1. Acceptance

• Access to and use of the Website constitutes your acceptance of the Terms of Use in this notice. If you do not agree to be legally bound to any of these terms, please do not access or use the Public Property Website or its associated websites.
• You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use.
• You agree to use the Website for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.

• The information contained on the Website has been derived from sources believed to be reliable and accurate, however Public Property recommends that you seek independent advice before acting on any information in on the Website.
• The information on the Website is current at the date of publication but may be subject to change.
• Accessing any product or service via the Website is not an offer, inducement or invitation to purchase those products or services.
• You acknowledges that:
  • Public Property does not purport to be qualified or licensed to provide financial, accounting, legal or investment advice to you,
  • all information contained on the Website is of a general nature only and does not constitute professional advice in any manner whatsoever. Before acting on any recommendations on the Website, Public Property recommends that you consider whether it is appropriate for your personal situation,
  • all scenarios, advice and/or recommendations contained on the Website has been prepared without taking into account your objectives, personal circumstances, financial situation or needs.
  • the provision of the Service does not constitute or purport to constitute an agency relationship in any manner whatsoever, and
  • Public Property does not purport to act as an estate agent in any manner whatsoever.
• You are required to obtain independent financial, accounting, legal and investment advise prior to purchasing any property facilitated by Public Property. As valuable consideration for you obtaining independent financial, accounting, legal and investment advise Public Property may, at its absolute discretion, gift to you 1% of the fees Public Property receives from the Developer.
• You shall promptly provide all information requested and reasonably required by Public Property for the purpose of providing the Service.

• All information in relation to Content has been submitted by the Developer and Public Property provides no warranty or guarantee that this information is complete and accurate or complies with all laws, regulations and relevant industry codes.
• You acknowledge that the Developer is responsible for the accuracy of all information contained in the Content and Public Property will not be responsible for any errors in descriptions of properties or any omissions by the Developer.
• Public Property may edit the Content at any time at its sole discretion.
• Public Property retains complete editorial control over the Website.
• Public Property may at its sole discretion:
  • refuse to include any Content at any time,
  • remove any Content at any time,
  • position Content as it sees fit, and
  • label any Content as an “advertisement” for clarification and stipulate any other conditions to ensure that it is clear that the Content is an advertisement and not views held by Public Property.

• Public Property shall maintain confidentiality in relation to all information disclosed by the you or any other party to Public Property and shall only use such information for the purpose of providing the Service.
• The obligation in clause 1 shall not apply to any information which:
  • Public Property is authorised or compelled by law to disclose, reproduce, use or disseminate,
  • is in or enters the public domain, other than as a result of a breach by Public Property of its duty hereunder or disclosure by any person receiving the confidential information from Public Property; or
  • is established by means of written records and otherwise as already known to Public Property prior to the date of the Advertising Request.
• A party must not, without the prior written consent of the other, use or disclose the other party’s Confidential Information unless expressly permitted by an agreement or required to do so by law or any regulatory authority.
• A party may:
  • use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under an agreement , and
  • disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to an agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
• Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information whilst it is in the receiving party’s possession or control.
• Each party must return, or at the other party’s option destroy, all Confidential Information of the disclosing party in the receiving party’s possession or control, on the earlier of Public Property‘s request or on termination of an agreement for any reason.

• All representations, warranties, guarantees and conditions in relation to the Service (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
• You warrant that you have made your own enquiries in relation to the suitability of the Service and have not relied on any representation made by Public Property in relation to their suitability for any particular purpose.
• Public Property does not warrant or represent that the information in this site is free from errors or omissions or is suitable for your intended use.
• Public Property does not warrant that functions contained within the Website will be uninterrupted or error free, that defects will be corrected, or that Public Property or the server that makes it available are free of viruses or bugs.

• Public Property disclaims any assumption of responsibility for reliance on the Service or any document:
  • by any party other than the you; and
  • for any purpose other than the purpose for which the document or Service was prepared.
• Public Property’s liability to you (and any party claiming through the you against Public Property) for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with these Terms of Use shall be limited to the lesser of the costs of:
  • supplying the services again, or
  • payment of the costs of having the services supplied again.
• Public Property shall not be liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Service.
• Subject to any terms implied by law and which cannot be excluded, Public Property accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information on the Website.

• Where Public Property has designed, drawn or developed unique and/or original works, designs or drawings in connection with the Service, copyright in such works, designs or drawings shall vest in Public Property.
• You warrant that Public Property is entitled to use all documents and drawings provided by you for the purposes of providing the Service and that such use will not infringe any third party’s intellectual property rights.
• You shall indemnify Public Property from and against all claims and all losses and damages incurred by Public Property as a consequence of any claim against Public Property for infringement of a third party’s intellectual property rights in connection with the provision of the Service in accordance with a document that is; supplied by, prepared under the instruction of, or prepared from sketches provided by, you.
• You authorise Public Property to use any documents, designs, drawings or goods that Public Property has created for you including photographs thereof for the purposes of marketing Public Property’s business or entry into any competition. EASO
• Public Property grants visitors permission to download copyright material for private purposes only. For use of our copyright material beyond these purposes, please seek written permission from Public Property, or the appropriate copyright owner.
• Public Property encourages the use of hyperlinks to our Website and its content. Please, however:
  • attribute the original source of the hyperlink where it points to our or a third party’s content,
  • do not claim ownership or rights to content belonging to us or other parties,
  • link to our content directly, and
  • comply with copyright and trademark laws.

