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Harveys Real Estate Papakura
call us on 09 298 4000
Licensed Agent REAA 2008

Terms and Conditions & Privacy Policy

Website - Terms of Use

1.         Acknowledgement and Acceptance

1.1      By using the L J Hooker Corporation Ltd (LJ Hooker) and Southern Suburbs Realty Ltd (MyHarveys)  websites (Websites) you acknowledge that you have read, understood and accept the legal provisions in these Terms & Conditions (Terms).

Websites mean any website owned and/or operated by L J Hooker (and or Southern Suburbs Realty Ltd) and any social media sites or blogs including but not limited to those on Twitter, Facebook, You-Tube, Myspace, Slideshare, Flickr or LinkedIn.

1.2      The information contained on the Websites is subject to change without notice.  If you are a regular L J Hooker  or MyHarveys visitor and/or member please check these Terms regularly.

 2.         Using the Websites

 You are responsible and legally liable for your activity, use of and conduct on the Websites.

 3.         Your obligations when using the LJ Websites and Harveys Websites

 3.1      Trade Marks and Copyright

(a)       “LJ Hooker” is the trading name for LJ Hooker and HarveysCorporation Limited, “Harveys” is the trading name for Southern Suburbs Realty Ltd. All references to LJ Hooker and Harveysor Harveys include a reference to all of its related entities, authorised licensees and agents.

LJ Hooker and HarveysTrade Marks” means all trademarks (whether or not they are registered) and trading names belonging to LJ Hooker. “MyHarveys or Harveys TradeMarks” means all trademarks (whether or not they are registered)  and trading names belonging to Harveys.

(b)       Under Australian, New Zealand and International law, the material on our Websites, including all pages, graphics and services, is subject to copyright. You must not:

(i)        unlawfully use any of our or our suppliers copyright material;

(ii)       pass off content from our site as your own - this includes the practice of 'framing' our site within another site as well as copying and re-using parts of the site; or

(iii)      use, modify, publish, license, create derivative works from, transfer, or sell any copyright material, LJ Hooker and HarveysTrade Marks, MyHarveys, information, materials, software, products or services obtained from the Websites without our prior written consent.

(c)       You may access, use, download and print information and materials displayed on the Websites for your personal and non-commercial use only (including for the purposes of property investment or purchase or lease of commercial property through LJ Hooker and Harveysand Harveys).

3.2      Unacceptable content

(a)       To ensure that using the Websites is a pleasant experience for everyone, you are prohibited from posting any material that, or using the Websites in any way that:

 (i)        violates any laws;

(ii)       is threatening, abusive, defamatory, obscene or indecent;

(iii)      is  false or misleading;

(iv)       infringes any third-party rights including copyright, trademarks or other intellectual property rights;

(v)        distributes chain letters or pyramid schemes or spam users of the Websites;

(vi)       distributes viruses or any other technologies that may harm the Websites, the interests or property of LJ Hooker and HarveysHarveys, or other users;

(vii)      imposes an unreasonable load on our infrastructure or interferes with the proper working of the Websites;

(viii)     copies, modifies, or distributes any other person's content without their consent;

(ix)       uses any robot, spider, scraper or other automated means to access the Websites and collect content for any purpose without our express written permission;

(x)        harvests or otherwise collects information about others, including email addresses, without their consent;

(xi)       bypasses measures used to prevent or restrict access to the Websites;

(xii)      impersonates any person or entity;

(xiii)     in any way makes available using the Websites any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.

3.3      Objecting to content

You are solely responsible for any content that you create, transmit or display on our Websites and for the consequences of your actions (including any loss or damage that LJ Hooker, Harveys or any third party could suffer) by doing so.

LJ Hooker and Harveysand Harveys has the right to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Websites at its sole discretion.  If you find any content that is objectionable please contact the LJ Hooker and HarveysPrivacy Officer, whose details are listed at Section 11.

3.4      Changes to Content

LJ Hooker and Harveys and its suppliers may make improvements or changes in the information, services, products, and other materials displayed on the Websites, or terminate the Websites, at any time without notice. LJ Hooker and Harveys may modify the Websites Terms at any time, and such modifications will take effect immediately upon posting of the modified Terms on the Websites. Accordingly, you agree to read the Terms on a regular basis, and your continued access or use of the Websites will be deemed to be your acceptance of the modified Terms.

