Terms And Conditions

These Terms and Conditions and our Privacy Policy form the basis on which you may access and use our website and services.

Luckytec Pty Ltd ACN 668 120 241 ABN 25 668 120 241 trading as Online Property Hub (“we,” “us,” “our”) operates this website. By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our website.

We may update these Terms from time to time. Any changes will be effective immediately upon posting on the website. Your continued use of the website after changes are posted constitutes your acceptance of the updated Terms.

1. Interpretation

In these Terms, unless the context requires otherwise, headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; a reference to a person includes an individual, company, corporation, partnership, and any other organisation or legal entity; and a reference to “including” or “includes” means “including but not limited to” or “includes without limitation”.

2. Our Services

2.1 Intermediary Role

Online Property Hub acts solely as an intermediary service that connects potential buyers with property developers. We are not a licensed real estate agency, property seller, property developer, or property owner. We do not have any ownership interest in the properties referenced on our website.

Our role is strictly limited to facilitating introductions between interested buyers and property developers. We do not represent either party in negotiations, transactions, or contractual arrangements. Any property purchase agreement or contract will be solely between you and the relevant developer. We are not a party to any such agreements.

We do not have authority to make representations or warranties on behalf of any developer, nor can we bind developers to any commitments. Our service is limited to information collection, matching, and facilitation of initial introductions based on the information you provide to us.

2.2 What We Provide

When you use our services, we collect information about your property requirements and preferences through our contact form or expressions of interest. We use this information to identify potentially suitable new property developments that match your criteria. With your explicit consent, we share your contact details and property preferences with relevant developers who may have properties matching your requirements. We then facilitate initial introductions between you and these developers.

We may provide general information about property developments, locations, and market trends. However, this information is provided for general guidance only and should not be relied upon for making purchasing decisions without independent verification.

2.3 Service Limitations

Our role is strictly limited to facilitating introductions. We do not:

(a) provide property valuations, financial advice, or investment recommendations;

(b) represent either you or the developer in negotiations;

(d) guarantee property availability, development completion, or construction timelines;

(e) verify or validate information provided by developers;

(f) conduct due diligence on developers or their projects; or

(g) provide legal, tax, or financial advice regarding property transactions.

Any information or guidance we provide is general in nature and should not be considered specific advice relevant to your particular circumstances.

2.4 Fee Structure

Our services are provided to you at no direct cost. We operate on a commission-based model and receive payment from developers when introductions we facilitate result in completed property transactions. This commission arrangement does not increase the purchase price you pay for a property.

The commission rates we receive vary between developers and developments but typically range from [X]% to [Y]% of the property purchase price. Our commission arrangements with developers do not affect our commitment to matching you with properties that best suit your requirements and preferences.

3. Website Usage

3.1 Acceptable Use

You agree to use the website only for lawful purposes and in accordance with these Terms.

You agree not to use the website:

(a) in any way that violates applicable laws or regulations;

(b) to impersonate or attempt to impersonate us, our employees, another user, or any other person;

(d) to attempt to gain unauthorised access to any portion of the website or any systems or networks connected to the website;

(e) to make any unauthorised, false, or fraudulent expression of interest; or

(f) to conduct any systematic or automated data collection activities on our website without our prior consent.

3.2 Prohibited Activities

You agree not to:

(a) use the website in any manner that could disable, overburden, damage, or impair the website;

(b) use any robot, spider, or other automatic device or process to access the website for any purpose;

(d) use any device, software, or routine that interferes with the proper working of the website;

(e) attempt to probe, scan, or test the vulnerability of the website or breach any security measures; or

(f) otherwise attempt to interfere with the proper working of the website.

3.3 Age Restrictions

You must be at least 18 years old to use our website and services.

3.4 Intellectual Property

All content on the website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of Online Property Hub or our content suppliers and is protected by Australian, New Zealand, and international copyright and intellectual property laws.

