Last updated September 2022
Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using our website or interpreting any marketing communications (the “Service”), or signing a Contract to Purchase (the “Purchase”) or a Sales Agency Agreement (“SAA”), being marketed by Ouwens Casserly Projects (“OCP”) and associated entities including Ouwens Casserly Real Estate (“us”, “we”, or “our”).
Your access to and use of the Service or formalise a Purchase is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, purchasers, users and others who access or use the Service or intend to or make a formal Purchase.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Introduction
At OCP we are committed to protecting the privacy of our customers.
Our Services
We offer a range of real estate services, including;
- Sales
- Property Management
- Marketing consultancy
- Sub-division advice
- Feasibility studies & development advice
Representations
At OCP we aim to provide prospective buyers and other interested parties with as much information as possible regarding the properties we are marketing and selling. Sometimes, and especially with off-the-plan sales, not all details are available and imagery must be used to showcase what is planned for the development.
Content
Our Service advertises certain information including text, graphics, renders, videos, or other material (“Content”). You acknowledge that the Content is for marketing purposes only and is for indicative purposes only. Any prospective purchaser shall be responsible for making their own independent enquiries.
Floorplans, Selections, Site Plans
Any information as provided by us is correct to the best of our knowledge and ability and as advised by third parties to Us. Floor areas, dimensions, fittings, finishes, tile patterns and set outs, and the specifications provided by us are indicative only, are subject to change without notice. Unless otherwise noted, floorplan dimensions are advertised under the Property Council of Australia methodology of measurement. Warranty that the information presented herein is a representation of the final product is not given either expressly or impliedly. Prospective purchasers must always rely on their own enquiries.
Example & Stock Imagery
All example imagery used throughout is for illustrative purposes only. Warranty that the information presented is a representation of the final product is not given either expressly or impliedly.
Confidentiality
Type of Information Collected
In providing our services OCP may throughout the course of business collect personal information from you, including vendors and purchasers’ personal details, property information and financial information. Ouwens Casserly will only request personal information from you when it is required for above mentioned purposes.
Collecting Personal Information
Vendor Information
As a Vendor, your information is collected when we appraise or list your property or properties for sale with us. Information may also be collected during telephone or email correspondence with your Ouwens Casserly representatives.
Buyer Information
As a Buyer, your information is collected when you use our website, provide your details via an online form, directly contact a sales consultant or make enquires about properties. Information may also be collected during telephone or email correspondence.
Using and disclosing your personal information
We may use or disclose your personal information for the purposes of, or relating to, the provision of Our Services including in relation to any project other than that for which you originally provided your personal information.
Disclosure to Third Parties
OCP will not without your express consent provide your personal information to a third party except where it is necessary for the provision of our services. Examples of third parties to which your information may be disclosed include;
- Form 1 Preparation Companies;
- Conveyancers; and
- Internet domains (i.e. realestate.com.au)
In addition, OCP may disclose your personal information to its employees, professional advisors, agents, suppliers and subcontractors in order to facilitate Our Services.
International Use
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. OCP has real estate associates in China. Please note China may or may not have the same privacy protection rules as Australia, however we will take all relevant precautions in order to protect your privacy.
Data Retention Polices
South Australian legislation relating to the sale, purchasing and leasing of property requires Ouwens Casserly to collect and retain certain personal information. OCP may retain your personal information in either paper or electronic format.
Security
OCP will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. All OCP staff members are trained in the methods of protecting your personal information.
Updating or Accessing your Personal Information
You can update or correct your personal information through our website or alternatively directly with OCP via phone or email. Please contact us if you wish to view the personal information we hold about you.
Electronic Database Marketing (“EDM” or “EDM Communication”)
By registering your interest on www.ocprojects.com.au or any website affiliated with OCP, including the website in relation to any developments being marketed by OCP, you agree to receive sales and marketing EDM communication from us. All Content contained in this communication is true and correct solely at the time of sending and is not to be relied upon as current information unless confirmed by a nominated Sales Consultant in writing. You may contact us at any time to opt out of our marketing communications.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by OCP. OCP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ouwens Casserly Projects shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
Liability
Subject to the Competition and Consumer Act 2010 (Cth) (if applicable) and any other applicable legislation, Our liability for any loss or damage to revenue, profits, use, contracts, goodwill, or business and any consequential or indirect loss or damaged suffered by You as a result of a breach of this Contract, is excluded.
All conditions and warranties expressed or implied by law, custom or otherwise are expressly excluded to the extent permitted by law;
Nothing herein contained shall be read or applied so as to purport to exclude or have the effect of excluding the application in relation of the services pursuant to these Terms and Conditions of all or any of the provisions of Competition and Consumer Act 2010 (Cth) (if applicable) or any relevant legislation which by law cannot be excluded, restricted or modified.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability, of the remaining of the provisions shall not be affected, prejudiced or impaired.
The courts of South Australia shall have exclusive jurisdiction to hear and decide any dispute, claim or matter arising out of or in connection with these Terms and Conditions, or the existence, breach, termination or validity hereof, or the consequences of its nullity (each a “Dispute”). Each Party agrees that the courts of South Australia are the most appropriate and convenient courts to hear and decide any Dispute and agree to irrevocably submit to the jurisdiction of the courts of South Australia in relation to any Dispute.
We do not give any warranty nor accept any liability in relation to the supply or non-supply of any services to the extent, if any, required by law or specifically provided for in this Agreement. If apart from this Clause any warranty would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law hereby excluded.
Contact Us
If you have any complaint regarding the collection, use, disclosure or retention of your personal information, please contact OCP. If you are not happy with our response you can direct your complaint to the Office of the Australian Information Commissioner. If you have any questions regarding the OCP Privacy Policy please contact us on (08) 7070 6488.
