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Residential Buildings

Terms and Conditons

Interpretation and Definitions

Last updated: 24 April 2023

Please read these Terms and Conditions Carefully BEFORE using Our Service.  

 

These Terms and Conditions (also used and referred to interchangeably as the ‘Terms of Use’ or the ‘Terms’) constitute a legally binding agreement between You and Us.

 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural:-

Definitions

For the purposes of these Terms and Conditions -

 

‘Buyer’ – means the potential or interested Buyer of a Site.

 

‘Buyers Agent’ – means a properly licensed real estate agent acting with written instructions directly from the Buyer to promote and sell the Site.

 

‘Company’ (also referred to herein as either, or interchangeably as ‘DevOp3 Pty Ltd’, ‘DevOp3’, ‘DevOp', ‘Company’, ‘We’, ‘Us’ or ‘Our’) - refers to ‘DevOp3 Pty Ltd’ of 61 Berry Street Sherwood, Brisbane QLD 4075.

‘Content’ - means all information, data, text, formats, documents, graphic and written commentary and opinion, and all other materials published on Our Website (from time-to-time).  

 

‘Country’ - refers to the whole of Australia.

 

‘Development Site’ - means real property whose highest and best use is considered to be a partial (or full) demolition of its existing improvement, and where the redevelopment of a new asset is considered to be the most appropriate course of action.

 

‘Device’ - means any device that can access the Service such as a computer, a mobile phone, a digital tablet, or other digital device.

 

‘Free Trial Period’ - means a period of time where the Company offers the Service to You at no cost, under the same Terms and Conditions contained herein, and which will automatically revert to a paid Subscription Level upon expiry of the duration of the Free Trial Period until You opt-out of the Service following the required protocols.

‘Onboarding Process’ - means the overall process, training, rules, directions, instructions, roles and responsibilities developed by Us for You to properly use the Platform at the time You become a user of the Platform.  

‘Order’ - means a placement or order to secure the Services chosen by You on, or via, the Platform, after agreeing to Our Terms of Use.

‘Product’ – means the scope of Service You receive from Us once an Order has been confirmed, and as defined in the Subscription Level displayed from time-to-time on the Platform.

 

‘Personal Data’ – means the definition referred to in the Privacy Policy Statement.

‘Platform’ (also referred to and interchangeably with the term ‘Website’) - means any service,  information, and/or data, accessible via https://devop3connect.com, including any external link to any other information or data, and that displays or helps to deliver the Service.

‘Permitted Access’ – means the level of access to the Website that You may be permitted to use.

‘Recipient’ (also referred to as a ‘User’, or ‘Visitor', or ‘You’, or ‘Your’) – means the person or entity that utilises some or all of the Service, information or data provided on the Website, irrespective if the Service is provided by Us to You at no charge.  This definition extends to anyone else that You display the Website to, including any party that views the same, and/or any party proposing to obtain any benefit from Our Website.

 

‘Referral Partner’ – means a non-licensed real estate agent acting with written instructions directly from a Seller (or a Seller’s Real Estate Agent), or acting for a Buyer (or a Buyer’s Real Estate Agent) to generally assist in the search and/or facilitation process of a Site.

 

‘Site Report’ also referred to herein as the ‘Report’) – means the information that You receive from Us as part of our Service, via a downloadable format (PDF or other); the Content of which is derived primarily from the Platform.

 

‘Seller’ (also referred to herein as the ‘Landowner’) – means the current, legal owner of the Site and that may ultise the Services or the services of a ‘Sellers Real Estate Agent’.

 

‘Sellers Real Estate Agent’ – means a properly licensed real estate agent acting with written instructions directly from the Seller to promote and sell the Site on the Platform.

‘Service’ (also referred to as either, or interchangeably as ‘Content’) – means the Website, the Platform, and the Content or information contained within it, including any other form of information exchange whether electronic or otherwise.

 

‘Subscription Level’ - means the level of the Service that You choose to obtain from the Platform and that, if requiring payment, You agree to pay for (via the Platform) in strict accordance with the Terms of Use detailed herein, and which may be amended from time-to-time by Us without prior notice.  Any chosen Subscription Level requires an Order to be activated and remain valid.

 

‘Terms and Conditions’ (also referred to as the ‘Terms’ or ‘Conditions’ or ‘Terms of Use’) - means these terms and conditions that form the entire agreement between You and the Company regarding the use of the Service.

 

‘Third-party’ - means any Content provided by a third-party that may be displayed, included, or made available by Us as part of the Service on the Website.

 

‘Website’ (also referred to interchangeably as the ‘Platform’) - means any information or data accessible via https://devop3connect.com, including any external link to any other information or data, and that displays or helps to deliver the Service to You.

 

‘Visitor’ (also referred to as the ‘User’ or ‘Recipient’) - means a party or parties who use the Service irrespective if any fee or cost is paid to the Company by You, and where You are bound by the Visitor’s (or Recipient’s) actions.

 

‘You’ (also referred to herein as either, or interchangeably as ‘Your’) - means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as may be applicable, and/or recipient of information derived from the Website.  This definition also extends to include a ‘Recipient’ and ‘User’.

 

‘Your Acknowledgement’ - means the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company.  These Terms and Conditions set out the rights and obligations of all Users or Recipients regarding the use of the Service, irrespective of whether any fee, charge, or cost is paid to the Company for its use.  ‘Your acknowledgement’ is also deemed to include reading and understanding Our ‘Privacy Policy Statement’ and Our ‘Warning and Disclaimer Statement’. 

Terms of Use

Terms of Use

Generally

The Company, having its registered office situated at 61 Berry Street Sherwood, Brisbane QLD 4075, is the owner and administrator of the Website (www.devop3connect.com, www.devop3.com, and www.devop3.com.au) (also referred to as the ‘Platform’) providing the Services via the Website under the brand name ‘DevOp3’.

