In consideration of hockingstuart registering you as a member, you agree to be bound by the following terms and conditions which apply to all members. The completed registration page forms part of these terms and conditions.
1. Definitions
"early alert" means the service by which hockingstuart provides email notification of properties for sale that meet the criteria specified by a member "hockingstuart" means Hocking Stuart Pty Ltd of 187 Moray Street, South Melbourne, VIC 3205.
"member" means a person that has registered to receive early alert notifications via email.
"registration page" means the registration page for membership of early alert on the website or such other registration page completed by you, or on your behalf, at the request of hockingstuart.
"website" the website located at the domain name www.hockingstuart.com.au.
"you" or "your" means the individual who is a member and receives early alert notifications.
2. Membership
(a) Membership of early alert is only open to individuals.
(b) hockingstuart may refuse to process any registration that has not completed the mandatory fields where indicated on the registration page.
(c) Membership is offered at the discretion of hockingstuart. hockingstuart has the right to accept or reject any application for membership at its sole and absolute discretion.
(d) If you register:
(i) on-line via the website, your registration will be successful if a confirmation message appears on your screen informing you that you have been registered;
(ii) via mail, you will receive an email or letter of confirmation from hockingstuart; or
(iii) in person by providing your details to an authorised representative of hockingstuart or a hockingstuart franchisee, you will receive an email or letter of confirmation from hockingstuart.
(e) Once you have successfully registered for membership of early alert, you will be entitled to the benefits of membership, as advised by hockingstuart from time to time.
(f) hockingstuart does not warrant the accuracy of the information shown within early alert notification or on the website. Members should note that information provided may have changed and not been updated for a range or reasons within and outside hockingstuart's control.
3. Privacy and terms of use of the website
(a) The personal information which hockingstuart collects from you is managed and used in accordance with hockingstuart's privacy policy (a copy of which can be found on the website). In addition to sending you early alert notifications, hockingstuart may also use your personal information to send you a range of real estate-related information, news and promotional marketing material (including by way of email or sms).
(b) At any time that you enter the website, you agree to be bound by the terms governing use of the website which are in force at that time. The terms of use are available to be viewed on the website.
4. Cancellation of membership
(a) hockingstuart may cancel your membership of the early alert at any time in its sole and absolute discretion.
(b) you may cancel your membership of the early alert at any time by:
(i) following the relevant unsubscribe instructions contained in any electronic communication which you receive from hockingstuart;
(ii) writing to hockingstuart at 187 Moray Street South Melbourne, Victoria 3205 to the attention of "The early alert administration officer" requesting cancellation of your membership; or
(iii) emailing hockingstuart at marketing@hockingstuart.com.au requesting cancellation of your membership.
hockingstuart may take up to 7 business days to process this request.
5. Amendment of the terms and conditions
(a) hockingstuart may vary, revise, add, amend, modify, or delete any part of these terms and conditions at any time by publishing the variations on the website without prior notice.
(b) You accept that by doing this, hockingstuart has provided you with sufficient notice of the variation. If you do not accept the changes, you should cancel your membership.
(c) Your continued registration as a member of the early alert after the change constitutes acceptance by you of the amendments.
(d) hockingstuart will make reasonable efforts to bring any changes to the attention of members, but it is your responsibility to check this page to familiarise yourself with any updates.
6. Indemnity
(a) To the full extent permitted by law, you indemnify and will keep indemnified hockingstuart and its directors, officers, employees, agents, suppliers and corporate partners from and against all costs, losses, damages or expenses arising out of or connected in any way from your registration as a member of early alert.
(b) To the full extent permitted by law, your sole remedy for any claim against hockingstuart in connection with your membership of early alert is to cancel your membership.
(c) To the full extent permitted by law, all warranties, conditions and representations about early alert or the products and services advertised, offered to be provided or provided to members, are excluded. If a term is implied by law into these terms and conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it shall be included in these terms and conditions. However, liability for a breach of such term will be limited, at hockingstuart's sole option (where the breach is not a major failure), to the following:
(i) in relation to goods:
A. the replacement of the goods or the supply of equivalent goods;
B. the repair of such goods;
C. the payment of the cost of replacing the goods or acquiring equivalent goods; or
D. payment of the cost of having the goods repaired;
(ii) in relation to services:
A. the supply of the services again; or
B. the payment of the cost of having the services supplied again.
7. Technological Issues
(a) hockingstuart is not responsible for any infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of hockingstuart, including that cause the delayed or non-delivery of emails to and from hockingstuart. hockingstuart reserves the right to disqualify any individual who tampers with the registration process and to cancel his or her membership of the early alert.
(b) early alert notifications may, from time to time, contain links to the websites of other organisations which may be of interest to you. Linked websites are responsible for their own privacy practices and terms and conditions and you should check those websites for their respective privacy statements and terms and conditions. hockingstuart is not responsible for the conduct of companies linked to early alert notifications.
8. Reliance on information
(a) early alert notifications will be prepared in good faith and with all reasonable care. The content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which hockingstuart apologises. All information is provided on an 'as is' basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.
(b) members using the information in an early alert notification do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made by hockingstuart. hockingstuart strongly advises you to seek independent professional advice before acting on any information in an early alert notification.
(c) the information in early alert notifications is published for information only, without assuming a duty of care. Unless expressly stated otherwise, general information about hockingstuart's products and services:
(i) does not constitute an offer or inducement to enter into a legally binding contract; and
(ii) does not form part of the terms and conditions for products and services.
9. General
(a) These terms and conditions are governed by the laws of Victoria. Each party submits to the non exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these terms and conditions.
(b) No failure to exercise or delay in exercising any right, power or remedy by hockingstuart under these terms and conditions operates as a waiver of that right, power or remedy by hockingstuart.
(c) Any provision of these terms and conditions that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions or affect the validity or enforceability of that provision in any other jurisdiction.
(d) These terms and conditions constitute the entire agreement between hockingstuart and you as to the subject matter.
If you have any queries regarding your early alert membership, please email marketing@hockingstuart.com.au.