3.5 Restrictions on Content Use

Except as expressly permitted in these Terms, you may not:

(a) copy, reproduce, distribute, republish, download, display, post, transmit, or modify any content from our website in any form or by any means;

(b) mirror or frame any part of our website without our express written consent;

(d) remove or modify any copyright, trademark, or other proprietary notices contained in any content from our website;

(e) transfer the content to another person or entity; or

(f) use any data mining, robots, or similar data gathering and extraction methods on our website.

3.6 Trademarks and Branding

The name “Online Property Hub,” our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or the trademarks of our affiliates. You may not use these marks without our prior written permission. Additionally, you may not use our name, logos, or trademarks in any way that suggests partnership with, affiliation with, or endorsement by us without our specific prior written permission.

3.7 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the website and its content for your personal, non-commercial use, subject to these Terms. This licence does not include:

(a) any resale or commercial use of the website or its content;

(b) any derivative use of the website or its content; or

4. Website Content

4.1 Generic Images and Renderings

All images, photographs, and visual representations of properties on our website are for illustrative purposes only. They may include artist renderings, stock photography, display images, or conceptual designs that may not represent actual available properties. Images may depict optional features, fixtures, finishes, or furniture that are unavailable or available at additional cost. You should seek further information directly from the relevant Developer to determine availability and costs of specific properties.

4.2 Information Accuracy

While we strive to provide accurate and up-to-date information, we do not warrant that the content on our website is accurate, complete, reliable, current, or free from errors. We rely on third-party sources, including Developers, to provide or develop content and do not independently verify this information. It is your responsibility to independently verify all information before making any decisions. Property details, specifications, prices, and availability are subject to change without notice.

4.3 Third-Party Content

Our website may include content provided by third parties, including developers and property providers. This third-party content may include property information, descriptions, specifications, measurements, prices, availability details, development timelines, promotional materials, and images.

We do not control, verify, monitor, or endorse any third-party content displayed on our website. We are not responsible for the accuracy, completeness, appropriateness, legality, or reliability of any third-party content. Any reliance you place on such information is strictly at your own risk.

Third-party content is provided for informational purposes only. The inclusion of any third-party content on our website does not imply any endorsement, recommendation, or approval by Online Property Hub of the material, the third-party provider, or their activities.

5. Expressions Of Interest

4.1 Generic Images and Renderings

4.2 Information Accuracy

4.3 Third-Party Content

6. Referrals

6.1 Referral Program Overview

We offer a referral program that allows you to earn incentives by referring potential property buyers to us. By participating in our referral program, you accept these referral terms in addition to our general Terms and Conditions.

6.2 Making Referrals

To refer someone, you must provide their contact information (name, email address, and phone number) through our referral form on the website or via email. You must have the referred person’s consent to share their contact information with us. Self-referrals are not eligible for incentives.

6.3 Qualifying Referrals

A qualifying referral occurs when the person you refer is not already in our database or has not previously contacted us, the referred person completes a property purchase through our service, the property purchase reaches settlement, and the referred person confirms you as their referral source when asked. We track referrals through our internal system based on the contact information you provide.

6.4 Referral Incentives

For each successful referral that results in a completed property purchase, the referrer will receive a referral incentive payment between Five Thousand Australian Dollars (AUD $5,000) and Ten Thousand Australian Dollars (AUD $10,000). The referral incentive amount will be determined based on:

(a) the purchase price of the property;

(b) the type of property (residential, commercial, land, etc.); and

The final referral incentive amount within the AUD $5,000 to AUD $10,000 range will be determined at our sole discretion.

We reserve the right to refuse payment of a referral incentive if we reasonably suspect fraudulent activity, misrepresentation, or any attempt to manipulate or abuse the referral program. Multiple referrals of the same potential buyer from different referrers will be honoured only to the first verified referral. Disputes regarding referral eligibility will be resolved at our sole discretion. Acceptance of a referral incentive payment constitutes a full release of any claims related to the referral.

