This website, located at develo.com.au (“the website”) is owned and operated Develo Pty Ltd ACN 39 620 074 311 as trustee for the Develo Trust (“develo”).

The information and materials published on the website provides general information only and is not intended as professional or other advice and should not be relied upon as such. The information provided requires interpretation and is not to be used in raw form without application of specific circumstances of the property. The information provided does not take into account the specifics of the actual parcel of land, your investment objectives, financial situation or personal needs and may depend on assumptions which may be incomplete or wrong. You should make your own inquiries and obtain independent advice tailored to your specific circumstances before making any acquisition, development or other decisions in relation to the property.

Terms and Conditions of Use

www.develo.com.au (“develo”, or “the website” or “our website”) is owned and operated by Develo Pty Ltd ABN: 39 620 074 311 (“develo business”, “we”, “our” or “us”).

1. Acceptance of Terms

Before using Develo please review these Terms and Conditions of Use carefully. They govern your rights, responsibilities and obligations as a User of develo (“Terms and Conditions”).

If you do not agree with any of the Terms and Conditions of Use, please do not use our website.

By accessing Develo you agree to be bound by the Terms and Conditions of Use and our Disclaimer.

By purchasing a service from Develo you also agree to be bound by the Terms and Conditions of Business.

You also consent to our disclosure and use of any personal information you submit to develo in accordance with our Privacy Policy.

By continuing to access Develo you are indicating your acceptance of:

  • These Terms and Conditions of Use
  • Our Terms and Conditions of Business
  • Our Privacy Policy
  • Copyright Policy
  • Security Practices

all of which are subject to change at our sole discretion and are available for your review on our website.

2. Disclaimer of Liability

Develo provides general property information with the belief that all information is true and correct. Develo is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the website and/or third party sites.

To the full extent permitted by law, Develo disclaims any and all warranties, express or implied, regarding:

  • The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the website and/or of any linked sites.
  • Merchantability or fitness for any particular purpose for any information contained or referred to on the website and/or on any linked sites.

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:

  • Acting, or failing to act, on any information contained on or referred to on the website and/or any of the linked websites.
  • Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the website and/or any linked sites.

The Owner does not warrant guarantee or make any representation that:

  • The website, or the server that makes the site available on the internet are free of software viruses.
  • The functions contained in any software contained on the website will operate uninterrupted or are error-free.
  • Errors and defects in the website will be corrected.

Develo is not liable to you for:

  • Errors or omissions in the website, or linked sites on the internet.
  • Delays to, interruptions of or cessation of the services provided in the website, or linked sites
  • Defamatory, offensive or illegal conduct of any User of the website

whether caused through negligence of Develo, its employees or independent contractors, or through any other cause.

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.

3. Limit of Liability

The Owner and its 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:

  • In relation to or in connection with any material and/or information supplied in respect of advertising on this website.
  • As a consequence of removing any material and/or information from this website.

Before relying on any content of this website (and downloads) or links to third party websites, we strongly suggest that you make up your own mind by carefully evaluating the accuracy, currency, completeness and reliability of the information provided and consider whether it is suitable for your individual needs. We strongly suggest seeking independent advice relevant to your personal circumstances.

4. Indemnity

You will at all times indemnify Develo and keep indemnified Develo and its respective officers, employees and agents (‘the indemnified’) from and against any loss, including reasonable legal costs and expenses, or liability incurred by any of those indemnified from any claim, demand, suit, action or proceedings by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publications of or distribution of the material and/or information supplied by you.

5. Third Party Websites

Our website may contain links to other websites (“third party websites”) for your information and convenience only.

You understand and agree that:

  • Third party websites do not form part of our website.
  • Third party websites are not under our control.
  • We are not responsible for the content of any third party website.
  • We do not warrant the accuracy of the content of third party websites.
  • We do accept any liability in relation to third party websites.
  • A link to a third party website is not a recommendation or endorsement by us of that website (or its products or services).
  • If you decide to access linked third party websites, you do so at your own risk.