 

Your access to and use of the Service is conditioned upon Your acceptance of compliance with these Terms and Conditions which are deemed to apply to all Visitors, Recipients or Users who access or use the Service.  By accessing or using the Service You agree to be bound by these Terms and Conditions including any policies and other terms and conditions to which this document refers, and which are published on our Website (which you accept may change from time-to-time).  

 

These Terms of Use outlined herein are the terms and conditions of the Company upon which We provide Our Service and overall Content.  

 

The Terms of Use establish the rules and obligations that apply to Your use of the Website - being ‘Your Acknowledgement’ of the agreement between Us and You.

 

By using our Website, You accept these Terms of Use.  If you do not accept these Terms of Use, please refrain from using the Website.

 

Sharing Our Service or Content

You are NOT permitted to share access to all (or any part) of Your account that contains Our Service or Content to any other party, irrespective of Your Subscription Level.  If You share all (or any part) of the Service or Content to any party You are in direct breach of these Terms and You will immediately lose access to our Service without refund.  You may also be subject to the payment of Our losses and/or costs. 

 

Reselling Our Service or Content

You are NOT permitted to resell all (or any part) of our Service or Content to any other party, irrespective of Your Subscription Level.  If You sell all (or any part) of the Service or Content to any party You are in direct breach of these Terms and You will immediately lose access to our Service without refund.  You may also be subject to the payment of Our losses and/or costs

If You disagree with any part of these Terms then You may NOT access or use our Service.

Sellers

Responsibilities of Sellers, including authorised parties on behalf of Sellers

Providing information to Us: Sellers, Listing Agents, or a Referral Partners)

 

You are required to read, understand, and agree to our Terms & Conditions before utilising Our Platform or the Service contained within it. 

 

The following Terms and Conditions specifically apply to a Seller (‘Landowner’), or a Real Estate Selling Agent (‘Listing Agent’), or a Referral Partner (acting for a Seller).  

In relation to a Selling Agent (also referred to as a ‘Real Estate Listing Agent’ or (‘Listing Agent)’, or where a Landowner (or ‘Seller’), or where a Referral Partner (acting as an intermediary for a Listing Agent or a Seller), We will -

 

  • require You to act in good faith at all times for the mutual benefit of the parties that use or rely upon the Platform; and

  • require You to, and as directed by Us, properly use the Platform as intended, and to upload all the necessary data and information required to enable the Development Site to be presented to Buyers and/or Buyers Agents searching within the Platform; and

  • NOT provide any guarantee to You that We will present or direct any minimum number of Buyers or Buyers Agents to Your Site(s) via our Platform.

 

We highlight that Our criteria for presenting a Site on our Platform requires various pre-conditions to be met - all of which are at Our sole discretion and that may change from time-to-time of which may NOT be necessarily disclosed to You. 

 

Our pre-conditions are applicable to a Listing Agent, a Landowner or a Referral Partner (acting for a Seller) of a Development Site.  Unless these pre-conditions are fully met, we may choose NOT to connect one (1) or more of our Buyers (and/or their Buyers Agents, or Referral Partners) to Your Site.

More specifically, our pre-conditions are as follows -
 

  1. Where information provided to Us is via a ‘Listing Agent’, that You as the Listing Agent, hereby confirm that You –

    • are a suitably Licensed Real Estate Agent; and

    • have been appointed by the Seller (‘Landowner’) to list and promote the Development Site (the ‘Site’) for sale, and where You have already obtained a properly executed (and currently valid) appointment to act as a real estate agent (eg. a ‘Form 6’ in QLD); and

    • have been granted permission by the Landowner to use the Platform to assist with the sale of the Site; and

    • believe the Site is genuinely for sale by the Landowner with due consideration to prevailing market conditions (and for sale within ‘commercial’ terms); and

    • will provide Us with all relevant information that You believe is, to the best of Your knowledge, both accurate and/or not misleading misleading to users of the Platform; and

    • will immediately advise us in writing (via methods provided by the company

      • once the Site is Sold, Under Offer or Withdrawn from the market (for any reason); and

      • of Your request for the Company to remove the Site from the Platform.  Note: The Site will remain on the Platform unless advised otherwise; and

      • if the Site is deemed to be ‘off-market’.  Where determined or required to be off-market, then We will only generally nominate the location of the Site (ie. by Street Name and Suburb ONLY); and

    • if any data or information that has been uploaded to the Platform is incorrect or requires updating; and

    • act in good faith, at all times, for the benefit of all (as outlined above); and

    • understand that, unless You otherwise advise Us in writing, You consent  to Us displaying

      • all the details that You have provided to Us (regarding the Site) to Our entire database of Developers.  Note: All Site data may become available to viewers of the Platform shortly after it is uploaded onto Our Platform; and

      • the Site will be displayed as being ‘For Sale’ on Our Platform. Note: All Site data may become available to viewers of the Platform shortly after it is uploaded onto Our Platform.

    • upload (and/or remove as the case may be) all the necessary data and information onto Our Platform, in strict accordance with our Onboarding Process; and

    • provide Your ongoing approval, authority and full consent for Us to display the Site including any other Site(s) that You may have for sale in the future, and from time-to-time; and

    • provide Us with a Site that is suitable for re-development.
       

