BuilDevelop Property and Legal, Sydney building and construction lawyers, strategies for investors & contracting parties

BUILDEVELOP LEGAL        

OUR TERMS OF USE

 

WEBSITE, ONLINE SERVICES AND RESOURCES

This website, including all of its features and content (Website) is owned and operated by BuilDevelop Management Pty Limited (ABN 34 625 403 732) (we, us, or our).

The content of the Website is not legal advice. If you want legal advice you must seek specific advice tailored to your circumstances. You cannot rely on the content of the Website as legal advice.

 

The content of the Website is general information on property development and legal subject areas. It should be viewed as current only at the time of first publication.

Through the Website, we may provide online access to a number of publications, guides, forms, letters, audio and video recordings, eBooks and emails (Online Services). 

We may offer to provide you with consultations with a lawyer and/or barrister, documents, contract reviews or project management services via the Website or a third party website we are affiliated with or via documents or advice provided during any video call, chat bot or telephone calls (Resources).

By using this Website, the Online Services and Resources (Services), you agree to the terms and conditions set out below (Terms of Use), if you do not agree, do not use the Services.

DISCLOSURE

Any legal services are to be provided by Phontos Legal (ABN 18 710 995442) who are regulated by the Law Society of New South Wales. Phontos Legal will only provide legal services if they are retained by you as described in a costs agreement with you which includes disclosure pursuant to the Legal Profession Uniform Law (NSW) (Uniform Law). The costs agreement will set out the scope of the legal services to be provided to you by an Australian legal practitioner (Legal Services). It will also identify the non-legal services to be provided and indicate the status and qualifications of those who are to provide such non-legal services.

The Services we provide are non-legal services (Non-Legal Services). We provide the Non-Legal Services as general information in summary form on legal and other topics, current at the time of first publication. You should obtain specific legal or other professional advice before relying on the Non-Legal Services. The Non-Legal Services may be provided by an Australian legal practitioner, by a paralegal, clerk, student-at-law or by their assistants.

The Uniform Law and the Legal Profession Uniform General Rules 2015 apply to the provision of Legal Services but do not apply to the provision of Non-Legal Services.

You acknowledge and agree (as a binding contractual agreement between you and us) that the Non-Legal Services you receive from us are non-legal services and are only intended to provide you with general information in summary form on legal and other topics, that it does not constitute Legal Services or other advice and will not be relied upon as such.

BUYING AND SUBSCRIBING FOR PRODUCTS

Users of the Website may buy or subscribe for products provided by the Services (Members). Members may not use the Services to compete with us, infringe our copyright, provide access to the Services to third parties or to contravene the law.

If on reasonable grounds we consider that a Member is in breach of these Terms of Use we may take an action at law, cancel any product with or without refund, suspend, terminate, or limit the access to any product, seek injunctive or declaratory relief, and seek an account of profits or claim damages. We may reserve our rights, but such will not constitute a waiver.

The Member agrees to pay for the product bought or subscribed.

Refunds are not issued for payments made in relation to any product. If a product is cancelled, access will continue until the end of the product period and no refund will be made.

Prices of products are subject to change. We reserve the right to change prices at any time. All prices are subject to GST.

YOUR RIGHTS AND OBLIGATIONS

We grant you the right to view, download and/or print any content that we have expressly permitted may be printed or downloaded on your personal computer for your personal use.

You agree you will not:

  • ​Alter or remove any copyright, trade mark or other proprietary notice appearing on this Website;

  • Modify or edit the content or publish or sell the content including but not limited to making the content available on any other website;

  • Reverse engineer, translate, adapt or modify any software used in connection with this Website; or

  • Create any links from any other website to this Website without our express prior written permission.

INTELLECTUAL PROPERTY

Unless otherwise indicated, the Services (including text, graphics, logos, icons, sound recordings and software) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by us. You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where you have received prior written approval from us.

LIABILITY

In relation to the Services or any content contained therein:

  • We make no warranties or representations;

  • We exclude any liability to the maximum extent permitted by law; and

  • You agree to indemnify us for any loss or liability arising out of your use of them.

EXTERNAL LINKS

The Services may contain links to websites operated by third parties. Those links may not remain current or be maintained. We do not endorse and are not responsible or liable for the content on those linked websites, or any loss you may suffer on those linked sites, and have no control over or rights in those linked websites.

UPDATES

We may change these Terms of Use at any time by updating this Webpage. Your continued use of the Website following such update will represent an agreement by you to be bound by the Terms of Use as amended.

PRIVACY

These Terms of Use also include our Privacy Policy which can be accessed here.

JURISDICTION

Your use of the Website and these Terms of Use are governed by the laws of New South Wales, Australia.

OUR PRIVACY STATEMENT

 

OUR COMMITMENT / COMPLIANCE

We take our privacy obligations seriously and we are committed to making sure that we handle personal information in accordance with Australian Privacy Principles (APPs), which are contained in the Privacy Act 1988 (Privacy Act).