We give no warranty, guarantee or representation that:

  • Information provided on linked websites is accurate, reliable or timely;
  • The goods or services offered by third party websites are suitable or without fault; and/or
  • Linked websites are free of software viruses and errors.

Before relying on any content of a third party website or linked websites, we strongly suggest you make up your own mind by:

  • Carefully evaluating the accuracy, currency, completeness and relevance of the information for the purpose for which it is to be used.
  • Considering whether the material and information is suitable for you.
  • Exercising your own skill and care with respect to its use.

6. Advertising

Develo may contain advertisements for third parties’ goods and/or services. Third party advertisers are responsible for the accuracy of all representations made in those advertisements.

We do not endorse the products or services listed or advertised on our website.

In particular:

  • We give no warranty, guarantee or representation as to the merchantability or fitness for any particular purpose for any service or product contained or referred to on Develo and/or any linked websites.
  • We have not tested the products or services advertised or listed on this or linked websites, and cannot advise you on the suitability of products and services.

If you choose to purchase or use a product or service advertised by a third party on Develo you do so at your own risk.

7. Removal of Information and Content

We may remove any Content, including but not limited to links to third party websites, at any time without giving any explanation or justification for removing that content.

8. Intellectual Property

All intellectual property rights in relation to Content on Develo belong either to us or our licensors, advertisers or affiliates. By accessing this website or becoming a Subscriber you obtain no interest in that intellectual property.

All content on Develo is protected by Australian and international copyright and other intellectual property laws.

You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

9. Amendments to Terms and Conditions of Use

We reserve the right to change these Terms and Conditions of Use:

  • At our discretion.
  • With or without giving further notice to you.
  • Without giving you any explanation or justification for such change.

Your continued use after any change to these Terms and Conditions of Use indicates your acceptance of any change.

If you do not want to be bound by any change to the website, discontinue use of Develo.

10. Severability

If any part of these Terms and Conditions of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions.

The severed part will not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.

11. Relevant Jurisdiction

These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principal of conflicts of laws.

You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms and Conditions.

Terms and Conditions of Business

Please print a copy of Information that is important to you.

You must not copy or transmit any of the website, except for your personal, non-commercial use on your computer. All copyright, trade mark and other proprietary rights notices included in the website as presented at our website must appear on all copies you print.

Other product, services or company designations on our website belong to the third party websites and may be mentioned in our website for identification purposes only. You should contact the appropriate third party websites for more complete information regarding such designations and their registration status. Your use of and access to our website do not grant you any license or right to use any of the marks included on our website.

1. Our Business

www.develo.com.au (“develo”, or “the website” or “our website”) is owned and operated by Develo Pty Ltd ABN: 39 620 074 311 (“develo business”, “we”, “our” or “us”).

2. Definitions

In these Terms and Conditions of Service:

“Content” means any information displayed and available for viewing or downloading. It includes, but is not limited to, data, text, copy, images, artwork, pictures, logos, sketches, photographs, drawings, advertisements, all multimedia (including video, sounds and animations), tools and services and other material posted or otherwise displayed or provided by this website.

“GST” means the Australian Goods and Services Tax (GST) charged under A New Tax System (Goods and Services Tax) Act 1999.

“Information” means property data, intelligence and knowledge communicated on the website; for example newsletters, blog posts.

“Payment Processor” means the third party payment processing service or gateway service contracted from time to time by Develo.

“Service” means an online tool, search function or application supplying or making particular information available to users of the website.

“Service Purchase” means purchasing a single acquisition of information or content in the form of a collated report for one valid property address, as identified by the Lot and Plan Number of the property from Develo without obtaining an account, for example buying a Property Facts Report.

“Develo” means the website www.develo.com.au

“Property Facts Report” means a collated report of related property data and information for one valid property address, as distinguishable by the Develo logo and trade marks.

