Terms of access to the Website (Terms of Access) 

This website (referred to in these Terms of Access as the Website) is owned and operated by  Logiudice Property Group, who is referred to in these Terms of Access as “we”, “us”, “our” and similar  grammatical forms. 

The material on the Website is copyright © 2021 Logiudice Property Group or other copyright owners. The Website is available for you to: 

(a) Access conditional on your acceptance without alteration of the terms and conditions set  out below. By continuing to access the Website you are agreeing to these Terms of  Access. 

(b) Upload material or information conditional on your acceptance without alteration of the  terms and conditions set out below. By continuing to provide or upload material or  information you are agreeing to the Terms of Use related to uploading material or  information to our Website. 

OPERATIVE PROVISIONS 

1 Use of material on the Website 

1.1 Generally 

(a) Except for the limited use set out in clause 1.1(b) you may not use the Website, or the  material contained on it, for any purpose. This involves: 

(i) the reproduction of the material in any material form; 

(ii) the distribution of the material in any material form; 

(iii) re-transmission of the material by any medium of communication; 

(iv) uploading or reposting the material to any other site on the Internet; and (v) “framing” the material on the Website with other material on any other website. 

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of  Access. 

(b) Despite the above restrictions on use of the material on the Website, you may download  material from the Website for your personal non-commercial use provided you do not  remove any copyright and trade mark notices contained on the material. 

(c) You may not modify or copy: 

(i) the layout of the Website; or 

(ii) any computer software and code contained in the Website. 

(d) We reserve all intellectual property rights, including, but not limited to, copyright in  material or services provided by it. The material provided on the Website is provided for  personal use only and may not be: 

(i) re-sold or re-distributed in any material form; 

(ii) stored in any storage media; or

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(iii) re-transmitted in any media, 

without our prior written consent. 

1.2 Links to other websites 

(a) This Website may contain links to sites on the Internet owned and operated by third  parties and which are not under our control. 

(b) In relation to the other sites on the Internet, which are linked to the Website, we: 

(i) provide the links to other sites as a convenience to you and the existence of a link  to other sites does not imply any endorsement by us of the contents of the linked  site; and 

(ii) are not responsible for the material contained on those linked sites. 

1.3 Disclaimer 1 

(a) We are making the Website available for others to publish information without assuming  a duty of care to users. We give no warranty, guarantee or representation about the  accuracy, reliability or timeliness or otherwise, of the information contained on the  Website or linked sites on the Internet. 

(b) To the full extent permitted by law we disclaim any and all warranties, express or implied,  regarding: 

(i) the accuracy, reliability, timeliness or otherwise of any information contained or  referred to on the Website or of any linked sites; and 

(ii) merchantability or fitness for any particular purpose for any service or product  contained or referred to on the Website or on any linked sites. 

(c) We will not be liable under any circumstances for any loss of profits or any damages of  any kind recognised by law (even if it has been advised of the possibility of such loss of  profits or damages) which are the consequence of you: 

(i) acting, or failing to act, on any information contained on or referred to on the  Website or any of the linked websites; and 

(ii) using or acquiring, or your inability to use or acquire, any service or product  contained or referred to on the Website or any linked sites. 

1.4 Disclaimer 2 

(a) We do not warrant, guarantee or make any representation that: 

(i) the Website, or the server that makes the site available on the Internet are free of  software viruses; 

(ii) the functions contained in any software contained on the Website will operate  uninterrupted or are error-free; and 

(iii) errors and defects in the Website will be corrected. 

(b) We are not liable to you for: 

(i) errors or omissions in the Website, or linked sites on the Internet;

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(ii) delays to, interruptions of or cessation of the services provided in the Website, or  linked sites; and 

(iii) defamatory, offensive or illegal conduct of any user of the Website, 

whether caused through our negligence or the negligence of our employees,  independent contractors or agents, or through any other cause. 

(c) You agree to accept the full cost of any necessary repair, correction and maintenance of  any of your computer software or hardware, which may be necessary as a consequence  of you accessing the Website. 

1.5 Limitation of liability 

Clause 1.3 (disclaimer 1) or clause 1.4 (disclaimer 2) may not apply to you in jurisdictions in  which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full  extent permitted by law our liability for any implied warranty or condition is limited, at our  choice, to one or more of the following: 

(a) if the breach of an implied warranty or condition relates to services: 

(i) the supply of the services again; or 

(ii) the payment of the cost of having the services supplied again; and 

(b) if the breach of an implied warranty or condition relates to goods: 

(i) the replacement of the goods or the supply of equivalent goods; 

(ii) the repair of such goods; or 

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or  having the goods repaired. 