 

This privacy policy sets out how we store, maintain, use and disclose personal information.  Personal information is defined in the Privacy Act to mean any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether or not the information or opinion is recorded in a material form.

By providing personal information to us, you consent to our storage, maintenance, use and disclose of your personal information in accordance with this privacy policy. We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.

 
THE PERSONAL INFORMATION WE COLLECT

 The personal information we collect about you may include the following:

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  • Name;

  • Mailing or street address;

  • Email address;

  • Social media information;

  • Telephone number and other contact details;

  • Age;

  • Date of birth;

  • Credit card information;

  • Information about your legal requirements and your business or personal circumstances;

  • Information in connection with client surveys, questionnaires and promotions;

  • Your device identity and type, IP address, geo-location information, page view statistics, advertising data and standard web log information; and

  • Any other information provided by you to us via this website or our online presence, or otherwise required by us or provided by you.

OUR COLLECTION OF PERSONAL INFORMATION

We may collect personal information either directly from you, or from third parties, including where you:

  • Contact us through on our website;

  • Communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook, Twitter or Instagram) or otherwise; and

  • Interact with our website, social applications, services, content and advertising.

We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools (including Google Analytics), ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.

SHARING YOUR PERSONAL INFORMATION

 We collect and use personal information for the following purposes:

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  • To respond to your requests for consultations, quotes or legal advice;

  • To provide services or information to you;

  • For record keeping and administrative purposes;

  • To provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing services to you;

  • To improve and optimise our service offering and customer experience;

  • To comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

  • To send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);

  • To send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and

  • To consider an application of employment from you.

We may disclose your personal information to cloud-providers, contractors and other third parties located outside Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with the APPs.

SECURITY 

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measure to protect these systems. However, we cannot guarantee the security of your personal information.

LINKS

Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

REQUESTING ACCESS AND CORRECTING YOUR PERSONAL INFORMATION

If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

COMPLAINTS

If you wish to complain about how we handle your personal information, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time and in accordance with our legal obligations.

CONTACT US

For further information about our Privacy Policy or practices please contact us using the details set out below:

Email: admin@buildevelop.com

Post: Att: Privacy Team, BuilDevelop Management Pty Limited, Suite C, 34 Suakin Drive, Mosman NSW 2088.

This privacy policy was last updated on 18 January 2021.

OUR COPYRIGHT NOTICE

 

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

 

All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by us, our related entities or by other parties that have licensed their material to us.

 

Material on this site or any Web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without our express prior written consent.

 

Use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of our copyrights, trademarks and other proprietary rights, and is prohibited.

OUR DISCLAIMER

 

 GENERALLY

To the extent permitted by law, we accept no liability for any loss or damage (including indirect, special or consequential loss or damage) to any person arising from the use of or reliance upon information contained, in or accessed through, this web-site. If such disclaimer is prohibited by law, we limit our liability (to the extent permitted by law) to the re-supply of such information.

Our products and services are only available to Australian residents unless otherwise intended and Australian law applies to those products and services.

The information contained in this website is general only and is not intended to provide you with financial advice or take into account your objectives, financial situation or needs. You should consider with a professional adviser whether the information is suitable for your circumstances. Nothing on this web site is intended to be an offer for interests in any joint venture development. All offers will be made pursuant to an Information Memorandum to be provided with the subscription process.

We do not accept any liability for information contained in web-sites which may be linked to this web-site. You access those web-sites and utilise them at your own risk.

HYPOTHETICAL EXAMPLES

The hypothetical examples are illustrative only. Your actual taxation benefits and ongoing holding costs will vary depending on your personal circumstances. Any discussion of taxation issues constitutes general information only which does not take your personal circumstances into account. Before making any decision whether to purchase a property you should seek your own independent professional advice (including taxation advice) tailored to your specific needs and circumstances. Credit criteria, conditions, fees and charges apply.

GRAPHS / TABLES

 

The outputs from the graphs and tables depend on the information inputted and the assumptions below.

 

Annual expenses and income are calculated proportionately, to be consistent with the time period selected. Any information about tax is a general statement and should be used as a guide only. It does not constitute tax advice and is based on current tax laws and their interpretation. Your individual tax position may differ and you should seek independent professional advice on any taxation matters.  Graphs and tables are intended to give a general indication of the cash flow impacts of you buying a property. We give no guarantees that economic and property market conditions and your personal circumstances will actually turn out to be in line with the assumptions or the outputs from the graphs and tables. Graphs and tables consider the expenses and income for a period of one year only, and no allowance is made for wage inflation, or investment income on capital. You should consider the potential longer term impact of these factors when reviewing the affordability of a property over a horizon longer than 1 year. The outputs from graphs and tables do not constitute an offer or a quote.