“User” means a person who accesses the website www.develo.com.au.

“User Fees” means the sum charged for accessing content and professional services on this website www.develo.com.au on a service purchase basis.

3. Acceptance of Terms

These Terms and Conditions, together with our Terms of Use and Privacy Policy, are a legally binding agreement between Develo and users to view, disseminate and purchase Content and Information conditional on a User’s acceptance, without alteration, of the Terms and Conditions.

Please review each of these documents carefully before using our website and paying user fees.

If you do not agree with any of our Terms and Conditions, do not make a Service Purchase from Develo.

By making a single Service Purchase on this website and continuing to access the Content of this website, a User accepts our Terms and Conditions.

Nothing in any of our Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).

4. Description of Services

Develo offers Users access to and the opportunity to download Information and Content via purchases using our website.

We supply our Users with access to individualised Content and Information to gather data and instantly answer property queries. Our search engine retrieves information and downloads and creates data requests as made by Users.

5. Notice Regarding Content and Information on the Website

All software, text, images and processes and programming used to retrieve and collate the Content and Information on our website, including the way our website functions, our search process and report template are owned by us and protected to the maximum extent permitted by copyright, patent, and trade mark law, except where we have lawfully sourced Content from third parties.

The Content and Information are supplied pursuant to a non-exclusive and non-transferrable license in line with these Terms and Conditions. This license is for a User’s sole use only.

6. Use of Services

A User must not market, develop, sell, modify or distribute any Content it obtains from Develo, in particular:

  • Any copies of Content or Information must be downloaded and reproduced in an unaltered form, including all copyright notices and disclaimers.
  • Content is for a User’s personal use only, and must include proper attribution to Develo.
  • Commercial exploitation of any material is expressly prohibited.
  • Content cannot be modified, altered, re-transmitted, distributed or commercialised without our written permission.

Users, or any person accessing the website on behalf of a User, acknowledge, agree and accept that:

  • A User does not acquire any ownership rights in any Content or Information acquired while accessing Develo.
  • Users use our specialised code, software and search know-how for the sole purpose of accessing our database and obtaining Services, however do not have our authority to copy, publish, redistribute or otherwise make use of any Content or Information obtained from our website.
  • Develo is in no way responsible for the accuracy or completeness of information it obtains from third parties.
  • Information and Content has been gathered from third party websites for your general information purposes only and is provided on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk.
  • Develo is in no way responsible for the accuracy, timeliness or completeness of Information it obtains from third parties.

Users agree not to modify the Content in any way that breaches our intellectual property rights.

7. Third Party Content

In the unlikely event that a third party information provider suspends or terminates the provision of Content to us, for any reason whatsoever, Develo may cancel or temporarily suspend services for a period of time.

Where Content contains links to third party websites, a User understands and agrees that:

  • The tools and services offered by Develo may allow Users to communicate with third party providers and obtain further information.
  • Third party providers do not form part of Develo and we do not own or operate third party platforms.
  • We provide links to third party websites for your information, reference and convenience only and are not responsible for the timeliness, accuracy or completeness of any Content on any third party websites.
  • A link to a third party website is not a recommendation or provision of professional advice.
  • Develo is not responsible for checking the identity, or for the behaviour of, or for establishing the nature, condition or existence of every third party website and as described in the Information. All Information is provided as a guide. Seek professional advice.
  • Links to third party websites do not imply, suggest or constitute any sponsorship, endorsement or approval by us of a third party website.
  • Your decision to access linked third party websites is yours alone and you bear the responsibility for any consequences of your decision.

When a User completes an enquiry contact form on the website, the User acknowledges that unauthorised third parties may misuse the system and unlawfully intercept or read messages. Develo is not liable for any misuse or unlawful interception of messages, downloads and other communications by unauthorised third parties.

