Henley Philanthropy

Terms & Conditions
18 July 2007

These Terms and Conditions of Use set forth the terms and conditions for your use of the website www.henley.com.au (“Website”). The Website is created, operated and maintained by or on behalf of Henley Arch Pty Ltd (hereinafter, “Henley”, “We”, “Our” or “Us”).
We reserve the right to amend the Terms and Conditions of Use at Our discretion and to modify or discontinue the provision of this Website at any time. By continuing to use this Website after We notify you of any amendments to the Terms and Conditions of Use, you indicate your acceptance of the amendments.
This Website is designed to provide you with information about Our homes or house and land packages and Our charitable and philanthropic activities. Such information is of a general nature and you acknowledge that We are not responsible for any loss or damage sustained or incurred by you in reliance upon this information.
You are responsible for obtaining access to this Website, including payment of all costs and fees and the supply of all necessary equipment, and that access may involve third party fees (such as Internet service provider fees). You acknowledge that you are responsible for paying all these fees.
To the extent you provide information to Henley which may be “personal information” under the Privacy Act 1988 (Cth), or any other equivalent legislation, Our collection, use and disclosure is subject to Our Privacy Policy. For further information, please see Our full privacy policy at www.henley.com.au
You agree to comply with all applicable privacy laws that apply to your use of the Website. You further agree to do anything reasonably requested by Henley for the purpose of Our compliance with Our obligations under any applicable privacy law.
For the purposes of the Terms and Conditions of Use, “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial commercial, scientific, literary or artistic fields.
The Intellectual Property Rights in the Website, including but not limited to software, content, text, photographs, images, graphics, video, audio, multimedia items and the compilation as a whole (“Content”) vest in Henley, unless otherwise noted. You must abide by all copyright notices or restrictions contained on the Website or elsewhere. You may not delete any author attributions, legal or proprietary notices on the Website or elsewhere.
You agree that Henley will own all Intellectual Property Rights in any suggestions, ideas, enhancement requests, feedback, recommendation or other information relating to the Website that you provide to Henley. You warrant to Henley that Henley’s use of any materials you submit to Henley will not infringe the Intellectual Property Rights or moral rights of any party and is not obscene or defamatory of any party.
Subject to clause 11, Henley grants to you a revocable, non-exclusive, royalty-free, transferable licence of all Intellectual Property Rights in the Website for the purpose of accessing and browsing the Website.
You agree that you will not reproduce, duplicate, copy, sell, trade, re-sell, adapt, communicate, public or otherwise exploit for any commercial purpose, any part of the Website, or the Website, including the Content.
All trade marks, service marks and logos on the Website are, unless otherwise noted, wholly owned or validly licensed by Henley. Trade marks, service marks and logos owned by third parties remain the property of such third parties.
Henley reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Henley is not liable to you or to any third party for any such modification, suspension or discontinuance of the Website.
You acknowledge that the Website is made available to you on an “as is” basis and that Henley makes no representation or warranty as to the reliability, suitability, or availability of the Website.
You acknowledge that Henley does not represent or warrant to you that:
1. the Website will be secure, uninterrupted or error-free;
2. the Website will meet your requirements or expectations;
3. errors or defects with the Website will be able to be corrected;
4. the Website will be free of viruses or any other harmful or destructive code;
5. that the Website will operate with any other hardware, software, system or data; or
6. that any third party will be able to access or use the Website.
Any material downloaded or otherwise obtained through your use of the Website is done at your own discretion and risk and you will be solely responsible for any loss of data that results from the download of any such material, or the damage to your computer system, and any consequential loss or damage suffered or sustained by you.
You agree not to interfere or take any action that results, or may result in any interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorised access to other computer systems or networks connected to the Website. You may not post, transmit or distribute to or from the Website any material that is defamatory, obscene, threatening, harassing, inciteful, abusive, or in violation of any applicable law.
The Website may contain hyperlinks to websites owned, operated and/or maintained by third parties independent of Henley. You acknowledge and agree that:
1. We have no control over such third party websites (including their content) and that We make no representation as to such websites’ availability or suitability;
2. merely providing hyperlinks to such websites does not imply, and should not be construed as implying, that We endorse, support, sponsor or associate with any third party;
3. We are not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites; and
4. Henley is not responsible or liable for any direct or indirect loss or damage suffered or sustained by you in connection to or arising out of your access to and use of any third party website linked from the Website.
Subject to clause 20, you acknowledge and agree that, to the fullest extent permitted by law, Henley disclaims all conditions and warranties, express or implied, in respect of the provision of the Website to you and your access to and use of the Website, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.
Where any condition or warranty is implied into the Terms and Conditions of Use, and legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or liability under such a condition or warranty, the condition or warranty will be deemed to be included in the Terms and Conditions of Use, provided that the liability of Henley for any breach of such condition or warranty be limited, at the option of Henley, to:
1. the supply of the service again;
2. the payment of the cost of having the service supplied again; or
3. where the legislation does not permit Henley’s liability to be limited to the supply of the service again or payment of the cost of having the service supplied again - the maximum extent permitted by law.
You acknowledge and agree that, to the fullest extent permitted by law, Henley is under no liability to you or any third party in respect of any direct, indirect, punitive, special, incidental, consequential, exemplary or other loss or damage of any type (including, without limitation, loss of data, revenue or profit, or business interruption), which may be suffered or incurred or which may arise directly or indirectly in respect of the Website including, without limitation, the use or inability to use the Website.
You will at all times indemnify and hold Henley and its officers, employees and agents (“those indemnified”) harmless from and against all damages, costs, expenses, loss or damage which those indemnified may incur or sustain and all actions, proceedings, claims and demands whatsoever which may be brought or made against those indemnified by any person in respect of, by reason of or arising out of:
1. a breach by you or your obligations under the Terms and Conditions of Use;
2. any wilful, unlawful or negligent act or omission in connection with the Website by you; or
3. any use of the Website.
The Terms and Conditions of Use constitutes the entire agreement between Henley and you regarding the subject matter of the Terms and Conditions of Use and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
If any provision of the Terms and Conditions of Use is held invalid, unenforceable or illegal for any reason, the Terms and Conditions of Use will remain otherwise in full force and effect apart from such provision which shall be deemed severed.
The Terms and Conditions of Use is governed by and construed in accordance with the laws of the State of Victoria, and the parties submit to the exclusive jurisdiction of the Courts of the State of Victoria. The Terms and Conditions of Use is deemed to have been made and entered into at Melbourne in the State of Victoria.
No right under the Terms and Conditions of Use will be deemed to be waived except by notice in writing signed by each party. A waiver by Henley will not prejudice its rights in respect of any subsequent breach of the Terms and Conditions of Use by you. Subject to the remainder of this clause 26, any failure by Henley to enforce any clause of the Terms and Conditions of Use, or any forbearance, delay, or indulgence granted by Henley to you, will not be construed as a waiver of Henley’s rights under the Terms and Conditions of Use.
In the Terms and Conditions of Use, unless the contrary intention appears:
1. the singular includes the plural and vice versa;
2. words importing one gender include other genders;
3. a reference to a document or instrument, including the Terms and Conditions of Use, includes that document or instrument as novated, altered or replaced from time to time;
4. a reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa;
5. a reference to a party includes that party’s executors, administrators, successors, substitutes and permitted assigns;
6. other grammatical forms of defined words or expressions have corresponding means;
7. a covenant, undertaking, representation, warranty, indemnity or agreement made or given by:
  1. two or more parties; or
  2. a party comprised of two or more persons,
  is made or given by and binds those parties or persons jointly and severally; and
8. a reference to a statute, code or other law includes regulations and other instruments made under it and includes consolidations, amendments, re-enactments or replacements of any of them.