1.6 Use of personal information gathered 

(a) We and any people or legal entities authorised by us may gather and process the  personal information: 

(i) which you may provide when accessing the Website, such as your name, address,  e-mail address and other personal information about you; and 

(ii) regarding the way in which you use the Website including, without limitation,  information acquired through the use of “cookies” delivered to your computer when  you access our Website. 

(b) We may authorise others to offer you goods and services using the information acquired,  as described in clause 1.6(a). 

(c) We will comply with the Australian Privacy legislation in respect to our collection, storage  and use of your personal information. Please refer to our full privacy policy in clause 3 for  details of how we collect, store and use your personal information. 

1.7 Termination of access 

We may terminate access to the Website at any time without giving any explanation or  justification for the termination of access, and we have no liability for any costs, losses or  damages of any kind arising as a consequence of terminating access to the Website.

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1.8 Alteration of Terms of Access 

We reserve the right to change these Terms of Access: 

(a) with or without further notice to you; and 

(b) without giving you any explanation or justification for such change. 

1.9 Intellectual property rights 

All logos, icons, brand names or service names that identifying the owner and operator of this  Website are our copyright property or our trade marks or service marks. All other trade marks  or service marks on this Website are the property of their respective owners. You must obtain  written permission before reusing any copyrighted material that is published on this Website.  

Any unauthorized use of the materials appearing on this Website may violate copyright, trade  mark and other property rights or legal protections and could result in criminal or civil penalties. 

1.10 Relevant jurisdiction 

(a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then  that part will be deemed to be severable from the balance of these Terms of Access and  the severed part will not affect the validity and enforceability of any remaining provisions. 

(b) These Terms of Access will be governed by and interpreted in accordance with the law of  the State of Western Australia, without giving effect to any principles of conflicts of laws. 

(c) You agree to the jurisdiction of the courts of the State of Western Australia to determine  any dispute arising out of these Terms of Access. 

2 Terms of use relating you uploading material or information to our Website 

This Website (referred to in these “terms of use” as the website) is owned and operated by  Logiudice Property Group, who is referred to in these Terms of Use as “we”, “us”, “our” and  similar grammatical forms. 

2.1 Uploading information 

You represent and warrant in relation to any material or information you provide to the Website  that: 

(a) you are authorised to provide the material or information; 

(b) the material or information is not defamatory or a malicious falsehood in relation to any  product, service, person or corporation; 

(c) the material or information is not the “passing off” of any product or service and does not  constitute unfair competition or infringe the rights of any person or corporation; 

(d) the material or information does not infringe any intellectual property right including, but  not limited to, trade marks, service marks or business names (whether registered or  unregistered), confidential information and copyright; and 

(e) the material or information does not infringe any legislation or regulations of the  Commonwealth of Australia and the State of Western Australia including, but not limited  to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law  (ACL) and any other parliament competent to legislate in relation to the Website or any  law in any country where the material or information is or will be available electronically  to users of this Website.

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2.2 Licence to use intellectual property 

By uploading any material that is protected by intellectual property rights including, but not  limited to, copyrighted works and material other than works, trade marks and service marks  (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and  payment-free licence throughout the world to: 

(a) reproduce, use and exploit the Intellectual Property, as part of the Website, to the full  extent permitted by Intellectual Property law in any jurisdiction in which the Website is  available to users; and 

(b) allow us to sub-licence others the same rights granted to us in clause 2.2(a) above. 2.3 Removal of information 

In relation to any material or information included on the Website, we may remove any material  or information, including but not limited to links to other sites on the Internet, at any time without  giving any explanation or justification for removing the material or information. 