  2. Where information provided to Us is via the Landowner directly (‘Landowner’), that You as the Landowner will

    • provide Us with all relevant information that You believe is, to the best of Your knowledge, both accurate and/or not misleading to Users of the Platform;

    • unless You advise Us in writing (via methods provided by the Company), immediately notify Us

      • once the Site, Under Offer, is Sold or Withdrawn from the market (for any reason); and

      • of Your intention to remove the Site from the Platform.  Note: The Site will remain on the Platform unless advised otherwise; and

      • if the Site is deemed to be ‘off-market’.  Where determined or required to be off-market, then We will only generally nominate the location of the Site (ie. by Street Name and Suburb ONLY); and

      • if any data or information that has been uploaded to the Platform is incorrect or requires updating; and

    • act in good faith, at all times, for the benefit of all (as outlined above); and

    • understand that, unless You otherwise advise Us in writing, You consent  to Us displaying

      • all the details that you have provided to Us (regarding the Site) to our entire database of Developers.  Note: All Site data may become available to viewers of the Platform shortly after it is uploaded onto our Platform; and

      • the Site will be displayed as being ‘For Sale’ on our Platform. Note: All Site data may become available to viewers of the Platform shortly after it is uploaded onto our Platform.

    • upload (and/or remove as the case may be) all the necessary data and information onto Our Platform, in strict accordance with our Onboarding Process; and

    • provide Your ongoing approval, authority and full consent for Us to display the Site including any other Site(s) that You may have for sale in the future, and from time-to-time; and

    • provide Us with a Site that is suitable for re-development.
       

  3. Where information provided to Us is via a Registered Referral Partner (‘Referral Partner’), that You as a Referral Partner, hereby confirm that You

    • are NOT a Licensed Real Estate Agent; and

    • have consent from the Seller (‘Landowner’) to discuss the Site for sale with Us, for the sole purpose of connecting a Seller with a potential Buyer(s) or their agents, have or will not (in ANY capacity whatsoever) perform the duties of a licenced real estate agent; and

    • believe the Site is genuinely for sale by the Landowner with due consideration to prevailing market conditions (and for sale within ‘commercial’ terms); and

    • provide us with all relevant information that You believe is, to the best of Your knowledge, both accurate and/or not misleading; and

    • have been granted permission by the Landowner to use the Platform to assist the sale of the Site; and

    • will immediately advise Us in writing (via methods provided by the company

      • once the Site, Under Offer, is Sold or Withdrawn from the market (for any reason); and

      • of Your intention to remove the Site from the Platform.  Note: The Site will remain on the Platform unless advised otherwise; and

      • if the Site is deemed to be ‘off-market’.  Where determined or required to be off-market, then We will only generally nominate the location of the Site (ie. by Street Name and Suburb ONLY);  and

      • if any data or information that has been uploaded to the Platform is incorrect or requires updating; and

    • act in good faith, at all times, for the benefit of all (as outlined above); and

    • understand that, unless You otherwise advise Us in writing, You consent  to Us displaying

      • all the details that You have provided to Us (regarding the Site) to Our entire database of Developers. Note: All Site data may become available to viewers of the Platform shortly after it is uploaded onto our Platform; and

      • the Site will be displayed as being ‘For Sale’ on our Platform. Note: All Site data may become available to viewers of the Platform shortly after it is uploaded onto our Platform; and

    • upload (and/or remove as the case may be) all the necessary data and information onto Our Platform, in strict accordance with our Onboarding Process; and

    • provide Your ongoing approval, authority and full consent for Us to display the Site including any other Site(s) that You may have for sale in the future, and from time-to-time; 

    • provide Us with a Site that is suitable for re-development.

Sellers

Responsibilities of Buyers, including authorised parties on behalf of Buyers

Use of Our Platform: Buyers, Buyers Agents, and/or Referral Partners

You are required to read, understand, and agree to our Terms & Conditions before utilising Our Platform. 

 

The following Terms and Conditions apply only to a Buyer, or a Buyers Agent, or a Referral Partner (acting for a Buyer), each having specific arrangements (all listed below).  

In relation to a Buyer, a Buyers Agent, or a Referral Partner (acting on directly on behalf a Buyer), We will

  • seek a subscription-based Fee or other form of payment (‘Fee’), from You in consideration for the Service(s) We provide You, and where that Fee is subject to change from time-to-time and without notice;

  • only advertise the Fee for the Service on our Website

  • offer the Service(s) on a subscription-basis, priced on the amount of information, data and/or analysis that is made available to You within a predetermined period of time;

  • offer additional, ancillary services (from time-to-time) that We believed will improve the overall Service and User experience, and where an alternative remuneration method may be applicable for those ancillary services; 

  • NOT provide any guarantee that We can or will present any specific number of Site(s) to You, including by any specific asset class, but rather only apply Our best endeavours to do so, and all within Our reasonable control;

  • only provide those Sites to You via our Platform (‘Website’).  We MAY, from time-to-time, send text and/or email notifications regarding any updates to our Platform.

 

We highlight that Our criteria for displaying a Site on our Platform requires various pre-conditions to be met, all of which are at Our sole discretion and that may NOT be necessarily disclosed to You.

 

We require You, when acting as a Buyer, or as a Buyers Agent, or a Referral Partner

  • to act in good faith at all times for the mutual benefit of the parties that use or rely upon the Platform; and

  • to, and as directed by Us, properly use the Platform as intended; and

 

We do NOT provide any guarantee to You that We will present or direct any minimum number of Sites via our Platform.

 

The following are Our preconditions of use (as applicable to Buyers, Buyers Agents, or Referral Partners) before connecting a Development Site (‘Site’) for sale on the Platform:

  1. Where You act as a Buyers Agent, You

    • are a suitably Licensed Real Estate Agent; and

    • have been appointed directly by the Buyer to source and present a variety of Sites for purchase, and where You have (or intend to) obtain an appointment to act as a Licensed Real Estate Agent (eg. a ‘Form 6’ in QLD) from the Buyer; and

    • will provide Us with all relevant information (on behalf of the Buyer) that You believe is, to the best of your knowledge, both accurate and/or not misleading; and

    • Believe the Buyer is genuinely seeking to purchase a Site(s) with due consideration to prevailing market conditions (and for sale within ‘commercial’ terms); and

    • Agree to pay the Fee all in accordance with the Terms and Conditions stated herein.
       