6.5 Limitations

The following limitations apply to our referral program:

(a) there is no limit to the number of people you can refer;

(b) referral incentives are only payable for completed property purchases;

(d) incentives are not available for properties where we do not have a commission arrangement with the developer; and

(e) we may decline any referral at our discretion.

The following individuals are not eligible to participate in our referral program:

(a) our employees, contractors, and their immediate family members;

(b) employees of property developers we work with;

(d) persons under 18 years of age.

6.6 Payment Process

Referral incentives will be paid within [X] days after settlement of the property purchase. Payment will be made via electronic funds transfer to your nominated Australian bank account. You are responsible for providing correct bank details and for any tax obligations arising from referral payments.

6.7 Program Modifications

We reserve the right to modify or terminate the referral program at any time without prior notice. Any changes will not affect qualifying referrals already submitted prior to the change.

6.8 Disputes

Any disputes regarding referrals or incentive payments must be submitted in writing to us within [X] days of the property settlement date. We will investigate all disputes and our decision is final.

7. Disclaimers & Limitations of Liability

7.1 Role and Relationship Disclaimers

We provide an introduction service only. We are not your agent, representative, or advisor. Any transaction you enter into with a Developer is solely between you and that Developer. We are not a party to any such transaction and are not responsible for any aspect of the relationship between you and the Developer.

7.2 Affiliates and Developers

As an intermediary service, we receive compensation from Developers for recommending, endorsing or promoting their properties as featured on our website or in the course of delivering our services. Any such arrangement with Developers is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of specific properties beyond our matching service.

You acknowledge and understand that by engaging our services, we may be eligible to receive commissions, referral fees, lead fees, and other forms of compensation from our Developer partners.

We make no representation or warranty as to the properties we introduce you to, unless expressly stated otherwise. You acknowledge and agree that any remuneration we receive from Developers is for the purposes of our introduction service only. We expressly disclaim any liability arising from your reliance on any information provided by Developers and caution you to make your own independent inquiry prior to any property purchase.

7.3 Property Information Disclaimers

We do not make any warranties or representations regarding the New Properties referenced on our website or through our services. All information about properties is provided by the relevant Developer and we do not independently verify this information.

7.4 Exclusion of Warranties

To the maximum extent permitted by law, we exclude all warranties, representations, guarantees, conditions, undertakings and terms, whether express or implied, in relation to our website and services, including any warranties of merchantability, non-infringement, security, reliability, completeness, accuracy, quality, integration or fitness for a particular purpose.

Our website and services are provided “as is” and “as available” and your use of our website and services is at your sole risk. We do not warrant or guarantee that:

(a) the website or services will meet your requirements;

(b) access to the website or services will be uninterrupted, timely, secure, or error-free;

(d) any errors on the website will be corrected; or

(e) the website or services, or the servers that make them available, are free from viruses, malware, or other harmful components.

7.5 Property-Related Disclaimers

Without limiting the general disclaimers above, we do not guarantee:

(a) the accuracy of any property information, descriptions, images, plans, or specifications on our website;

(b) that any properties will be available when you express interest;

(c) that developments will be completed according to projected timelines or at all – construction delays, regulatory issues, and other factors may affect development timelines, and we are not responsible for any such delays or changes;

(d) the quality of any Developer’s work, reputation, or financial stability;

(e) that any property will meet your needs, expectations, or requirements;

(f) any projected property values, rental returns, or investment outcomes – property values and market conditions may change, and any information provided about market trends is general in nature and should not be relied upon as financial advice; or

(g) the outcome of any property transaction you may enter into with a Developer.

8. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot be lawfully excluded or limited.

To the maximum extent permitted by law, we exclude all liability (whether arising in contract, tort including negligence, statute or otherwise) for any loss or damage of any kind whatsoever arising from or in connection with your use of, access to, or inability to use or access our website or services; any content or information on our website; any interruption or impairment of service; or the actions or omissions of any Developer or other third party.