3.5      User generated content

If you upload content, you:

(a)  (attribution of copyright owner) must include the author and source of the content and ensure you have obtained the necessary rights to use the material in the way in which it is being used;

(b)  (indemnification) agree to indemnify us against all liability claims or proceedings whatsoever arising from your publishing the content by uploading it onto the Websites in relation to defamation, breach of copyright, trade mark infringement, unfair competition, trade practices, royalties, violation of rights or privacy;

(c)  (warranties) warrant that the content is legally compliant and that its publication does not give rise to any rights against or liabilities against LJ Hooker, including anything that is capable of a breach of the Australian Competition and Consumer Law Act 2010 or relevant legislation.

If you post materials to or links from the Websites that infringes any third party rights, you indemnify LJ Hooker and Harveys against any loss, liability, damage, cost (including LJ Hooker’s or Harveys reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.

3.6      Copyright Assignment

You agree to assign copyright in all original content that you post on the Websites to LJ Hooker and Harveys upon publication.  Further, you agree to formally record such assignments and that you appoint LJ Hooker and Harveys as your proxy as may be required for the sole purpose of completing such an assignment. LJ Hooker and Harveys retains copyright on all content, design and artwork produced for the Websites.

3.7      Consent

If you upload photographs, audio or video recordings of yourself, you consent to give LJ Hooker and Harveys the right to use these photographs and recordings in the production of the Websites.  You further give LJ Hooker and Harveys the right to use or reproduce this content, including your likeness, in whole or in part for publicity or broadcast purposes as we reasonably see fit (although we will endeavour to contact you in order to notify you of such use where reasonably practicable for us to do so).

 3.8      Linking policy

You are welcome to put links on your site pointing to our Websites but only if all links abide by these Terms.  Further, that you agree to immediately remove any links from your websites as directed if LJ Hooker and Harveys deems the links to be misrepresentative of its brand, image and reputation in any way.

 3.9      Comments Policy

At LJ Hooker and Harveys we want as many of you as possible to engage in vibrant and lively discussions on our Websites. However, there are limits to acceptable communication and we require that discussions and/or comments posted by users on the Websites are constructive, civilized and relevant.

LJ Hooker and Harveys reserves the right to immediately remove any content that does not fall within these guidelines and, in extreme cases, LJ Hooker and Harveys can suspend or terminate your membership to the Websites.

 4.         Copyright and Trade Marks Policy

4.1      LJ Hooker and Harveys will action notices alleging any infringement or breach of someone’s intellectual property or personal rights within 7 business days of being notified, including but not limited to:

(a)       alleged copyright infringement that comply with applicable international intellectual property law (including Take Down Notices under the Digital Millennium Copyright Act); and

2             trademark complaints.

4.2      LJ Hooker and Harveys will action notices alleging defamatory posts or links about you within 1 business day of being notified.

4.3      LJ Hooker and Harveys reserves the right to remove users and/or subscribers for copyright and trade mark infringement and will use reasonable endeavours to remove any such content (or suspend it pending the dispute outcome).

4.4      LJ Hooker and Harveys is not in any way responsible or liable for any user generated content published on its Websites so long as LJ Hooker and Harveys removes within the time specified.

4.5      If you suspect that your copyright or trademarks have been infringed please email LJ Hooker and Harveys using the details at Section 11.

If you suspect that your copyright or trademarks have been infringed please email the LJ Hooker and Harveys Privacy Officer using the details at Section 11.

 5.         Privacy

We collect personal information about you when you visit our Websites whether you are registering; signing up for features and functions; participating in surveys, trade promotions and competitions; ordering or purchasing products or contributing to one of our forums.  We can use the information that you provide for a number of purposes as referred to in our Privacy Policy – http://about.ljhooker.com.au/privacy-policy

 6.         Disclaimers

 6.1      General

(a)       LJ Hooker and Harveys is not liable to you or any third party for any loss in connection with the use of the Websites or any other linked website (which may belong to any of our authorised agents or approved partners).  This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

(b)       All information (including but not limited to the property area, floor size, price, address and general property description) on the Websites is provided as a convenience to you, and has been provided to LJ Hooker and Harveys by third parties. LJ Hooker and Harveys has no belief one way or the other as to whether the information contained on the Websites is correct, neither LJ Hooker and Harveys nor its licensors or suppliers (nor their respective directors, affiliates or employees) have checked the accuracy of the information and do no more than pass it on.