  2. Where You, as a Buyer

    • are a bona fide purchaser of a Development Site(s); and

    • will provide Us with all relevant information (on behalf of the Buyer) that You believe is, to the best of your knowledge, both accurate and/or not misleading; and

    • agree to pay the Fee all in accordance with the Payment Terms and Conditions stated herein.
       

  3. Where You, as a Referral Partner (acting for a Buyer, or a Buyers Agent)

    • ​are NOT a Licensed Real Estate Agent; and

    • have been appointed by the Buyer to source and present a variety of sites for purchase, but NOT to act as a Real Estate Agent for the Buyer (under any circumstances); and

    • will provide us with all relevant information (on behalf of the Buyer, or a Buyers Agent) that You believe is, to the best of your knowledge, both accurate and/or not misleading; and

    • believe the Buyer is genuinely seeking to purchase a Site(s) with due consideration to prevailing market conditions (and for sale within ‘commercial’ terms); and

    • agree to pay the Subscription Fee all in accordance with the Terms and Conditions stated herein.

Our Site Report

Where you subscribe to the Service, and/or receive a Report from Us, You MUST be aware of the following:-

 

Generally

The Site Report (‘Report’) is offered by Us to You on the basis and assumption that all information contained within the Report will be verified by You, and/or Your consultants or expert advisors, before it can be relied upon.

 

Assumptions have been made by Us as to the potential opportunity for the development of the Site. As the recipient of the Report and all its contents, You are required to rely on your own experience, knowledge and judgement when arriving at any conclusion.

 

We are NOT Town Planners, Architects, Engineers, Surveyors, or Financial Advisors and accordingly We are unable to offer the Report with any degree of certainty.  A Report can not be relied upon as containing definitive or accurate information and therefore can NOT be used as the sole source of information in any due diligence undertaken by You.

 

You therefore understand and fully accept the condition that You will carry out Your own detailed due diligence, make Your own enquiries, and seek alternative advice and assessments, including undertaking all necessary investigations, about the matters contained in any material provided within the Report.  This may include seeking clarification or confirmation for the actual source of the information and/or governing body, including but not limited to the local planning authority, etc.

 

To remove any doubt, You are required to conduct Your own independent enquiries and/or detailed investigations that is deemed necessary (and/or appropriate) in order to verify the accuracy and completeness of the information contained within the Report, irrespective of the format the information is provided in.

 

Proposed Development Uses

You may be provided (within the Report’, a development use that We believe may be the Site’s most appropriate use, based on various input parameters and assumptions, as at the date of the Report being generated.

 

Accordingly, You are required to conduct Your own independent review in this regard.

 

Proposed Development Yield

Where applicable, You are to carefully consider all potential development scenarios, alternative options (and resultant yields) to those suggested by Use.  More specifically, any option or suggestion made herein may NOT suit the competencies, risk profile, and/or other parameter(s) required by You. 

You are required to conduct its own independent review in this regard.

 

Heritage Overlays

You are required to verify all information relating to Heritage Overlays and, more specifically, You are required to check the findings generated from this Report with the advice provided by the relevant State and/or Local authorities.

 

Privacy Policy Statement

Your access to and use of the Service is conditioned upon Your full acceptance of and compliance with the Privacy Policy Statement of the Company.  

Our Privacy Policy describes Our policies and procedures with regard to the collection, use and disclosure of various Personal Data (pertaining to You) when You use the Platform.  

 

The Privacy Policy relates to Your privacy rights and how the law may protect You. 

Please read Our Privacy Policy carefully before using Our Service. 

Our Warning and Disclaimers Statement

Your access to and use of the Service is conditioned upon Your full acceptance of, and compliance with, the Warning and Disclaimer Statement of the Company. 

Please read Our Warning and Disclaimer Statement carefully before using Our Service.

Links to other, third-party websites

Our Service may contain links to third-party websites or other on-line based services that are not owned or controlled by Us.

We may have no control over, and therefore cannot assume any responsibility for the content, privacy policies, disclaimers, or other practices of any such third-party website(s) and/or services.  

You further acknowledge and agree that We shall NOT be responsible or liable, directly or indirectly, for any damage and/or loss caused or alleged to be caused by or in connection with the use of and/or reliance on any content, services available on or through any such third-party website(s) and/or services.

 

We strongly advise You carefully to read the terms and conditions, privacy policies, warning statements, and the like, of any third-party website(s) or services that You encounter when using our Platform.

 

Access to Our Website

You must be at least 18 years of age to use our Website. By using our Website and accepting these Terms, you confirm that you are at least 18 years of age.

 

Our Website is for Our own private use and may be made available to You free of charge, or on a subscription basis, depending on your Subscription Level.

 

Access to the various parts of the Website will be limited depending on Subscription Level.

 

We do NOT provide any guarantee that our Website, or any Content contained within it, will always be available or be uninterrupted. Access to the Website is permitted to You on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our Website without notice.  We will NOT be liable to You if, for any reason, the Website is unavailable at any time or for any period or is of inferior quality or contains any other error.

 

You are responsible for making all arrangements necessary for You to have access to the Website, including to ensure that Your computer system meets all relevant technical specifications necessary to use Our Website and/or that it is compatible with the Website.

 

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms (and other applicable terms and conditions) noted herein, and that they are required to comply with them in full as if they were You.

