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Terms and Conditions

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1. About these terms

Welcome to HEYE Capital.

These Terms and Conditions govern your use of the website at www.heyecapital.com.au, including its content, enquiry forms and downloadable materials.

In these terms, “HEYE Capital”, “we”, “us” and “our” refer to the business operating this website under the HEYE Capital name. “You” and “your” refer to any person accessing or using the website.

By using this website, you agree to these terms. If you do not agree, please discontinue your use.

Please also read our Privacy Policy, which explains how we handle personal information.

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2. Website information and advice

This website provides general information about HEYE Capital, our commercial property management and asset advisory services, and property-related topics.

The content does not take into account your individual circumstances, financial position, investment objectives or particular property requirements. It does not constitute personalised legal, taxation, accounting, financial product or investment advice.

Before making a property, financial or commercial decision, you should obtain advice appropriate to your circumstances and independently verify relevant information.

Accessing this website, downloading materials or submitting an enquiry does not, by itself, appoint HEYE Capital as your agent or adviser or establish a professional engagement.

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3. Our services and engagement agreements

The services described on this website provide an overview of our capabilities. The scope, fees, responsibilities and conditions of any services we provide will be set out in a separate agreement with you.

If you enter into a management authority, agency agreement, advisory engagement or other service agreement with HEYE Capital, that agreement governs the relevant services. If these website terms conflict with that agreement, the service agreement prevails to the extent of the conflict.

Website descriptions do not constitute a binding offer to provide services or a promise that a particular service is suitable for your circumstances.

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4. Property information and representations

Where this website includes property listings, photographs, plans, rental figures, outgoings, tenancy details, areas or other property information, those materials are provided as a general guide.

Some information may be supplied by property owners, tenants, contractors or other third parties. Measurements and figures may be approximate, and photographs may depict a property at an earlier date.

You should confirm details material to your decision through inspections, enquiries, relevant documentation and independent professional advice. The applicable lease, contract or other executed agreement governs the transaction.

Any examples, forecasts, case studies or references to past performance are illustrative. They do not guarantee future rental income, occupancy, capital growth, cost savings or investment returns.

Nothing in these terms excludes our responsibility for misleading or deceptive conduct or any other responsibility that cannot lawfully be excluded.

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5. Acceptable use

You may use this website for lawful purposes, including learning about our services and making genuine enquiries.

You must not:

  • Submit information that is deliberately false, misleading or impersonates another person.

  • Upload or transmit malicious software, harmful code or unlawful material.

  • Attempt to access restricted areas, systems or information without authorisation.

  • Interfere with the website’s operation, security or availability.

  • Use the website to harass others, infringe intellectual property rights or breach applicable laws.

  • Use automated tools to extract substantial amounts of content without our written permission, except where permitted by law or intended for ordinary search engine indexing.

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6. Intellectual property

Unless otherwise identified, the website’s branding and original materials belong to HEYE Capital or are used with permission.

You may view, print or download reasonable extracts for your own reference or to consider our services. Please retain any ownership notices.

Commercial reuse, publication or adaptation of our materials requires written permission unless applicable law allows it. No permission is granted to use our name or branding in a way that suggests an affiliation or endorsement.

You may link to publicly accessible pages provided the link does not misrepresent your relationship with us.

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7. Enquiries and submitted information

When submitting an enquiry, you should provide accurate information and ensure you are authorised to share any documents or details supplied.

You retain ownership of materials you submit. You permit us to use them to respond to your enquiry, assess your requirements and provide services you request, subject to our Privacy Policy and any applicable confidentiality obligations.

Please contact us to arrange an appropriate transfer method before sending particularly sensitive documents.

We will not publish your confidential information or identify you in marketing materials without your permission, unless disclosure is otherwise required or permitted by law.

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8. Privacy, cookies and website analytics

Our handling of personal information is described in our Privacy Policy.

This website may use cookies and similar technologies to support its operation, remember preferences and understand how visitors use its pages. Depending on the technologies enabled, information collected may include device and browser details, IP addresses and browsing activity.

You can manage cookies through your browser settings and any cookie controls available on the website. Disabling some cookies may affect website functionality.

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9. External websites and platforms

Links to external websites, portals or resources are provided for convenience. Those services operate under their own terms and privacy policies.

A link does not, by itself, indicate our endorsement. We do not control external content or the operation of third-party platforms.

Please assess whether an external service is appropriate before providing information or relying on its content.

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10. Website availability and security

We take reasonable steps to maintain this website, but uninterrupted access cannot be guaranteed. Maintenance, technical faults and circumstances outside our reasonable control may affect availability.

Please use suitable security measures when accessing the website or downloading files. If you become aware of a suspected security issue, contact us using the details published on our Contact page.

We may restrict access where reasonably necessary to address security risks, unlawful activity or misuse.

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11. Consumer rights and liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Subject to those rights, we do not warrant that every item of website content will remain current or that the website will always be available or free from technical errors.

To the extent permitted by law, we exclude liability for indirect or consequential loss arising from your use of this website. This exclusion does not apply to loss caused by our fraud, wilful misconduct or negligence, or to liability that cannot lawfully be excluded.

Liability relating to services we provide is governed by the relevant service agreement and applicable law.

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12. Translations

Where we provide translated website content, it is intended to assist readers in understanding our services.

If a difference in wording creates uncertainty, please contact us for clarification before relying on it. The language and interpretation of any signed service agreement are governed by that agreement and applicable law.

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13. Changes to the website and these terms

We may update this website and these terms to reflect changes in our services, technology or legal requirements.

Revised terms will be published on this page with an updated date and will apply to website use from that date. They will not retrospectively change an existing service agreement.

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14. Governing law

These terms are governed by the laws of Victoria, Australia.

Subject to any mandatory rights you have under applicable law, you and HEYE Capital submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.

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15. General provisions

If a provision of these terms is found to be invalid or unenforceable, it will be severed to the extent necessary, and the remaining provisions will continue to apply.

A delay in exercising a right does not, by itself, waive that right.

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16. Contact us

For questions about these Terms and Conditions, permission to use website materials or concerns about website content, please contact HEYE Capital using the details or enquiry form on our Contact page.

Website: www.heyecapital.com.au

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