(c)       You acknowledge and agree that by using the Websites you are using them at your own risk.

(d)       LJ Hooker and Harveys does not represent or warrant:

1             that your use of the Websites will meet your requirements;

2             that your use will be uninterrupted, timely, secure or free from error;

3             the accuracy of any information obtained by you as a result of your use of the Websites; and

4             that defects in the operation or functionality of any part of the Websites will be corrected.

(e)       Any material downloaded or otherwise, or services obtained through the use of our Websites is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.

(f)        LJ Hooker and Harveys excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.

(g)       LJ Hooker and Harveys does not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information, contained on the Websites.

7.      Third party websites

Our Websites may link to third party websites which are not owned or operated by LJ Hooker.  We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We do not endorse these sites. We recommend that you investigate these sites’ terms and conditions. Furthermore, because LJ Hooker's privacy policy is applicable only when you are on the Websites, once linked to another website, you should carefully read that website's privacy policy before disclosing any personal information. In certain circumstances LJ Hooker and Harveys may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website. LJ Hooker and Harveys is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.

8.      Calculators

The results from calculators supplied on the Websites should be used as an indication only. Results do not represent either quotes or pre-qualifications for a product or service. It is advised that you consult your legal adviser or financial adviser before proceeding with any transaction.

9.      Choice of Law/Forum

These Terms are governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflicts of law. LJ Hooker's failure to insist upon strict enforcement of any provision of these Terms will not constitute a waiver of any provision or right. Any legal action or proceeding between LJ Hooker and Harveys and you related to these Terms will be brought exclusively in a court of competent jurisdiction in Australia.

10.   Complaints Handling

(a)       Lodgement of Complaints

LJ Hooker's Privacy Officer will provide reasonable information and assistance to ensure that Complaints are lodged effectively.

Complaints may be lodged by emailing or posting a letter of complaint to the LJ Hooker and Harveys Privacy Officer using the details at Section 11.

Complaints will be acknowledged and Website users will be advised of the progress of their Complaint.

LJ Hooker and Harveys has established, and will continue to develop, quality processes for the effective acknowledgement and processing of complaints.

(b)       Response to Complaints

Complaints will be processed in a timely and efficient manner. LJ Hooker and Harveys is committed to continuous improvement and training to ensure that complaints are resolved promptly and courteously.

Managing our customer's expectations realistically is LJ Hooker's goal. This involves the careful analysis of each complaint and a resolution offered as soon as practicable.

(c)       Review of Complaint Handling Process           

LJ Hooker's complaint handling procedures and systems ensure effectiveness and we conduct internal reviews to highlight any need for improvement.

(d)       Records/ Systems

Complaints will be recorded and analyzed to ensure that our complaint management processes comply with this policy.

Systemic trends and recurring problems will be identified and feedback provided to the relevant departments to improve processes and your customer experience.

(e)       Escalation of Complaints

LJ Hooker's goal in the area of complaints handling is to finalise complaints as soon as possible.  Where necessary, you will be kept informed of the progress of your complaint.

Where LJ Hooker and Harveys has exhausted the channels available to it under these Terms and the relevant Policies to address your complaint, you can escalate your complaint to the Fair Trading Office in your State, or the ACCC.

11.   Contacting our Privacy Officer

Matthew Montano |LJ Hooker and Harveys Corporation Limited | 191 Botany Road, Alexandria NSW 2015.

TEL: +61 2 8303 7000 | FAX:+61 2 9319 5079 | EMAIL: privacy@ljh.com.au

Privacy Policy

Harvey’s acknowledges and respects the privacy of individuals.  This policy sets out the way in which we will use, manage and protect your personal information in accordance with the Privacy Act 1993.
 