 

We reserve the right to bar any User from our Website and/or restrict or disable their access or use of any or all elements of our Service permanently (or temporarily) at our sole discretion.

 

We recommend that You download and store a copy of these Terms for any future reference.

 

You must NOT, under any circumstance:
 

  1. misuse our Website. In particular, You are NOT permitted to hack into, circumvent security or otherwise disrupt the operation of Our Website, or attempt to carry out any of the foregoing;

    • use or attempt to use any automated program (including, without limitation, any scraping technology, bots, spider or other web crawler) to access the Website or any Content.  Any such use or attempted use of an automated program shall be a misuse of our Website and is strictly unauthorised; or

    • reverse engineer, decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Website.

    • Sharing Our Service or Content to others

    • Reselling Our Service or Content to others.

 

NOTE: You are referred to our earlier clauses - specifically, ‘Sharing Our Service or Content’ and ‘Reselling Our Service or Content’.

Permitted Access

 

Depending on Your required use of the Website, and/or the Subscription Level of You have contracted to purchase from Us, You may only have limited access to the Service.

 

Please refer to the whole of these Terms in relation to permitted access to our Service.

 

Changes to our Website

To improve the user experience, We update our Website and change its Content on a regular basis.

 

Any Content contained on our Website may be out of date at any given time. Whilst all reasonable attempts will be made to keep the Website up to date, We are under no obligation to update it.

 

We do NOT provide any guarantee that our Website, or any Content contained within it, will be free from errors or omissions.  Other than serving as a guide, You can NOT rely on ANY of its Content.

 

Other applicable terms

These Terms refer to the following additional terms, which also apply to Your use of the Website:

  • Our Privacy Policy, which sets out the terms and conditions on which we process any Personal Data that We collect from you, or that You provide to us. By using our Website, you consent to such processing and You confirm that all data provided by You is accurate;

  • Our Cookies Policy, which sets out information about the cookies that we use on our Website.

 

Viruses

We do NOT provide any guarantee that Our Website will be secure or free from computer bugs and/or viruses.

You are responsible for configuring Your information technology, computer programs and platform in order to access Our Website.  You should use Your own virus protection software.

 

You must NOT take any action that could damage or adversely affect the performance or proper functioning of Our Website, or misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 

 

You must NOT attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. 

 

You must NOT attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, You would commit a criminal offence under Australian legislation.  We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your Personal Data and identity to them. In the event of such a breach, Your right to use Our Website will cease immediately and We will reserve Our rights to recover any costs or damages as a consequence.

 

You must NOT upload or use inappropriate or offensive language, images, or other content or solicit any commercial services in any communication, form or email You send or submit, from or to Our Website.

 

Whenever You make use of features that allow You to upload content to our Website, or to make contact with other users via our Website, you MUST always comply with industry expectations and standards in relation to any interactive services and content.  You warrant that any such contribution will always comply with such standards and, if You are a business, You shall indemnify Us against any breach of this warranty committed by You.

 

Interactive Services and Content

We collect Personal Data about You including but not limited to Your name, Your email address, Your mailing address, as well as other Personal Data contained in messages that You may send to Us or other users of our Website.

For more specific details on how we use your Personal Data, please read our Privacy Policy.

All Content that you upload to our Website will be considered non-confidential and non-proprietary and We have the right to use, including publishing, any such content for any purpose, subject to the terms of our Privacy Policy Statement.

We also have the right to disclose Your identity to any third-party who claims or alleges that content posted or uploaded by You to the Website breaches that third-parties’ legal rights.

 

The views, comments, and/or opinions expressed by any third-party providing information or content to Our Website does NOT necessarily represent Our views or Our values.  They are independent views and are NOT related to Us.

Not acting as a Real Estate Agent

By providing the Service to You, We are NOT acting in the traditional capacity of a real estate agency.  To remove any doubt, the Service We provide You aggregates various information and data that has been provided to Us from various sources, including Sellers, Selling Agents, Referral Partners and general market commentators.  

The collated information may be accessed by Users of the Website to assist those parties wishing to transact a Site at some time in the future.  For example, Our Website and the Service We provide, displays development sites that We understand are for sale.  Our Service is delivered via an on-line marketplace (website) of sellers intending to promote and sell their Site and where that information is provided to Us either directly by the Seller or indirectly through their respective real estate agent (or in some cases, via a Referral Partner).  All real estate agents who provide Us with information regarding a Site, and who desire for that Site to be upload onto our Website, are required to carry the appropriate licence(s) with the relevant governing body, as well as hold an up-to-date appointment to act as an agent (eg. a ‘Form 6’ in QLD).

We therefore do NOT specifically take any action or make any representation that would deem Us to act in the capacity of a real estate agent under the guidelines established by the relevant authorities (eg., in Queensland, the Department of Fair Trading).   

Any real estate transaction of a Development Site included in our Website would need to take place within the guidelines set out by such relevant authorities - specifically, via licensed a real estate agent (or conjunctive agents) as the case may be.  

 

We highlight that it is NOT Our responsibility to verify whether or not a party claiming to be a suitably licensed real estate agent meets those requirements, or that a Site displayed on our Website has the authorisation or consent of the landowner.

 

Furthermore, the details of the properties available on the Website are provided to us by Our Users for your information only.  We do NOT verify the ownership or property details provided to Us nor do We provide any warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at Your own risk.  We therefore recommend that you carefully check all property and ownership details before making any decisions or take any action in relation to a Site contained on Our Website.

 

Linking to our Website

You may link to any of the Website’s pages, provided You do so in a way that is fair and legal and that does NOT (or would NOT at any time in the future) damage Our reputation or take advantage of it.

 

You must NOT establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where one does NOT exist.

 

Our Website must NOT be framed on any other website.