8. Registering and Accessing Develo

8.1. Accessing Develo

A User must not complete the registration process to establish an account or access any Services unless they have legal capacity. A User must be over the age of 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

8.2 Registration for a Develo Account

A User wishing to engage Develo must follow the registration process on the website to obtain an account.

When the registration process is successfully completed Develo will issue a confirmation email and the User will receive a unique username and password to allow access.

Users accept and acknowledge that for the purposes of using our Services:

  • They must provide accurate and truthful information concerning their identity.
  • Develo cannot register anyone until we receive cleared payment.
  • They may deactivate or cancel their Develo service at any time.

Users understand and accept that even if their Develo account is deactivated:

  • Account data may be retained by us in accordance with our Privacy Policy.
  • Data relating to transactions performed may have been transmitted to third party websites, including but not limited to Google Analytics, and search engine web crawlers who have viewed and copied data from our website with our permission for the purpose of calculating website ranking and performing other analytical functions and services.

9. Managing Your Develo Access

9.1 Users Responsibilities

Users are responsible for managing their account. Services are not transferable. Users are required to manage their account appropriately and in accordance with these Terms and Conditions.

Users:

  • Are obliged to provide accurate personal information and keep their personal information up-to-date, including their billing information.
  • May have only one username and password, which must not be shared.
  • Must create a password that is unique to this website.
  • Must not transfer a username and password and that a username and password is issued to an individual User only and on the understanding it will confidential and will not be disclosed to third parties.
  • Are obliged to notify us if they believe their account has been accessed without their authority.

DEVELO WILL NEVER ASK YOU TO DISCLOSE YOUR USERNAME AND PASSWORD. If a third party contacts a User requesting this information, the User agrees to immediately notify Develo of this occurrence.

9.2 Users Undertakings

Users agree and understand that:

  • We may monitor a User’s website usage, including concurrent usage of a username and password.
  • We reserve the right to discontinue a User’s access to Develo for making unauthorised use of the website.
  • Unless expressly agreed by us, accounts are strictly for personal or internal business use only.
  • Content obtained and/or downloaded from the website is not for public dissemination.

10. Cancellation or Suspension of Service

A User’s access will be cancelled immediately if we reasonably believe a User has acted in a manner that breached our Terms and Conditions without refund.

Users acknowledge that:

  • Damages may be an insufficient remedy to a breach of our Terms and Conditions, and that any infringement against Develo Business’s intellectual property rights would be considered great.
  • An infringement of our intellectual property rights breach may result in damages, plus also other legal remedies including injunctive relief being sought.

All parties acknowledge that any damages payable are without prejudice to any other injunctive relief or contractual liability that Develo Business may be entitled to in accordance with this agreement as a result of any breach, including but not limited to breach of our intellectual property rights in the Service.

11. Changes to Develo Fees and Service

11.1 Termination or Cancellation

Either Develo or a User can terminate or cancel at any time by providing notice in writing to the other party.

12. User Fees

In order to obtain Services from Develo payment must be made in full.

All users agree to make payment for Services in accordance with the current user fees, which are listed on our website. All user fees displayed on Develo’s website are current and accurate at the time off issue, but are subject to change without notice to you.

All users understand that some information may not be available on their Develo report due to data availability which is only obtainable through a paid search through local council. In the event of this, customers are able to submit a request for Develo to arrange this for an additional fee at cost to the customer.

All our User Fees are in Australian dollars and, unless otherwise stated, inclusive of 10% Goods and Services Tax (GST).

13. Tax Invoices

Tax invoices for purchases of Services will be sent to Users by email.

Develo Business processes payments immediately via our Payment Processor. All Users accept and understand that the payment gateway provided by our Payment Processor is subject to the terms and conditions of the Payment Processor, and we have no control over, nor take any responsibility for its services.

14. Fees

By accepting to engage our Services, Users accept that our Fees and charges are reasonable in all respects.

