Website terms of use

1. Introduction

Thank you for visiting our website. This website is owned and operated by Kollosche Pty Ltd ACN 616 237 417 as trustee for Kollosche Trust ABN 87 448 762 075 (Kollosche), a real estate service based on the Gold Coast, Australia providing commercial and residential property sales, property management and leasing services (services).

By accessing and/or using this website and our services, you agree to these Terms, which include our Privacy Policy (available at https://www.kollosche.com.au/privacy-policy/) and any location specific legal notice (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, us, we and our means Kollosche and our Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth).

2. Privacy collection notice

We may collect personal information about you through this website, in order to respond to your enquiries, provide you with our services and for other purposes set out in our Privacy Policy or as required by law. We may disclose that information to third parties that help us deliver our services (including agents, suppliers and our business partners).

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how we collect, use and disclose personal information; and (iii) how we store and protect personal information. If you would like any further information about our privacy policies or practices, please contact us at info@kollosche.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Property listings and particulars

Our website may contain information, images, price guides, floor plans and other details about properties that we have listed for sale, development or lease from time to time. These particulars are general information only and for illustrative purposes. Whilst we make all reasonable efforts to ensure the accuracy and completeness of these particulars, to the extent permitted by law, including the Australian Consumer Law, no warranty is given by us or by any seller, lessor or agent as to their accuracy.

Interested parties should not rely on these particulars as representations of fact but must independently satisfy themselves as to the accuracy of such information and the suitability of the property, by inspecting the property, or carrying out searches or other investigations.

Any price listed on our website is not a valuation and should not be relied on or treated as such. Prices, if indicated, have been estimated based on recent market evidence for comparable properties, to the extent available. Prices may be subject to GST.

Unless expressly stated otherwise, our property listings and the particulars within them, and other information available on this website, does not:

  • constitute an offer or inducement to enter into a legally binding contract;
  • form part of these Terms, or a subsequent contract of sale or any other contract you may enter into relating to the property;
  • purport to provide you with personal financial or investment advice of any kind; or
  • take account of your particular financial position, objectives or other requirements.

We recommend that you obtain financial, legal and taxation advice before making any decision.

4. Properties sold by auction

Where a property may be sold by auction or without a price, the value of the property is determined by the market (at the auction itself) and as such, we cannot provide a price guide for the property.

Our website may filter properties into a particular price bracket for functionality purposes, including properties for sale by auction, and any such categorisation or sorting should not be taken as a price guide or an indication that a particular price would result in a successful bid or offer.

5. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is only intended to provide a general summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website.

We may, from time to time and without notice, change or add to the website (including these Terms) or the information, properties or services described in it. You should monitor any changes to the information contained on this website. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

 6. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, images, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a limited licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or publication. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

8. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

9. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

10. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

12. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.

These Terms were last updated on 8 March 2022.