 

You are NOT permitted to, under any circumstances, share or resell Our Service or Content to others.

 

We reserve the right to request that You remove an electronic link to our Website at any time and You agree to remove such a link immediately.

 

We reserve the right to withdraw linking permission without notice.

 

If You wish to make any use of the Content on our Website other than that set out above, please contact us at connect@devop3.com.

No Employment, Joint Venture, or other similar

Unless agreed in writing between Us and You, nothing in our dealings suggests there is an employment agreement, joint venture, or other similar arrangements between the parties.

 

Your Registration and Subscription

To gain access to certain details and the Service on our Website, You will need to register as a DevOp3 User.

 

At Our sole discretion, We may refuse Your application for registration without providing a reason.  If We accept Your application for registration, You will be given access at the point of application. Each registration is for a single user only.  You must NOT share your username and/or password with any other person or with multiple-users on a network under any circumstances.

You are also referred to the clause contained herein these Terms that relate to ‘Sharing Our Service or Content’ as well as the clause that relates to ‘Reselling Our Service or Content’.

You may, depending on Your use of the Website, be able to access its Contents free of charge.  Where a subscription is required to access the Contents that are not free of charge, You are referred to theTerms and Conditions detailed herein.

 

You undertake that all information provided by You for the purpose of registering with Us is accurate and complete and therefore is not intentionally false or misleading.

 

You accept sole responsibility for all use of and for keeping secret any username and/or password that may have been given to

 

You or chosen by You.  You MUST immediately notify Us of any unauthorised use of Your username and/or password, or any other breach of security of our Website of which You become aware.

 

We have the right to disable any account, username and/or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

Single-User

As a User of the Platform, You are ONLY permitted to utilise the Service for Your own consumption.  Where You are a commercial enterprise the use of Our Platform, irrespective of the Subscription Level, does NOT permit multiple-Users.  

 

You are prohibited from distributing any information We provide to third-parties, including within Your office and/or amongst you colleagues.  Additional users of the Platform within the commercial enterprise may only use the Service when a separate subscription is purchased.

 

You are also referred to our earlier clauses (contained herein), specifically; ‘Sharing Our Service or Content’ and ‘Reselling Our Service or Content’.

 

You are also referred to our earlier clause (contained herein); ‘Intellectual Property’.

 

Refunds and Returns

Nothing contained in these Terms of Use excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the "Acts") where to do so is unlawful. 

 

To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, Our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Services again or payment of the cost of having the Services supplied again.

 

Users may choose to purchase the Services from alternative Subscription Levels via a ‘Free’ or monthly subscription (or yearly subscription, that may be offered from time-to-time), depending on the chosen Subscription Level.

 

Where You are a User and have made an Order for a:

  1. monthly subscription, you will NOT be entitled to a refund for the amount paid in relation to that month should you choose to withdraw your subscription.

  2. an upfront yearly subscription (where this option is offered by Us), you will be entitled to a 50% refund of the amount paid by you on the Order, in proportion to the remainder of the yearly subscription should you choose to withdraw your subscription within four (4) months of commencing the subscription.

 

The prices quoted against each Subscription Level may change from time-to-time and without notice.  The applicable price that will be charged to You will be the quoted price as at the time of the Order being processed on the Platform and will apply for the duration of the Subscription Level that You have the Order for.

 

You are also referred to the following clause ‘Subscription Level Pricing’.

 

Subscription Level Pricing

Unless otherwise specified, all Subscription Level prices listed on the Platform are in Australian Dollars ($AUD) and EXCLUDE the GST.

 

All prices displayed on the Platform are subject to change without notice.  

 

Prices for items in an Order are fixed once Your Order has been confirmed.  Any subsequent price change(s) whether increasing or decreasing, will NOT be retroactively applied to confirmed Orders.

 

You may make an Order for a month-by-month subscription, or a yearly subscription (where offered by Us) to the Services. Yearly subscription Services may, at our sole discretion; and may be discounted, changed, or be withdrawn in full, at any time without notice.  Should You have an Order for a yearly subscription, the arrangements of that Order will remain in force as if no amendment took place. 

 

Discount Codes

From time-to-time promotional Discount Codes may be offered at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.

If a Discount Code is entered at the checkout, it has the effect of applying a discount solely across the cost of the Service.

 

Service Levels

Although We endeavour to provide You with accurate and complete information on the Services listed or advertised on the Platform, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Platform at any time without notice to You.

 

Orders

You may purchase a Product by completing the Order form process on the Platform.  Orders are subject to the availability of the Service requested in the Order and in accordance with the Subscription Level purchased.

 

An Order is NOT accepted, nor legally binding on Us, until We confirm on Our purchase screen that:

  1. full payment has been received by Us for the Order; and

  2. the Services are available; and

  3. the Order has been processed.

 

To the maximum extent permitted by law, Orders may NOT be cancelled by You once they have been accepted by Us.

 

Each Order (once confirmed by us in writing) represents a separate agreement between the parties (and each separate Order placed by You (via the Platform) will be subject to these Terms of Use, or as amended from time-to-time.

 

We reserve the right, at Our absolute discretion, to cancel Your Order at any time prior to the provision of the Services to You.

 

If an Order has been cancelled, refused or cannot be met due to unavailability of any Services, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable.  You will be provided with email acknowledgement of the cancellation and refund.

 

We accept NO responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to Your or Our internet connections or Our computer systems.

 

We do NOT provide any guarantee as to the availability of any Services displayed or ordered on the Platform.

 

Late Payment of Subscription Fees

Where You have provided an Order with Us and the scheduled payment is late, Your subscription will be immediately suspended or cancelled at our sole discretion.

