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Terms of Use

TERMS OF USE

This website is operated by Pointglen Developments Pty Ltd , its related bodies corporate and trusts (together called ” Pointglen”) under the domain name www.pointglen.com.au (“Website”). These Terms of Use and the Privacy Statement together apply to, and govern your access, use and interaction with the Website. 

Pointglen includes the operating entities listed at www.pointglen.com.au.

By proceeding with your access, use or interaction with the Website you agree to accept these Terms of Use and Pointglen agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with these Terms of Use.  

Pursuant to this licence and subject to the absolute right of Pointglen to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:

 

  • view the material in the Website;
  • access material contained in the Website; and
  • use the Website strictly in accordance with the provisions of this licence.

 

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

In addition to the terms contained in these Terms of Use, there are also specific terms relating to certain sections of the Website which also form part of the terms of use and govern your access, use and interaction with those sections of this Website (“Additional Terms”). Since you are also bound by these Additional Terms, you should review them wherever they are accessible by you on the Website. In the event of any inconsistency between the provisions of these Terms of Use and the Additional Terms, the Additional Terms prevail to the extent of the inconsistency.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites operated by third parties (“Third Party Websites”). Pointglen does not endorse, or approve of the operators of Third Party Websites, or the content, information, graphics and material on those Third Party Websites (“Third Party Material”) and you acknowledge and agree that your use of these Third Party Websites is at your own risk. 

Subject to any applicable law which cannot be excluded, Pointglen makes no warranties or representations:

 

  • regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
  • that Third Party Material does not infringe the intellectual property rights of any person. Pointglen is not authorising the reproduction of Third Party Material by linking material on this Website to Third Party Material.

 

When you follow a link on this Website, material on a Third Party Website may be displayed in your browser framed by material on this Website. This material is also Third Party Material for the purpose of these Terms of Use. 

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the Website, such offers and statements are made by Pointglen on behalf of the Third Party Website operator. Pointglen expressly disclaims acting in any other respect on behalf of Third Party Website operators. 

Pointglen may receive payments from operators of Third Party Websites in relation to goods or services supplied by the Third Party Website operator as a result of you linking to the Third Party Website from this Website. 

Your access to Third Party Websites may be governed by the Third Party Websites’ own terms of use. 

You may not create a link to this Website from another website or document without our prior written consent.

WEBSITE CONTENT

Pointglen is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, floorplans, text, graphic and their arrangement (“Content”). Unless we indicate otherwise, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Pointglen or the written consent of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content. 

You acknowledge and agree that if you contribute content to the Website, such content will become the property of Pointglen and you hereby assign all rights, title and interests in and to such contributions, to Pointglen. 

Subject to the terms of our Privacy Statement and any legal or regulatory obligations, any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”), will be deemed to be non-confidential. Pointglen has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Pointglen will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback. 

Pointglen reserves the right to remove any Content from this Website at any time, for any reason including, but not limited to, for any breach of these Terms of Use or upon receipt of claims or allegations from third parties or authorities relating to such Content.

Indemnity

You agree to indemnify, hold harmless and keep Pointglen and its  associates, directors, officers, employees, agents and contractors indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct, your use of this Website, your breach of provisions this licence or these Terms of Use, or your breach of any rights of third parties.

Trademarks

The “Pointglen” name and all its associated trade marks are trade marks of Pointglen.  Any other trade marks appearing on this Website may be the trade marks of the relevant owners. 

You must not use any trademarks that appear on this Website without the written consent of Pointglen or the relevant trademark owner.


Your conduct when using this Website

You acknowledge and accept that your use of the Website indicates your acceptance of this licence and these Terms of Use and that you are responsible for all of your activity in connection with accessing, using and interacting with, the Website. 