Unless stated by you to the contrary, you acknowledge and consent to the use or disclosure of your personal information including your name, address, email address and other information you provide to us, in circumstances that are:
•    Set out in the Privacy Policy; or
•    Permitted under the Privacy Act 1993
 
COLLECTION OF INFORMATION
 
We may collect personal information from you including your name, address, telephone number and email address, when you knowingly provide us with information such as when you visit our Website and register your needs, attend at or enquire about properties we have for sale or for lease, enter into a competition or promotion, transact through our franchisees, participate in a survey including ‘after sales service’ follow-up, or apply to become a franchise operator.
 
USE OF YOUR INFORMATION
 
Personal information that you submit to us may be used by us for reasonable business purposes, in that we may store (database) and process that information to better understand your needs and how we can improve our services.  Your personal information may also be used for the following purposes:

  • Harvey’s Personnel to make contact for the purpose of providing services
  • Franchisee purposes including assessment of franchise applications and  management of the franchise
  • Trade promotion purposes
  • Purposes related to promotion, marketing and operations
  • Statistical purposes

For any of the above purposes we may contact you by electronic or other means.

Harvey’s Personnel means those persons employed or engaged by Harvey’s or its Franchisees or Licencees to provide the required services.


 
DISCLOSURE TO THIRD PARTIES
 
Personal information that you submit to us will only be disclosed to a third party, if we are required or authorised by law to disclose the information. Otherwise we will not disclose your personal information to any third parties.
 

ACCESS, ACCURACY AND SECURITY
 
We will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date.  You can access and request correction of any personal information concerning you at any time. You may also request that we delete your personal information at any time. Any such requests should be made directly by contacting us at the details set out below.
 
We will take reasonable steps to protect personal information from misuse, loss and unauthorised access, modification or disclosure.
 

OVERSEAS DISCLOSURE
 
Harvey’s conducts its business overseas and has overseas offices.  In making disclosure of personal information to third parties outside Australia, Harvey’s will at all times comply with the Privacy Act 1988 and the National Privacy Principles and Harvey’s will ensure that:

  • the third party is subject to a scheme, law or contract that upholds principles of fair dealing of the information; or
  • you consent to the disclosure of your personal information or disclosure is requried by a contract in which you are involved; or
  • the disclosure is for your benefit and we believe that you would have consented to the disclosure, but it is impractical to get your permission; or
  • the information that is being disclosed will be held and used in accordance with the National Privacy Principles.

 
SENSITIVE INFORMATION
 
We will not collect use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Privacy Act 1993.
 

PRIVACY AND OUR WEBSITE
 
Clickstream Data
 
Each time you visit the Website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the Website you have come from and move to after your visit; the date and time of your visit; and your server's IP address.
 
We may collect this information for statistical purposes to find out how the Website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve the Website’s performance.
 
Cookies
 
A Cookie is a piece of information that our web server may send to your machine when you visit the Website. The Cookie is stored on your machine, but does not identify you or give us any information about your computer.
 
A Cookie helps us to recognise you when you re-visit the Website and to co-ordinate your access to different pages on the Website. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your Browser instructions or help screen to learn more.

MORE ON PRIVACY
 
You can obtain further information about privacy in Australia and the protection of your personal information on the Australian federal Privacy Commissioner’s website www.privacy.gov.au
 

CONTACT US
 
Privacy Officer
 
Harvey’s has appointed a privacy officer to be the first point of contact for all privacy related matters and to assist in ensuring Harvey’s compliance with privacy obligations.
 
Please contact us if you wish to discuss any privacy issues, or if you do not wish to receive any future communications from us at the details below:

ADDRESS:   
Darren Brady
Harvey’s – Trading as Southern Suburbs Realty Ltd – Licensed Agent REAA 2008
319-323 Great South Road, Papakura, Auckland, 2113
 
TEL:  +64 9 298 4000
FAX:+64 9 298 9900
EMAIL: myharveys@myharveys.co.nz


http://www.reaa.govt.nz/Pages/default.aspx

 

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Harveys Real Estate Papakura call us 09 298 4000 or email myharveys@myharveys.co.nz 319-323 Great South Road Papakura | Auckland

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