Terms & Conditions

Focus Property Group Australia Pty Ltd
www.focuspropertygroup.com.au

Welcome to the Focus Property Group website.

Please read these Terms of Use carefully. They govern your commercial relationship with us and set out the legally binding terms that regulate your access and use of this website.

For ease of understanding, we have provided explanatory summaries alongside the full legal clauses. These summaries are for convenience only and are not legally binding. The left-hand column contains the binding provisions; the summaries should not be used to resolve any potential ambiguity.

Definitions and interpretation provisions are set out in Clause 14 of these Terms of Use.

1. Acceptance and Modification of These Terms of Use

  1. You may only access or use this Website if you accept these Terms of Use. By accessing, browsing, or using the Website, you confirm you understand and agree to be legally bound by these Terms and our linked Privacy Policy.

  2. We may update or replace these Terms (and the Privacy Policy) at any time without notice.

  3. The latest version of these Terms will always be available on this page.

  4. If you do not accept these Terms, you must not access or use this Website.

2. Accuracy of Content

  1. We do not guarantee that the content on this Website (including property images, floor plans, or descriptions) is accurate, complete, or up to date.

  2. We may not have verified property details such as size, floor area, or condition.

  3. You must independently verify any property information before relying on it for any decision.

3. Website Availability and Use Restrictions

  1. We do not guarantee the Website will always be accessible or error-free.

  2. Website performance may depend on factors such as internet connection and third-party services, which are outside our control.

  3. You may not:

    • Copy, reverse-engineer, sublicense, or distribute Website content;

    • Use the Website for unauthorised commercial purposes;

    • Breach our intellectual property rights or attempt to bypass security features;

    • Violate any applicable law or regulation through your use of the Website.

4. Acceptable Use Policy

You agree not to:

  • Use the Website to violate legal rights or commit unlawful acts (e.g., fraud, identity theft, harassment);

  • Infringe on intellectual property or spam/privacy laws;

  • Introduce malicious code (e.g., viruses, worms, trojans);

  • Attempt unauthorised access to data or systems;

  • Interfere with Website operations or other users;

  • Send unsolicited communications in breach of the Spam Act 2003;

  • Use Website data for phishing or other privacy violations.

5. Intellectual Property Rights

  1. We retain all intellectual property rights in the Website and its content.

  2. You are granted a limited, non-exclusive right to use the Website in accordance with these Terms.

  3. If you provide feedback or suggestions, you assign any related IP rights to us upon submission.

  4. You waive any moral rights in feedback provided.

  5. You must not challenge or undermine our intellectual property ownership.

6. Responsibility for Other Users

  1. We are not responsible for user behaviour or content.

  2. If another user breaches these Terms, please notify us.

  3. We are not party to transactions between users and third parties, and you should undertake appropriate due diligence.

7. Responsibility for Third Party Claims

You indemnify us against any claims, costs, or losses arising from:

  1. Your use of the Website; and/or

  2. Your products, services, advertising, or marketing practices.

8. Hyperlinks

We do not endorse or take responsibility for third-party websites linked from this Website.

9. Limitation of Liability

  1. We do not guarantee that Website content is error-free or suitable as professional advice.

  2. You must seek your own financial, legal, or professional guidance before relying on our content.

  3. To the extent permitted by law, we exclude all liability for indirect, consequential, or economic loss (e.g., loss of data, business, or profit).

  4. Our maximum liability to you, where permitted by law, is limited to $200.

10. Warranties – Australian Consumer Law

  1. Goods and services supplied through this Website may come with non-excludable guarantees under the Australian Consumer Law.

  2. If applicable, your statutory consumer rights are preserved. For non-domestic purchases, our liability is limited to:

    • Replacement, repair, or reimbursement of goods;

    • Re-supply or reimbursement of services.

  3. All other warranties or guarantees are excluded to the maximum extent permitted by law.

11. Termination

  1. We may suspend or terminate your access to the Website at any time, without notice.

  2. We may take down the Website or parts of it without notice.

  3. Termination does not affect any rights accrued by either party up to the time of termination.

12. Notices

  1. Notices must be in writing and sent via email, post, or hand delivery.

  2. We may use your provided contact details for communications.

  3. Notices are deemed delivered:

    • On delivery (hand),

    • Six business days after local posting,

    • Ten business days after international posting.

13. General

  1. Any rights not expressly granted to you are reserved by us.

  2. We may update these Terms at any time.

  3. You may not assign your rights under these Terms without our written consent.

  4. If any part of these Terms is found invalid, the remainder will remain in effect.

  5. These Terms are the entire agreement between you and Focus Property Group regarding the Website.

  6. These Terms are governed by the laws of Victoria, Australia, and you agree to submit to the non-exclusive jurisdiction of the courts in Victoria.

14. Dictionary and Interpretation

Definitions:

  • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

  • Business Day means Monday to Friday, excluding public holidays in Victoria.

  • Business Hours means 9:00am to 5:00pm on Business Days.

  • Intellectual Property Rights includes all rights in copyright, trademarks, patents, and designs (registered or unregistered).

  • Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

  • Non-Excludable Guarantee refers to rights under the Australian Consumer Law that cannot be excluded.

  • Privacy Policy refers to our current Privacy Policy.

  • Terms of Use refers to this document and any future versions posted on our Website.

  • We / Us / Our means Focus Property Group Australia Pty Ltd.

  • You means any person using the Website.

Interpretation Notes:

  • Headings are for convenience only.

  • Currency refers to Australian Dollars (AUD).

  • Time references are based on Melbourne, Victoria.

  • Singular includes plural and vice versa.

  • Use of "includes" and similar expressions are not limiting.