In accessing, using or interacting with, the Website, you must not:

 

  • take any steps to obtain unauthorised access to this Website or any parts thereof that are not opened to public access or which you do not have a right or licence to access;
  • disrupt or interfere with or make attempts to disrupt or interfere with:
    • the Website;
    • any other user’s enjoyment of this Website or Third Party Websites; or
    • any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;
  • engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;
  • use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form on this Website without the express consent of Pointglen except as expressly authorised by this licence;
  • use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of Pointglen;
  • take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Website;
  • reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
  • post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
  • use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.
User Responsibility

In accessing this Website, you acknowledge and agree that:

 

  • you must comply with all applicable local, state, national and international laws and regulations that relate to your use of, or your activities on, this Website. Pointglen reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
  • if Pointglen issues you with a password that permits you to access certain parts of this Website, you are solely responsible for the security of that password and for any use of the Website through such access, whether authorised or not; and you have exercised your independent judgment and have not relied on any warranty or representation made by Pointglen which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Pointglen (which material may be out of date or superseded).
Disclaimers

While Pointglen has endeavoured to ensure that all information provided on this Website is complete, accurate and up to date, the Content and this Website are provided “as is” and “as available” and Pointglen takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause Pointglen to be in breach of the terms of the licence. 

To the maximum extent permitted by law, Pointglen:

 

  • disclaims all warranties or representations, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
  • will not be liable for any cost, loss or damage suffered by you through your use of the Website or Pointglen’s failure to provide access to the Website or any Third Party Websites or any information updates.

The Content may contain general information about Pointglen’s products and services. Unless expressly stated otherwise, the Content does not:

  • constitute an offer or inducement to enter into a legally binding contract;
  • form part of the terms and conditions for Pointglen’s products and services;
  • purport to provide you with personal financial or investment advice of any kind; or
    take account of your particular financial or other personal position or requirements.

 

This Website may include information about stocks and their prices. The information made available on stock prices on this Website does not reflect the current or “real time” price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described. 

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Warranties and representations

Pointglen does not warrant or make any representations:

  • that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website; or
  • in relation to the use or the results of the use of the Content or this Website, as to their correctness, accuracy, reliability, or otherwise; or
  • that use of this Website will be compatible with the hardware and software you are using to access it; or
  • that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.

Pointglen will not be liable for any indirect or consequential losses arising out of a breach of this licence or the Terms of Use, or arising out of the supply of a defective program or incorrect materials.

Subject to any responsibilities implied by law and which cannot be excluded, Pointglen and its associates, directors, officers, employees, agents and contractors expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on Pointglen, or implied into this licence or these Terms of Use, under any law are hereby excluded. 

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence or these Terms of Use, which cannot be lawfully excluded, such terms will apply, save that the liability of Pointglen for breach of any such implied term will be limited to the maximum extent possible, at the option of Pointglen, to any one or more of the following:

  • the replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
  • the repair of such goods or services;
  • the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
  • the payment of the cost of having the goods repaired or the services performed again. 

Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement. 

Pointglen reserves the right to make any change, add or remove any material in or from this Website without notice. Pointglen may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

Termination and suspension

Pointglen reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate this Website or any service offered by or through this Website, at any time. All provisions of this licence and these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.

Waiver

Failure or neglect by Pointglen to enforce at any time any of the provisions of this licence or these Terms of Use shall not be construed or deemed to be a waiver of the rights of Pointglen under this licence or these Terms of Use. 

No waiver by Pointglen of its rights under this licence or these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency 

A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise. 

Privacy

Pointglen respects your privacy. If you provide information to us through using, accessing or interacting with, the Website, you agree to provide accurate, current and complete information and agree to maintain and update such information where appropriate. The Privacy Statement applicable to this Website explains how personal information will be treated as you access, use and interact with this Website, as well as how Pointglen manages the collection, use, disclosure, storage of your personal information and can be accessed on the Privacy page of this Website. 

Severability

If any parts of these Terms of Use or licence are deemed to be unlawful, void or for any reason, unenforceable then that provision may be severed from this licence and it will not affect the validity and enforceability of the remaining provisions. 

Applicable law

This licence is governed by and construed in accordance with the laws of Queensland, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Privacy Policy

Our Policy Statement

This Privacy Policy (“Policy”) explains how Pointglen Developments Pty Ltd (ACN 162 376 230), our related companies and trusts (“Pointglen”, “we”, “our” or “us”) collect, store, use, disclose and manage your personal information.

Purpose

Pointglen’s  key business activities includes, or may include:

  • property development;
  • investment in and leasing of retail development, workplace and logistics property;
  • investment in residential communities;
  • investment in, operation and leasing of land lease communities;
  • real estate agency services; and
  • funds management including in relation to unlisted property funds.

By providing personal information to us, you consent to our collection, use, storage, disclosure and management of your personal information in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”) and this Policy.