• You consent to Public Property obtaining a Credit Report from a credit reporting agency in relation to the you: (a) assessing the creditworthiness of you, and (b) the collection of payments that are overdue in respect of commercial credit.
• You consent to Public Property using any personal information collected by Public Property for the following purposes or as required by law: (a) the performance of the Service, (b) the marketing of the supply of services by Public Property, (c) the analysing, verifying and checking of your credit and/or payment status in relation to the performance of the Service, (d) the processing of any payment instructions, direct debit facilities and/or credit facilities requested by you, and (e) enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the performance of the Service.

Public Property may give information about you to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about you, or (b) to allow the credit reporting agency to create or maintain a credit information file containing information you

• Email shall be the primary method of contact and communication in relation to any matters arising under the these Terms of Use. EASO
• A notice is deemed to have been given or serviced if the notice is:
  • delivered by hand to the other party,
  • posted by ordinary prepaid mail to the other party’s address (including a Post Office Box) on the second Business Day following the date of posting, or
  • sent by facsimile transmission to the parties’ facsimile number upon receiving confirmation of delivery of the transmission, or
  • sent by email to the parties’ email address upon receiving confirmation of delivery of the email without error.

• The Terms of Use shall be governed by and constructed pursuant to the laws of Victoria. The parties irrevocably submit to the jurisdiction of the Courts of Victoria in connection with any dispute relating to the Terms of Use. The parties further agree that the Court of competent jurisdiction located closest to Public Property’s principal place of business in the relevant State or Territory shall be the appropriate Court for the hearing of any claims in connection with these Terms of Use.
• The parties agree that a construction of these Terms of Use that results in all provisions being enforceable is to be preferred to a construction that does not so result.
• If, despite the application of clause 2, a provision of these Terms of Use is illegal or unenforceable:
  • if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and
  • in any other case, the whole provision is severed,

and the remainder of the Terms of Use continues in force.

• In these terms and conditions:
  • “Acceptance” means the acceptance as described at clause 2.
  • “Business Day” means any day other than Saturdays, Sundays or public holidays;
  • “Confidential Information” means all information disclosed between you and Public Property relating to your instructions or the Content, including, without limitation:
    • information, which, either orally or in writing, is designated or indicated as being the proprietary or confidential information of you or Public Property,
    • trade secrets or other types of information which are capable of protection at law or equity as confidential information,
    • information from a third party, where you are advised by Public Property or any Public Property representative that such information is confidential, and
    • information derived or produced, partly or wholly, from the information referred to above, including any calculation, conclusion, summary or computer modeling.
  • “Content” means the content of advertisements submitted by or on behalf of the Developer to Public Property including but not limited to all text, graphics, icons, photographs and URLs;
  • “Developer” means the developer or owner of an investment property who has engaged Public Property to source investors;
  • “Public Property” means Elizabeth Jackson trading as Public Property ABN 21 365 244 040, successors and assigns;
  • “Service” means Public Property’s activity of identifying potential property investment opportunities for investors and providing a medium between investors and Developers;
  • “Terms of Use” means the these Terms of Use;
  • “Website” means the internet site ‘Public Property’’ located at the URL www.publicproperty.com.au
• In these Terms of Use, unless otherwise indicated by the context: (a) the singular includes the plural and vice versa; (b) a reference to one gender includes a reference to all other genders; (c) headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate; (d) references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any Orders, regulations, instruments or other subordinate legislation made under the relevant statute; (e) the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not; (f) these Terms of Use will bind each party’s legal personal representatives, successors and assigns; and (g) where a party comprises two (2) or more persons the rights and obligations of such persons pursuant to these Terms of Use will ensue for the benefit of and bind each of them jointly and severally.

Public Property’s Privacy Policy

This Privacy Policy outlines how Public Property (“Elizabeth Jackson trading as Public Property ABN 21 365 244 040”) collects, holds, uses, discloses and otherwise manage your personal information.

This Privacy Policy applies to all dealings between you and Public Property and has been created by Public Property to comply with Public Property’s obligations under the Privacy Act 1988 (Cth).

Public Property will always display a current version of the Privacy Policy on the Website. Should the Privacy Policy require any updates we will place a notice on the Website advising that the Privacy Policy is being updated.

