This web site and its contents ('Web Site') are owned and operated by Cudos Investments Pty Ltd (ABN 70 102 924 765) ('Cudos'). The use of this Web Site is governed by the following terms and conditions, as amended from time to time (the 'Terms and Conditions'). These Terms and Conditions apply in favour of, and are enforceable by Cudos.
By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions you should immediately cease using the Web Site. The Web Site may be updated from time to time, including these Terms and Conditions. By continuing to use this Web Site after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.
General information only - non-advisory
The material on the Web Site is presented as general information only. It is not intended as legal, financial or real estate advice and must not be relied on as such. You should make your own inquiries and obtain independent professional advice tailored to your specific circumstances before making any legal, financial or real estate decisions.
Intellectual property and restrictions on use of content
Unless otherwise indicated, the copyright in the Web Site is owned by Cudos. The Web Site may include trademarks that are registered or being registered by Cudos. Except for the direct purpose of viewing, printing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without written consent from Cudos.
Links to Third Party Sites
Cudos assumes no responsibility for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Cudos excludes all liability for any loss, damage, claim, expense, cost (including legal costs) or liability whatsoever arising from or referable to the condition or content of third party web sites that may be linked to or accessed from the Web Site. Personal information
Cudos may collect, use and disclose personal information about you obtained by Cudos from your use of the Web Site. Cudos' management of this information is governed by the Privacy Statement. Disclaimer and Limitation of Liability
The Web Site and its entire contents are provided on an "as is" basis. Cudos does not warrant the completeness, accuracy, reliability or availability of the Web Site or its contents. All information is subject to change without notice. Subject to any responsibilities implied by law and that cannot be excluded, Cudos excludes all liability for any loss, damage, claim, expense, cost (including legal costs) or liability whatsoever arising from or referable to the Web Site whether in contract, tort including negligence, statute or otherwise.
Any term, condition, representation or warranty implied into these Terms and Conditions by law or otherwise, and which cannot be excluded, is included in these Terms and Conditions. Liability of Cudos for a breach of a condition or warranty implied into these Terms and Conditions by law or otherwise, and which cannot be excluded, is limited to the extent possible, at that member's option, to the supplying of the relevant goods or services again or the payment of the cost of having the goods or services supplied again.
Changes and Termination
Cudos reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice or liability to you. Your ability to access the Web Site or to participate in any features of the Web Site may be terminated at any time without notice, and without any liability to you. Any limitations on Cudos' liability will survive such termination.
A right relating to these Terms and Conditions may only be waived by Çudos in writing. These Terms and Conditions are governed by and construed in accordance with the laws of the Australian Capital Territory (A.C.T), Australia. By using the Web Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the A.C.T. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. Cudos' failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Cudos in writing.
- how Cudos Investments Pty Ltd collects your personal information;
- what type of personal information Cudos Investments Pty Ltd collects;
- the purposes for which Cudos Investments Pty Ltd uses that information;
- how Cudos Investments Pty Ltd maintains and keeps the information secure; and
- how you may access, correct or update any personal information that Cudos Investments Pty Ltd holds about you. How does Cudos Investments Pty Ltd collect personal information about me? In addition to information submitted through this website or any other of Cudos’ websites or provided directly to Cudos as a prospective seller or purchaser of a property, Cudos may collect information about you from the following sources:
- various databases in the public domain such as Telstra White Pages, Australia Post DPID database, Titles Office or other property databases; and
- referrals and recommendations from existing clients of Cudos.
As part of its due diligence process prior to entering into lease or rental agreements with you, Cudos may disclose your information to authorised credit-checking agencies.
What type of personal information does Cudos Investments Pty Ltd collect about me?
Cudos may collect any of the following information about you if you are a prospective vendor, purchaser or landlord of real estate:
- contact details (including, address, telephone number and email address);
- current property ownership details;
- desired property ownership details; and
- details of properties sold or acquired by you.
If you are a prospective tenant for a rental property, Cudos may collect the following additional information from you:
- employment details such as your employment status, employer, salary, length of employment;
- other sources of income; and
- personal and financial referees whom we may contact about your application.
Sometimes Cudos may also need to ask you for other personal information to enable Cudos to provide its services to you.
Why does Cudos Investments Pty Ltd collect this information?
Cudos collects this information to:
- enable Cudos to provide you with the services and/or products you may require;
- to comply with local, state, territory or federal legislation or regulations with respect to real estate property sales, rental and administration;
- to enable subsidiaries and third party partner businesses to assist you with related or ancillary services, as required; and
- for our internal administrative, marketing, planning, product development and research requirements.
How does Cudos Investments Pty Ltd use the personal information held about me?
Any personal information about you that Cudos collects and records will only be used or disclosed by Cudos for the purpose of:
- compliance with obligations under real-estate regulations and laws applicable for the Australian Capital territory;
- helping Cudos efficiently and effectively deliver and improve on products and services;
- any other purpose if you would reasonably expect Cudos to use or disclose that personal information for that other purpose and that other purpose is related to the purpose for which the information is collected;
- offering to provide you with products or services provided by Cudos and third party business partners; or
- sending you news and other information about Cudos’ activities and general promotional material which Cudos believes may be of interest to you. However, when Cudos does this, Cudos will provide you with an express opportunity to decline receiving any further communication from Cudos of this type via an opt-out mechanism.