2.4 Limit of liability 

We and our respective officers, employees and agents have no liability for any costs, losses or  damages of any kind, which you may incur, arising whether directly or indirectly. This applies: 

(a) in relation to or in connection with any material or information supplied in respect of  advertising on this Website; and 

(b) as a consequence of removing any material or information from this Website. 2.5 Indemnity 

You will at all times indemnify and keep indemnified us and our respective officers, employees  and agents (Those Indemnified) from and against any loss (including reasonable legal costs  and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand,  suit, action or proceeding by any person against any of Those Indemnified where such loss or  liability arose out of, in connection with or in respect of: 

(a) any breach of these Terms of Use by you; and 

(b) publication of or distribution of the material or information supplied by you. 2.6 Use of personal information gathered 

(a) We and any people or legal entities authorised by us may gather and process the  personal information: 

(i) which you may provide when accessing the Website, such as your name, address,  e-mail address and other personal information about you; and 

(ii) regarding the way in which you use the Website including, without limitation,  information acquired through the use of “cookies” delivered to your computer when  you access our Website. 

(b) We may authorise others to offer you goods and services using the information acquired,  as described in clause 1.6(a). 

(c) We will comply with the Australian Privacy legislation in respect to our collection, storage  and use of your personal information. Please refer to our full privacy policy in clause 3 for  details of how we collect, store and use your personal information.

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2.7 Intellectual property rights 

All logos, icons, brand names or service names that identifying the owner and operator of this  Website are our copyright property or our trade marks or service marks. All other trade marks  or service marks on this Website are the property of their respective owners. You must obtain  written permission before reusing any copyrighted material that is published on this Website.  

Any unauthorized use of the materials appearing on this Website may violate copyright, trade  mark and other property rights or legal protections and could result in criminal or civil penalties. 

2.8 Relevant jurisdiction 

(a) If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that  part will be deemed to be severable from the balance of these Terms of Use and the  severed part will not affect the validity and enforceability of any remaining provisions. 

(b) These Terms of Use will be governed by and interpreted in accordance with the law of  the State of Western Australia, without giving effect to any principles of conflicts of laws. 

(c) You agree to the exclusive jurisdiction of the courts of the State of Western Australia to  determine any dispute arising out of these Terms of Use. 

3 Privacy policy 

(a) This Website is operated by Logiudice Property Group who is referred to in this privacy  policy as “we”, “us”, “our” and similar grammatical forms. 

(b) By using our website or client portal or registering for an account with us, you are  accepting the terms of this privacy policy, and you are consenting to our collection, use,  disclosure, retention and protection of your personal information as described in this  privacy policy. 

(c) We appreciate that your privacy is important to you. Logiudice Property Group will  continue to protect the personal information you provide us and we will manage your  personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the  Australian Privacy Principles (APPs). 

(d) We will take all reasonable steps to ensure that all information we collect, use or disclose  is accurate, complete, up-to-date and stored in a secure environment. 

3.1 When do we collect information? 

(a) We do not automatically collect personal information from you, such as your name,  address, phone number, email address or other personally identifiable information about  you (personal information). We collect three categories of information when you use our  Website: 

(i) the personal information you voluntarily provide — that is, we collect personal  information with your informed consent; 

(ii) anonymous non-personal information about how you use our Website; and 

(iii) “cookie” based information that makes your use of our Website easier by recording  your preferences so that when you return to our Website the “cookie” re-loads that  information into your web browser. 

(b) For example, we will collect personal information from you when you register on our  Websites, place an order, subscribe to our newsletter, respond to a promotional offer,  competition or survey or fill out a form related to any customer service feature operating  on our Websites. 

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(c) When you become a member on the client portal, you will need to provide certain details  so that we can establish and manage your customer account. 

(d) When you log-into our Website using your Google or Facebook log-in (or use any other  log-in connected to any other social media platform) you are allowing that social media  platform to share your personal information with us (that is, your personal information  related to your log-in with that social media platform, which may include your email  address and other personal information). 

3.2 Why do we need to collect personal information? 

We collect personal information when you volunteer that information in order to receive a  service from our Website. The personal information collected on our Websites will be used to  provide the services you have requested, such as setting up and managing the client portal.  Your personal information may be used in relation to any survey, promotional offer or any  competition you may enter on our Websites. 

3.3 What information do we collect? 

(a) The type of information we collect from you will depend on what services on our Website  that you use. The personal information we may collect includes your name, postal  address, email address, telephone numbers and contact details and information for  identification purposes. If you make payments on the client portal by credit card or debit  card or direct debit from your bank account we will collect your card or bank account  details. 

(b) General information about visits to our Websites is collected by our computer servers,  with small files “cookies” that our Websites transfers to your computer’s hard drive  through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used  to follow the pattern of movements of users by letting us know which pages on our  Websites are visited, in what order and how often and the previous website visited. The  anonymous non-personal information that we collect and analyse in not personal  information as described in the Privacy Act. 