All personal data is collected for Public Property. Public Property collects your personal information for the following purposes, without limitation:

1. to keep investors, developers and contacts informed of current developments,
2. to maintain contact with investors and developers,
3. to notify investors and developers of events, updates and services,
4. to manage and administer the services Public Property offers;
5. to improve the Website and associated facilities to provide investors and developers with a the best possible experience, and
6. to provide investors and developers with information about other products and services Public Property offers that may be relevant.

We may collect your personal information by any number of methods including, without limitation:

1. in person at a meeting or seminar,
2. filing out or completing a form or questionnaire,
3. entering into a contractual agreement, or
4. corresponding with Public Property via our website, email or by telephone.

On occasion it may be necessary for Public Property to collect your personal information from a publicly available source. We will only do so where you have consented, you would reasonably expect us to do so, or if it is necessary for us to perform a specific service.

Generally the personal information we collect will consist of your contact details, full name and/or company details. This may include, without limitation:

1. postal and email addresses,
2. phone, facsimile and mobile telephone numbers, and
3. business entity and contact details.

Where relevant we may ask you for other information. To deliver our more complex services, it may be necessary to collect information including, without limitation:

1. employment status,
2. current income,
3. dependencies,
4. financial position, and
5. asset and liability information.

We may also collect personal information such as your IP address and web activity through third party companies if you interact with us over the internet.

Generally speaking, Public Property will not collect sensitive information (e.g. data relating to professional memberships, race or ethnic origin, religious beliefs, political opinions, criminal record, physical or mental health, or sexual orientation) from you. However, Public Property may do so only if it is reasonably necessary for one (1) or more of our services and you explicitly provide written consent prior to any such information being obtained.

Public Property will use your personal information to perform its services, respond to your requests and provide you with information relating to our services.

Public Property may disclose your personal information to third parties who assist us to provide our services (e.g. a Financial Planner, Solicitor, Real Estate Agent or Accountant).

With your verbal or written consent, Public Property may use or disclose your personal information to the following third parties:

1. those that provide, manage or administer our service to you,
2. those involved in service planning and development,
3. your representatives, including your Financial Planner, Accountant and legal advisers, and
4. those required or authorised by law, for example, Government or regulatory bodies for purposes related to public health or safety, the prevention or detection of unlawful activities or to protect public revenue.

Public Property require third parties to protect your information in a manner consistent with this policy and the Privacy Act 1988 (Cth). Public Property will never sell your personal information.

If personal information is not able to be collected, this may impact the level of service Public Property is able to provide.

Public Property may use your personal information to market our services, including by phone, facsimile, email or SMS. If at any stage you no longer wish to receive this marketing, please send an email to nras@me.com with your full name, postcode, mobile number and the communication mediums you wish to unsubscribe from. Public Property will endeavour to process your request within 14 days.

Public Property will hold your personal information for such time as required to fulfil the purposes for which it was collected, or as required by law.

Public Property acknowledges that the security of your personal information is very important. Public Property will take reasonable commercial measures to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. Public Property may keep your personal information in electronic form or hard copy.

Public Property implements a number of measures to ensure your personal information is safeguarded. Public Property’s measures include the following:

1. security measures for systems access;
2. providing discreet meeting areas for confidential discussions;
3. access control for our all our records and management systems; and
4. secure web forms when collecting sensitive information.

Public Property takes reasonable care to ensure any personal information you provide Public Property via the Website is protected. Depending on your involvement with Public Property and the type of information collected, user identifiers, passwords or other access codes may also be used to control access to your personal information.

Public Property may communicate with you by social media, forums and other interactive platforms. Any personal information you disclose on these sites may be read, collected and used by other users over whom we have no control. Public Property are not responsible for any use, misuse or misappropriation by other users of any personal information that you contribute in this manner.

The website may include links to third party websites. If you access those websites you will be subject to their respective privacy policies, the terms and conditions of which may differ from Public Property’s. You will need to contact or examine those websites or companies directly to determine their privacy standards, policies and procedures.

To request access to your personal information, please email Public Property. In certain circumstances Public Property may be able to deal with your request over the telephone or in person. Otherwise we will endeavour to process your request within 14 days.

In some circumstances Public Property may refuse to give you access. We will explain why if that is the case and in most cases the reason will be that the disclosure may unreasonably affect the privacy of others.

Public Property takes reasonable steps to ensure that the personal information Public Property collects and stores is accurate, up-to-date and complete. Should you wish to access your personal information to ensure it is accurate, up-to-date, complete, relevant and not misleading, and if not, to correct it, please email Public Property

If you believe we have breached an Australian Privacy Principle or registered Australian Privacy Principle code and would like to make a complaint, you can do so in writing by emailing or writing to Public Property. We will endeavour to respond to your complaint within 30 days.

You may direct any subsequent complaints to the Office of the Australian Information Commissioner (OAIC) at http://www.oaic.gov.au/privacy/making-a-privacy-complaint.

Public Property is committed to respecting your right to privacy and protecting your personal information. You may request further information about the way we manage your personal information by contacting Public Property.

Public Property

+61 414 316 557
Elizabeth@publicproperty.com.au