 

Free Trial Period

From time-to-time, We will offer a Free Trial Period to use the Service.  The terms and conditions during any Free Trial Period will apply equally to You as if You were utilising the Service as a paid Subscription Level.  

 

You are ONLY able to obtain the benefit from one (1) Free Trial Period.

 

Upon expiry of the Free Trial Period, unless You follow the instructions provided on the Website to opt-out, We will proceed to bill you on a periodic basis as per our trading Terms, and will maintain a payment cycle, via a direct debit system until you opt-out of the Service. 

 

Your subscription will automatically renew until You cancel it.  By beginning your Free Trial, You agree to Our ‘Terms of Use’, as well as Our ‘Warning and Disclaimer Statement’ and Our ‘Privacy Policy Statement’.

Where you do NOT specifically nominate which Subscription Level You wish to use after the Free Trial Period, You will be automatically billed and provided the lowest level of paid subscription on a month-by-month basis until you opt-out of the Service.  

 

You can opt-out of the Service by cancelling from within your Account.

 

You are also referred to the following clause ‘Opting-Out’.

 

Opting-Out

Once you accept our Terms and an Order is placed, We will proceed to bill you on a periodic basis, as agreed, and will maintain that payment cycle via a direct debit system, until You opt-out of the Service by following the instructions provided on the Website.

You may cancel your Free Trial at any time by visiting Account Settings and cancelling your Service.

 

Payment and Suspicious Transactions

You can pay for Your Order using any of the methods specified on the Platform.

 

You agree and acknowledge that We will treat an electronic instruction as authentic and that We are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

 

If Your nominated payment method triggers Our internal suspect transaction protocols, We may contact You to confirm additional details, or rescind the transaction.  In this case, until Your Order has passed our fraud prevention protocols Your Order will NOT be fulfilled.

 

If You do NOT provide the requested information within seven (7) days, Your Order will be cancelled and Your payment will be refunded back to you. These information requests are sent to help protect credit card holders from online fraud though We provide NO guarantee that We will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Platform.

 

Payment processing for Orders are provided by ‘Stripe’ and subject to the Stripe Connected Account Agreement (the ‘Services Agreements’).  By placing an order and using Stripe to process payments You agree to be bound by that agreement(s), which may be modified by Stripe from time-to-time.  As a condition of enabling payment processing services through Stripe, You agree to provide Us with accurate and complete information about You and/or Your business.  Furthermore, You authorise Us to share it (and all related transactional information) with Stripe to assist with the processing Your payment to Us.

 

Provision of the Services and Reports

Included in the Services we provide You is the ability to produce PDF reports (or other formats) based on information presented via the Platform (‘Reports’).

 

The Service that includes the Report(s) may come from a variety of sources and are intended to provide general information ONLY.  Such Report(s) do NOT represent financial advice nor do they represent any advice as to the viability (or otherwise) of a Site.

 

You agree and acknowledge that We rely on third-party data providers to produce the Service.  We therefore do NOT guarantee the accuracy or completeness of any information contained within the Service and/or Report that may be generated by Us.

 

The Service also relies on assumptions that may change over time and We bear no responsibility to update that information. You agree to be bound by the terms and conditions for each of the data providers and suppliers. Our key data providers and suppliers may vary from time-to-time and are noted within the Service and/or Report.

 

We will use reasonable endeavours to ensure that all Service and/or Report are provided to You in a prompt and timely manner.  Factors outside of our control may however result in delays to the Service and/or Report.  We do NOT accept any liability for loss or damage suffered by You or anyone as a result of any such delays.

 

Where You allow other parties to view the Service and/or Report, You bear the onus of informing that third-party of Our Terms of Use, all of which are contained herein.

 

Uploading Data onto Our Website (for Sellers, and/or related parties)

If You are a:
 

  1. Seller (‘Landowner’), or a

  2. Licensed Real Estate Agent (‘Selling / Listing Agent’), acting on behalf of the Seller, or a

  3. Referral Partner (acting on behalf of a Seller),

 

of a Development Site that You wish to include on Our Website then you MUST read and understand the Terms of Use contained herein. 

 

Viewing Data onto Our Website (for Buyers, and/or related parties)

If you are a:

  1. Buyer, or a

  2. Licensed Real Estate Agent (acting on behalf of a Buyer), or a

  3. Referral Partner (acting on behalf of a Buyer),

 

of a Development Site that You wish to view on Our Website then you MUST read and understand the Terms of Use contained herein.

 

Communication Protocol 

We aim to provide a high level of content and therefore customer value.  We are able to achieve this primarily through Our ability to operate an online business.  Accordingly, we encourage You to communicate with Us primarily via email.  

 

It is the Your responsibility to therefore ensure that Your correct contact details, any data, and/or other relevant information is provided to Us in writing form.

 

We recommend that Your nominated email address is regularly checked for correspondence from Us.

 

Indemnity

You agree to indemnify Us (and our officers, directors, employers and/or contractors) (collectively, the ‘Indemnified’) and to keep indemnified the Indemnified and hold harmless from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, Your access to, and use of, the Contents and our Platform, any breach by You of these Terms of Use or anyone else’s use of the Services that you share any of the Contents onto.

 

Intellectual Property

All works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You acknowledge that We and/or Our licensors are the owners of the respective Intellectual Property contained in the Platform and in all Contents published on the Platform, and that We retain all rights, title and interests (including Intellectual Property contained therein) irrespective of any licence We may grant to You to access, and use, the Platform.

 

You must NOT use the Intellectual Property contained within the Platform in any manner other than as permitted under these Terms of Use or by Our third-party providers (or suppliers).  We reserve all rights in relation to our Intellectual Property and we may terminate any licence granted to you under this Agreement at any time and at Our absolute discretion.

