece of information that our web server may send to your machine when you visit the Website. 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 to learn more.

Iconix Property FINANCE PRIVACY POLICY

Iconix Property Finance acknowledges and respects the privacy of individuals. This policy sets out the way in which we will use, manage and protect your personal information in accordance with the Privacy Act 1988 (Cth). The following privacy policy governs the collection of information. We may collect personal information from you including your name, address, telephone number and email address, when you knowingly provide us with information such as when you visit our Website and register your needs, attend at or enquire about properties we have for sale or for lease, engage Iconix Property Finance for the purpose of obtaining finance, enter into a competition or promotion, transact through our franchisees, participate in a survey including ‘after sales service’ follow-up, or apply to become a franchise operator. In addition to the above, further information will be required to enable us to assess the suitability and eligibility for obtaining a home loan, personal loan, commercial loan and other types of finance or for the provisions of other services. This will include occupation and financial information regarding your income and expenditure, Assets and Liabilities statements and specific requirements and objectives about your financial goals. We are required to collect this information in order to complete an application for finance. If you do not provide all of the required information, an application may not be considered for approval. If you supply to us personal information about another person, you represent that you are authorised to do so and agree that you have obtained consent from that person for us to use and disclose their personal information and that they may access any personal information we hold about them.

USE OF YOUR INFORMATION

Personal information that you submit to us may be used by us for reasonable business purposes, in that we may store (database) and process that information to better understand your needs and how we can improve our services. Your personal information may also be used for the following purposes: • Iconix Property Personnel to make contact for the purpose of providing services • Submit loans through one of its mortgage aggregators in brokering your mortgage, personal loan or other types of finance • Submit loans through the Iconix Property Home Loan aggregator in brokering your mortgage, personal loan or other types of finance • You have consented to Iconix Property Finance and its mortgage aggregator disclosing the information on your application form, to a lender for the purposes of obtaining finance. • Some of the information on your application form is provided to one of our mortgage aggregators in order to administer the commission payable by the lender. • Trade promotion purposes • Purposes related to promotion, marketing and operations • Statistical purpose For any of the above purposes we may contact you by electronic or other means. You have consented to Iconix Property Finance and its mortgage aggregator disclosing the information on your application form, to a lender for the purposes of obtaining finance. * Iconix Property Personnel means those persons employed or engaged by Iconix Property or its Franchisees or Licensees to provide the required services.

DISCLOSURE TO THIRD PARTIES

Personal information that you submit to us will only be disclosed to a third party, if we are required or authorised by law to disclose the information. Otherwise we will not disclose your personal information to any third parties. ACCESS ACCURACY AND SECURITY

We will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date. You can access and request correction of any personal information concerning you at any time. You may also request that we delete your personal information at any time. Any such requests should be made directly by contacting us at the details set out below. We will take reasonable steps to protect personal information from misuse, loss and unauthorised access, modification or disclosure. Your Iconix Property, Property Finance Consultant keeps a copy of your application in order to communicate with you about the application, and provide other services to you. You have a right to access this information, in accordance with the Privacy Act. The information held by our mortgage aggregator is also accessible to you in accordance with the Privacy Act. If you wish to exercise your right of access, please contact your Property Finance Consultant direct or alternatively see contact details below for the Iconix Property Helpdesk.

OVERSEAS DISCLOSURE

Iconix Property conducts its business overseas and has overseas offices. In making disclosure of personal information to third parties outside Australia, Iconix Property will at all times comply with the Privacy Act 1988 and the National Privacy Principles and Iconix Property will ensure that: • the third party is subject to a scheme, law or contract that upholds principles of fair dealing of the information; or • you consent to the disclosure of your personal information or disclosure is required by a contract in which you are involved; or • the disclosure is for your benefit and we believe that you would have consented to the disclosure, but it is impractical to get your permission; or • the information that is being disclosed will be held and used in accordance with the National Privacy Principles.

MORE ON PRIVACY

You can obtain further information about privacy in Australia and the protection of your personal information on the Australian federal Privacy Commissioner’s website www.privacy.gov.au

CONTACT US

Helpdesk

Iconix Property has appointed a help desk to be the first point of contact for all privacy matters relating to the Websites to assist in ensuring Iconix Property’s compliance with privacy obligations.

Please contact us if you wish to discuss any privacy issues, or if you do not wish to receive any future communications from us: E-MAIL