What personal information do we collect?

The types of personal information Pointglen collects about you depends on the nature of your interactions with us. In this Policy, “personal information” has the meaning given to it in the Privacy Act and includes any information or opinion, whether true or not, about an identified individual or an individual who is reasonably identifiable.

We may collect the following types of personal information:

  • information to verify your identity including your name, date of birth, gender, address, email address and telephone number;
  • financial information including bank accounts, credit card details, your income and credit-worthiness;
  • details of your employment history, and other information provided as part of our recruitment process;
  • your preference of our products, services, facilities and lifestyle activities;
  • information about you and your family and any characteristics, preferences or requirements that are relevant to the products and services that we may provide to you;
  • your image and/or voice and other personal information (such as your car licence plate) collected via CCTV surveillance systems installed in our residential and land lease communities, workplace and logistics and retail town centre premises;
  • your device ID, device type, geo-location information, IP address, browsing information and any personal information that you may provide to us directly or indirectly via our websites, Wi-Fi services, mobile applications; and
  • any other personal information that may be required in order to facilitate your dealings with us.
Do we collect sensitive information?

In some cases we may also collect ‘sensitive information’, for example if you are involved in an accident we may collect medical information and incident reports.

CCTV footage may contain sensitive information, and as such its use and release is governed by additional policies, this is covered in more detail in the section dealing with access to personal information.

How is personal information collected?

We will generally collect personal information:

  • from you directly, when you communicate with us;
  • from you indirectly, anytime you communicate or interact with us, whether this is by phone, email, face to face meeting, online or social media interaction;
  • when you use our websites, applications or our Wi-Fi services;
  • your participation in our surveys, competitions, loyalty programs or promotions;
  • when you visit our residential and land lease communities, workplace and logistics, retail town centres or carparks through our CCTV systems; and
  • through our recruitment process when you apply for a position with us.

We may also collect your personal information from third parties such as:

  • marketing agencies, data collection and research organisations;
  • medical professionals (for example if you are involved in an accident);
  • credit reporting bodies, law enforcement and government entities; and
  • other individuals (for example employment references).
What happens if Pointglen cannot collect personal information?

You are not required to provide personal information to us. If you wish to deal with us anonymously or you decide not to provide us with the personal information described above, we may not be able to provide or tailor our products, services or information to you, either to the same standard or at all (for example certain functions of our website may not function properly if you disable cookies).

Why do we collect, store, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

  • to provide and market our products and services;
  • to communicate with you;
  • to do business with you;
  • for the general management and conduct of our business;
  • to comply with our legal obligations;
  • to investigate incidents (including potential incidents) which occur on or at our premises;
  • to consider the suitability of prospective employees;
  • for security and risk management purposes; and
  • to help us manage, develop and enhance our services, including our websites, Wi-Fi networks and applications.

We will not use or disclose your personal information for any purpose other than the purpose for which is was collected (or a related purpose) unless you have consented to that purpose or we are permitted to do so by law.

To whom does Pointglen disclose personal information?

We may disclose your personal information (including in some circumstances, your sensitive information) for the purposes for which it was collected or related purposes (as described above) to:

  • affiliate retailers in retail development;
  • social media channels on which we have a presence such as Facebook, Twitter and Instagram, generally in these cases we limit disclosure of your personal information to your first name and surname;
  • regulatory authorities, police or government agencies or bodies where required by law;
  • related parties, entities and trusts of Pointglen; and
  • other companies, service providers and individuals who assist us in providing our services or managing our operations.

If any Pointglen entity is sold to a third party, we may transfer any personal information we hold about you to that third party. We may also disclose personal information on a confidential basis to prospective purchasers of a Pointglen entity.

Where we have disclosed personal information to a third party acting on our behalf, we request that those third parties do not use the personal information for their own purposes and that they comply with the Privacy Act and this Policy.

CCTV at Pointglen sites

We and/or our third party service providers may send you direct marketing communications and information about:

  • products, services, discounts, competitions and special promotions that we consider may be of interest to you;
  • offers or promotions based on how you use our products and services;
  • third party products and services (including offers and discounts we may have negotiated for our customers) we think may interest you, for example, if we are selling residential land, we may promote the services of one or more builders.