15. Changes in User Fees and Services

Develo expressly reserves the right to alter or discontinue any part, costs or feature of any service we offer to Users at any time. We reserve the right to introduce new fees and increase our fees or modify our services from time to time. Please check our website for our latest services and fees.

16. Warranty, Liability and Indemnity

Develo reserves the right to transfer these Terms and Conditions, and to assign or subcontract any or all of its right and obligations under these Terms and Conditions, to a third party, but will not do so in such a way as to reduce any guarantees Users are given under these Terms and Conditions.

To the extent permitted by law, we exclude all conditions and warranties that are not expressly set out in these Terms and Conditions and our Terms and Conditions of Use.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to:

  • In the case of services supplied or offered by us, have those services re-supplied or pay the cost of those services.
  • In the case of goods supplied or offered by us, have those goods replaced, repair those goods, or pay the equivalent cost of those goods replaced or repaired.

In no circumstances will we be liable to a User for any indirect, incidental, special and/or consequential losses or damages or loss of profits loss of income, profits, goodwill, data, contracts, use of money, of whatever nature howsoever arising. Excluding liability for negligence, our liability to a User will be limited to the amount(s) paid by a User in respect of Services obtained by a User within the last 12 months.

We warrant that all Content and Information contained in the website is true and correct, to the best of our knowledge.

The User agrees to indemnify Develo Business and, where relevant, any third party, for any direct loss or damage (not including any consequential loss or special or punitive damages):

  • For a breach of terms and conditions of these Terms and Conditions Agreement by the User.
  • For any loss caused by the User failing to follow the express instructions of Develo Business (and this failure has caused an avoidable loss).
  • Where a User has attempted, or has, modified the material or information provided by us.

Users warrant to undertake appropriate care when accessing the website and their account (if relevant), including using up-to-date anti-virus software, malware and completing software updates.

Users will at all times indemnify and keep indemnified Develo website and its respective officers, employees and agents (‘the indemnified’) from and against any loss, including reasonable legal costs and expenses, or liability incurred by any of those indemnified from any claim, demand, suit, action or proceedings by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of our Terms and Conditions by a User; and publications of or distribution of the material and/or information supplied by a User.

17. Reliance on Website Content

Users acknowledge and agree that any Content provided on or by this website is for information purposes only, and a User has made, or will make, his or her own independent inquiries as to the suitability, appropriateness, fitness for purpose or otherwise of the Content for their personal needs.

The Content of this website, and any advertisements and promotions, including but not limited to any newsletters and other communications, are not to be taken as the provision of professional advice.

We make every effort to ensure the images displayed on this website are true and accurate representations. However a User understands and agrees that:

  • Deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
  • We are not responsible for any error in any images displayed on the website.
  • Users are solely responsible for determining the extent to which they rely on the Content and Information provided on this website, and understand they should make up their own mind as to the suitability of any Content and Information for their own purposes.

We may occasionally undertake upgrades and maintenance of the website, including its databases, platforms and systems, which may result in restrictions on the availability of Content and Information for Users. Where possible, we aim to ensure that maintenance work that cause any such restriction are undertaken at a time when most Users are least affected.

18. General

We reserve the right to change these Terms and Conditions and other related details:

  • From time to time.
  • At our discretion.
  • With or without giving further notice to you.
  • Without giving you any explanation or justification for such change.

When we make such changes to our Services a User’s continued use after any change to these Terms and Conditions indicates a User’s acceptance of any change.

These Terms and Conditions, together with Develo’s Terms and Conditions of Use, set out the entire agreement between both parties. These Terms and Conditions supersede all prior agreements and representations. No party can rely on an earlier written document or an act done by either party before this document was executed.

Notices shall be in writing, and may be delivered by courier or registered mail, or by electronic mail (with confirmation). Notice is deemed received on the day it is sent when sent electronically or three days after it is sent when sent by courier or registered mail.

If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions. The severed part will not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.

These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principal of conflicts of laws.