 

You may use the Contents and the Intellectual Property therein, for any lawful purposes so long as You do NOT attempt or commercialise Our Content and/or share it with third-party that may commercialise Our Content.  If you become aware of any third-party that may commercialise Our Content, you MUST notify us immediately in writing.

 

You must NOT in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Content on another website or create derivative works from any part of Our Platform or commercialise any information obtained therein without Our prior written approval.

 

You agree that You will NOT modify or copy the layout or appearance of Our Platform nor any computer software or code contained in it, and that You will NOT decompile, disassemble, reverse-engineer or otherwise attempt to discover, interfere with or access any source code related to Our Platform.

 

If you print-off, copy or download any part of our Website in breach of these Terms, Your right to use our Website will cease immediately and you MUST, at our option, return or destroy any copies of the materials You have made including notify and requesting the same of the party or parties that receive that material.

 

All authors of the Content on our Platform MUST always be acknowledged by You where We grant prior, written permission for You to do so.

 

You are also referred to our earlier clauses (contained herein), specifically; ‘Sharing Our Service or Content’ and ‘Reselling Our Service or Content’.

 

Warranty

The Content on the Website is provided for general information ONLY.  

 

It is NOT intended to provide any advice on which You should rely upon.

 

A specific condition of use of Our Website is that you MUST obtain professional or specialist advice before taking (or refraining from) any action on the basis of the Content on the Website.  Accordingly, We do NOT accept any responsibility or liability to any User and/or any third-parties in relation to the use of the Content on the Website. 

 

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up-to-date.  Therefore the use of the Website by You indemnifies Us of any liability for any loss whatsoever, that may be attributable to such information being incorrect, incomplete or misleading.

 

Due to the nature of software and the internet, We do NOT warrant that Your access to, or the running of, this Website will be uninterrupted or error-free. We may suspend, withdraw, discontinue or change all or any part of Our Website without notice to You. 

 

We will NOT be liable if we cannot process your details due to circumstances beyond our reasonable control.

 

To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Website or any content on it, whether express or implied.

 

If you wish to find out more information about the Content published, please contact us on connect@devop3.com.

 

Copyright

Copyright in some of the Content available on our Website belongs to third-parties and has been produced on our Website with the permission of the third-party copyright owners.  Please check the copyright notices of such third-parties as any breach of this copyright is Your sole responsibility.

 

Where our Website contains links to other websites and resources provided by third-parties, these links are provided for Your information only.  We have no control over the contents of those websites or resources. We provide no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites.  We do NOT recommend any products or services noted on those websites. If you decide to access any third-party website linked on our Website, You do so at your own risk.

 

You are also referred to our earlier clauses (contained herein), specifically; ‘Links to Other Websites’.

With the exception of copyright belonging to third-parties and unless otherwise stated, copyright in the pages of our Website and all other Content available through it belongs to Us.

 

Liability for Loss or Damage

Regardless of whether You are a consumer or a business user, we do NOT exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors.

 

We will NOT be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond Our reasonable control.

 

We do NOT accept any liability for loss of your login details such as a username, password, or general ID account caused by a breakdown, error, loss of power or otherwise caused by, or to Your computer system.

 

We may install such systems as We, from time-to-time, see fit to prevent automated programs from being used to obtain unauthorised access to Our system and Website. 

 

We shall NOT be liable to You for any consequences arising out of, or in connection with, any such use or attempted use of automated programs to obtain unauthorised access to Our system or Website.

 

We will NOT be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Website or to Your downloading of any content on it, or any website linked to it.

 

If You choose to contact Our Users using the Website, Your details (including Your email address, telephone number and the address of the Site that You are representing, or discussing) will be sent to the User that You are communicating with.  

 

We do NOT accept ANY liability for any subsequent communications that You receive directly from that User.

 

If You are a User of Our Website, then:
 

  1. We exclude all implied conditions, warranties, representations or other terms that may apply to Our Website or any content on it,

  2. We will NOT be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use Our Website; or

    • use of or reliance on any content displayed on our Website.

    • In particular, we will NOT be liable for any:

      • loss of profits, sales, business, or revenue; or

      • business interruption; or

      • loss of business opportunity, goodwill or reputation; or

      • any indirect or consequential loss or damage.

 

Applicable Law

These Terms of Use shall be construed in accordance with the laws in each relevant State or Territory of Australia.

 

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach any of these Terms of Use.

 

Upon termination, Your right to use the Service will cease immediately.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no circumstance shall We (or Our providers or suppliers) be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if We or any provider or supplier associated with Us, has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

‘As Is’ and ‘As Available’ Disclaimer

The Service is provided to You ‘As Is’ and ‘As Available’ and without warranty of any kind.  To the maximum extent permitted under applicable law, We on Our own and on behalf of our providers or suppliers, and their respective licensors, providers or suppliers; expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

 

Without limitation to the foregoing, the Company (nor any of its providers or suppliers) offers any warranty or undertaking, and makes no representation of any kind, express or implied, that -

  1. the Service will meet Your expectations and/or requirements, achieve any intended results or expectations, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected, or

  2. operation or availability of the Service, or the information, Content, and materials or products included thereon will be:

    • uninterrupted or error-free; or

    • accurate, reliable or current; or

  3. where its servers or emails sent (from or on behalf of Us) would be free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern the Terms of Use and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

 

Disputes Resolution

If You have any concern or dispute about the Service, You agree to firstly try to resolve the dispute informally by contacting Us in writing and then seeking a mediation process.

 

Severability and Waiver

Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall NOT affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, then We will make reasonable efforts to provide at least seven (7) days' notice prior to any new terms taking effect.  What constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do NOT agree to the new terms, in whole or in part, You are required to refrain from using Our Platform and the Service we provide.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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