These communications may be sent in various forms, including by telephone, post, fax, email, SMS or any other form of electronic communication, in accordance with the Privacy Act and the Spam Act 2003 (Cth). By providing us your contact details you consent to Pointglen and/or third party service providers we engage, sending you the direct marketing messages described above.

Opting-out of other or all marketing communications

You may opt-out of any or all, direct marketing communications at any time by contacting the sender using the details set out in the communication (for example an unsubscribe link), or in the case of Pointglen, by contacting our Privacy Officer using the contact details below. In some situations, for example if we are providing services to you, we may still be required to make certain communications to you in connection with providing the services or products to you or as required by law.

Do we disclose personal information outside Australia?

We may disclose your personal information to the following overseas recipients:

  • to related entities;
  • to other companies, service providers and individuals who assist us in providing services or perform functions on our behalf such as hosting and data storage providers; and
  • where we are required or authorised by law to do so.

The countries in which the recipients are likely to be located include Singapore, United States, Canada, Japan and India.

We will take reasonable steps to ensure that any overseas recipient does not use the personal information for their own purpose, and complies with the Privacy Act and this Policy.

Cookies

Cookies are pieces of information that a website transfers to your device to store and sometimes track information about your use of the website. We use cookies to distinguish you from other users in order to better serve you when you revisit our website.

You can set your browser to notify you when you receive cookies, providing you with the opportunity to either accept or reject it, you can also refuse all cookies by turning them off in your browser. However if you do this, certain parts of our website may not function properly.

We handle personal information collected by cookies in the same way that we handle all other personal information as described in this Policy.

Security of Information

We may hold your personal information in either electronic or hard copy form. The confidentiality and security of your information is very important to us, and we take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure.

We use a number of physical, administrative, personnel and technical measures to protect your personal information, and regularly test our security controls, however the open nature of the internet means there is always some risk that an unauthorised party might find ways to overcome our security measures, and it is not possible to guarantee the security of your personal information. You should also be aware that e-mail communications are not usually encrypted and should not be considered secure.

Where we no longer require your personal information for business or legal reasons, we will take reasonable steps to destroy or de-identify it.

Where required by applicable law, we will notify you, and the Office of the Australian Information Commissioner and/or other relevant regulatory authorities, of data breaches affecting your personal information.

Third party links

Our websites and mobile applications may contain links to websites owned and operated by other organisations. When you click on one of these links, you are moving to another website. Unless stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites. We encourage you to read the privacy policies and other terms that apply to those websites as they may differ from this Policy, and if you have any privacy concerns, we encourage you to contact those website providers directly.

Access and correction of personal information

If you wish to seek access to and correction of your personal information that we hold about you, please contact our Privacy Officer using the contact details set out below. Depending on the nature of your request, we may ask you to provide us further information in order to verify your identity and ask you to put in writing the information you require.

There may be instances where we cannot grant you access to the personal information we hold, for example, if a legal exception applies or where granting access would interfere with the privacy of others or result in a breach of confidentiality. If that happens we will give you written reasons for refusal.

In the case of requesting access to CCTV footage, we have a corporate procedure, developed to conform with the Privacy Act that governs our use and release of CCTV footage. It may also be the case that we are unable to release CCTV footage if there is an investigation or legal action pending.

If you wish to update the personal information that we may hold, please contact Pointglen at admin@pointglen.com.au. If we disagree that there are grounds for amending your personal information, we will inform you of the reasons and add a note to the personal information stating that you disagree with it.

We will not charge you for requesting access or corrections to your personal information, however we may recover reasonable expenses associated with providing you with access to your personal information.

Complaints and concerns about your privacy

If you have any questions about how we handle your personal information, or if you wish to make a complaint about our information handling practices, please contact Pointglen:

Email: admin@pointglen.com.au

Post: Privacy Officer
PO Box 8158, Mt Pleasant, QLD 4740

If you consider that we have been unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner:

Email: enquiries@oaic.gov.au

Phone: 1300 363 992

Post: Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2000

Please visit the OAIC website at www.oaic.gov.au for further information.

Changes to Pointglen’s Privacy Policy

We may update our Policy from time to time to take into account new laws and technology, changes to our operations and business practices. The most current version of this Policy is on our website at www.pointglen.com.au/legals and we encourage you to check periodically to ensure that you have the most up to date version of our current Policy.

Effective: 1 July 2023