We will not be liable for any loss of profits, business, revenue, goodwill, opportunities, business interruption, loss or corruption of data, damage to reputation, indirect, special, incidental, consequential loss or damage, or punitive damages, howsoever arising and whether or not such loss or damage was foreseeable, even if we have been advised of the possibility of such loss or damage.

These limitations of liability apply regardless of the form of action, will survive termination of these Terms, and apply even if we were aware of the possibility of such loss or damage.

9. Indemnification

You agree to indemnify, defend, and hold harmless us, our directors, officers, employees, affiliates, agents, contractors, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms, your use of the website or services, information you submit or transmit through the website, or your violation of any rights of a third party.

Your indemnification obligations extend to all claims against us by Developers, other users, or any third party arising from your actions or omissions.

If we are subject to a claim for which you are obligated to indemnify us, we may, at our expense and discretion, notify you of such claim, select counsel to defend against such claim, and control the defence and all related settlement negotiations. You will assist us in asserting any available defences and provide reasonable assistance in defending any such claim.

10. Privacy & Data Protection

10.1 Privacy Policy

Our Privacy Policy, available at [PRIVACY POLICY URL], is incorporated into these Terms by reference. By using our website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

10.2 Data Handling

We collect and process personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For users in New Zealand, we comply with the Privacy Act 2020 (NZ).

10.3 Cookie Policy

Our website may use cookies and similar tracking technologies to enhance your experience. Information about our use of cookies is contained in our Privacy Policy.

10.4 Marketing Communications

When you provide your contact information, you consent to receive marketing communications from us. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting us.

11. Suspension And Termination

11.1 Suspension or Termination by Us

We may suspend or terminate your access to the website at any time, without notice or liability, for any reason including if you breach these Terms.

11.2 Effect of Termination

If your access is terminated:

(a) any information you have submitted may still be retained by us as required for regulatory or record-keeping purposes; and

(b) all provisions of these Terms which by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, indemnities and limitations of liability.

12. External Links & Third-Party Websites

12.1 External Links

Our website may include advertisements, hyperlinks and pointers to websites operated by third parties, including property developers (“Third Party Websites”). These Third Party Websites do not form part of our website and are neither under our control nor our responsibility.

When you link to Third Party Websites, you leave our website and do so entirely at your own risk. We make no warranty as to the accuracy or reliability of the information contained on any Third Party Websites and disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such Third-Party Websites.

We do not warrant that links contained on our website will be available and accessible to you at all times. We may change the path or location of a link or redirect content at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.

12.2 Social Media Integration

Our website integrates with social media platforms including Facebook, Instagram and LinkedIn. When you interact with us through these platforms:

(a) your use of those platforms is governed by their respective terms of service and privacy policies;

(b) any information you provide through social media platforms is subject to their privacy practices, not just ours;

(d) comments or messages you post on our social media pages may be visible to other users of those platforms.

A display of advertising or property information does not imply an endorsement or recommendation by us. Links to Developer websites and social media platforms are provided for your convenience only.

Information on our website should not be regarded as a substitute for professional legal, financial or real estate advice.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Victoria, with the courts of Victoria having non-exclusive jurisdiction to hear any disputes arising from these Terms. Prior to commencing legal proceedings, the parties agree to attempt to resolve any dispute through direct negotiation.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the website and services, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

14.3 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, labour disputes, or Internet service disruptions.

14.4 Assignment Restrictions

You may not assign, transfer, or sublicense these Terms or any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

14.5 Waiver Limitations

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any provision of these Terms will be effective unless it is in writing and signed by an authorised representative of ours.

14.6 Notices Procedure

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by us via email (to the address that you provide) or via the website, or by you via email to info@online-property-hub.com or to such other address as we may specify in writing.

14.7 Electronic Communications Consent

By using our website or providing information to us, you consent to receive electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15. Contact Information

If you have any questions about these Terms, please contact us at info@online-property-hub.com.