Cudos may also use or disclose the information it collects for any other purpose specified to you at the time of collection. If Cudos wishes to use or disclose any of your personal information in any other ways than described above, Cudos will not do so unless it:
- has your express consent to do so;
- has reasonable grounds to believe that the use or disclosure is necessary to prevent a threat to life or health; or
- has reasonable grounds to believe that the use or disclosure is required by law or to enforce the law.
Can I be anonymous when I deal with Cudos Investments Pty Ltd?
To some extent you can preserve your anonymity when you deal with Cudos. You can browse our website without providing any personal information, you can access our real-estate advertising in various publications and you can generally attend auctions without providing personal details if you do not intend to bid. However, when you enter into transactions with Cudos that involve the sale, purchase or rental of real estate property, then various Acts, statutory legislation and regulations require you to provide Cudos with personal information so as to identify you.
What happens if I want to access or correct the personal information held about me?
You may access your personal information held by Cudos, subject to some exceptions. We will respond to your request for access within 14 days and endeavour to provide the requested information within 30 days. If you believe that personal information Cudos holds about you is incorrect, incomplete or inaccurate, then you may request amendment of it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. Cudos may charge you a reasonable fee to recover its costs for providing access based on the quantity of material and time involved in providing access.
Cudos may not be able to provide access to information in some situations, including:
- where in Cudos’ opinion providing you access may create a serious threat to the life or health of any individual or may be an unreasonable intrusion into the privacy of another individual;
- where your request for access is in Cudos’ opinion frivolous or vexatious; or
- where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of law, or denying access is specifically authorised by law.
If for any reason Cudos does not allow you to access your personal information, Cudos will provide you with reasons in writing for its decision.
Does Cudos Investments Pty Ltd provide my personal information to third parties?
There are some instances when we need to provide your personal information to third parties. We may be bound by law to provide your details to government-related bodies, including the Land Titles Office or the Office of Rental Bonds.
Sometimes we may need to outsource some of our administrative and other property-related functions to external organisations such as advertising agencies, signwriters, building and garden maintenance contractors or consultants such as accountants, lawyers, surveyors and other advisors. Most of the above organisations are bound by express or implied confidentiality obligations to Cudos.
We may also need to provide your details to third party business partners for the purpose of offering to provide you with products or services provided by Cudos or these business partners that Cudos considers relevant to you.
Cudos does not sell your personal details to other organisations. We may however use the information about you to assist us with internal marketing and research.
How does Cudos Investments Pty Ltd keep my personal information secure?
Cudos will take reasonable steps to ensure information Cudos collects, uses or discloses is stored in a secure environment that is accessed only by persons authorised by Cudos so as to prevent misuse, loss, unauthorised access, modification or disclosure.
If the personal information is no longer needed for any purpose, Cudos will take reasonable steps to destroy or permanently de-identify the personal information.
Cudos endeavours to provide a secure environment and a reliable system but you should be aware that there are inherent risks associated with the electronic storage and transmission of information (particularly via the Internet) which cannot be guaranteed to be 100% secure.
Who do I contact for further information?
Our Privacy Officer can assist you with any enquiries you have about the information that we hold about you. The Privacy Officer can be contacted on (02) 6162 1331 from 8.30am to 5.30pm (Canberra time), Monday to Friday (excluding Public Holidays).
You can also write to the Privacy Officer at:
Cudos Investments Pty Ltd GPO Box 654 CANBERRA CITY ACT 2601 Fax: (02) 6162 2010 e-mail: firstname.lastname@example.org
What if I have a complaint or concern?
If you have a complaint or concern you can phone our Privacy Officer on (02) 6162 1331 or write to the Privacy Officer at the address above. We will do our best to try and resolve your complaint within 90 days. What if you are unable to resolve my complaint or concern?
If we are unable to resolve your complaint within this time, or you are unhappy with the outcome, you may refer your complaint to the Privacy Commissioner in your State or Territory capital. The Privacy Commissioner can be contacted by telephone from anywhere in Australia for the cost of a local call on 1300 363 992, or you can write to the Privacy Commissioner at the following address:
The Office of the Federal Privacy Commissioner GPO Box 5218 Sydney NSW 1042 Fax: (02) 9284 9666 e-mail: email@example.com TTY: 1 800 620 241 (Teletype access for the hearing impaired)
How does this policy change over time?
This policy represents our policy as at 1 December 2012. We may change this policy from time to time. Although we intend to observe this policy at all times, it is not legally binding on Cudos in any way. From time to time we may regard it as necessary or desirable to act outside the policy. Cudos may do so, subject only to any other applicable contractual rights you have and any statutory rights you have under the Privacy Act or other applicable legislation.