3.4 Why do we use “cookies” and other web use tracking technologies? 

(a) When you access our Website, small files containing a unique identification (ID) number  may be downloaded by your web browser and stored in the cache of your computer. The  purpose of sending these files with a unique ID number is so that our Website can  recognise your computer when you next visit our Website. The “cookies” that are shared  with your computer can’t be used to discover any personal information such as your  name, address or email address they merely identify your computer to our Websites  when you visit us. 

(b) We can also log the internet protocol address (IP address) of visitors to our Website so  that we can work out the countries in which the computers are located. 

(c) We collect information using “cookies” and other tracking technologies for the following  reasons: 

(i) to help us monitor the performance of our Website so that we can improve the  operation of the Website and the services we offer; 

(ii) to provide personalised services to each user of our Website to make their  navigation through our Website easier and more rewarding to the user; 

(iii) to sell advertising on the Website in order to meet some of the costs of operating  the Website and improve the content on the Website; and

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(iv) when we have permission from the user, to market the services we provide by  sending emails that are personalised to what we understand are the interests of  the user. 

(d) Even if you have given us permission to sent you emails, you can, at any time, decide  not to receive further emails and will be able to “unsubscribe” from that service. 

(e) If you are unhappy about having a cookie sent to you, you can set your browser to refuse  cookies or choose to have your computer warn you each time a cookie is being sent.  However, if you turn your cookies off, some of our services may not function properly. 

3.5 How do we store your information? 

(a) We use different technologies and procedures to help protect personal information from  unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we  use are physical access controls, information firewalls and access authorisation controls  to where your personal information is held in data centres. We also use data encryption  when personal information is transferred to and from our service providers. Our  commitment to data security means: 

(i) we have procedures to limit access to personal information within our organisation;  

(ii) we use security measures and technologies within our organisation to protect your  personal information; and  

(iii) we use service providers that can establish that they have secure controls relating  to software security, access security and network security, including where credit  card information is being transferred. 

3.6 What use do we make of your personal information? 

(a) We will communicate with you in relation to the management of your membership of the  client portal which will include providing you with information about the client portal. 

(b) We may send you information and updates about any other product, service or  information that we provide to our customers; in addition we may send you occasional  company news and information about other products and services or special promotional  offers of our affiliated companies. If at any time you would like to stop receiving future  commercial messages from us, we include detailed unsubscribe instructions at the  bottom of each email. 

(c) We may also release your personal information when we believe release is appropriate  to comply with the law, enforce our subscription agreements, website policies and terms  & conditions, or protect ours or others rights, property, or safety. 

3.7 How can I access the personal information that you collect? 

(a) We are happy to provide you with details of personal information held about you. APP 12  allows you to get access to, and correct, the personal information we hold about you. 

(b) To access this information, you need to email or write to us using the contact details  below.  

(c) APP 13 allows you to ask us to take reasonable steps to correction any personal  information that is inaccurate, out of date, incomplete, irrelevant or misleading. 

(d) If you believe that your personal information has been misused, you can inform us of  your complaint by writing to our address and we will attempt to resolve the matter.

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Logiudice Property Group, 37/6 Preston Street, Como WA 6152 

Phone: 08 9368 5888 

Fax: 08 9368 5800 

admin@lpg.com.au 

(e) If you are not satisfied with the outcome of your complaint you may refer the matter to the  Office of the Australian Information Commissioner (OAIC). Telephone: 1300 363 992. 

enquiries@oaic.gov.au 

OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints 

3.8 Third party links 

Our Websites may include links to websites operated by third parties. We have no responsibility  or liability for the content and activities of these linked websites. Nonetheless, we seek to  protect the integrity of our Websites and welcome any comment about linked websites. 

3.9 Terms and conditions 

Please also visit our Terms of Access to our Website (clause 1) and our Terms of Use  regarding uploading material or information to our Website (clause 2) which sets out the  conditions of use and limitations of liability governing the use of our Website. 

3.10 Your consent 

By using our Website, you consent to this privacy policy.  

3.11 Changes to our privacy policy 

(a) If we decide to change this privacy policy, we will post those changes on this page, and  update the privacy policy modification date below.  

(b) This privacy policy was last modified on 30 March 2021.

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