To the extent that Henley Arch Pty Ltd and its related bodies corporate (collectively, “Henley”):

are bound by the Privacy Act 1988 (Cth) (“Privacy Act”), Henley complies with the National Privacy Principles; and
is required to comply with the National Privacy Principles, and in recognition of your trust in Henley, Henley provides this Privacy Policy to explain how Henley collects information from you and how Henley uses such information.

Please read this Policy carefully. Please contact us with any queries. By accessing and/or using this Website, you consent and agree to be bound by the terms and conditions set out in this Policy.

Collection and use of personal information

Henley may collect “Personal Information” about you to the extent necessary for one or more of the following reasons:
1. the information is required in connection with your use of the Website;
2. the information is required to respond to queries you may have regarding any of the activities or services described in the Website;
3. the information is required to comply with any legislative requirement imposed on Henley and/or is required in connection with any legal proceeding involving Henley whether in relation to you or otherwise.
“Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion. By way of example only, Henley may collect your name, address, telephone number, facsimile number and/or email address.
How Henley collects Personal Information from you

Henley may collect Personal Information from you in a number of ways including (without limitation):
1. person to person;
2. from any contract you enter into with Henley;
3. on forms completed by you and submitted to Henley;
4. from any correspondence you post to Henley;
5. over the telephone; or
6. via any facsimile, email or other electronic communication you transmit to Henley.
Henley may also collect de-identified information through your use of the Website, including the dates and times you access the Website, the domains from where you visited the Website, your activity on the Website and Internet Protocol addresses. This information is referred to as “click stream data”. Henley may use click stream data to analyse trends and statistics to improve the Website.

Henley may collect the click stream data through the use of “cookies”. A “cookie” is a text file sent by the Website to your browser and stored on your computer. It identifies your computer, but not you, to Henley. You may set your browser to not accept cookies, but some parts of the Website may not function properly or at all if cookies are disabled.

Some pages on and emails created by the Website may also contain a “web beacon”. This is a clear-pixel image that generates a de-identified notice of your visit to be sent to Henley. A web beacon usually works in conjunction with a cookie. If you disable cookies, a web beacon will be able to generate an anonymous notice of your visit, but such notice cannot be associated with information normally contained in the cookies.
Effect of non-provision of Personal Information; anonymity

If the Personal Information Henley requests from you is not provided, or you request to provide information anonymously, Henley may not be able to provide the information or the services you requested to you.

If you disable cookies in your browser, some parts of the Website may not function properly or at all.
Henley’s use and disclosure of your Personal Information

By accessing and/or using the Website, you are deemed to consent to Henley using your Personal Information collected by Henley for any of the following purposes:
1. communicating with any necessary party in order to effect an agreement, or in connection with an agreement, entered into by you with Henley;
2. the processing of invoices, bills, and related financial matters necessary for Henley’s provision of goods and services including, but without limitation, the disclosure of information to credit agencies and/or service providers;
3. notifying you about Henley’s new or existing products, services and activities;
4. market research in relation to Henley’s products and services;
5. the distribution to you (or any organisation, company or group you represent) educational material and general information relating to Henley and its charitable and philanthropic activities; and
6. monitoring use of the Website.
Henley undertakes that it will not sell, transfer or share any Personal Information about you to any independent third party who does not agree to comply with all necessary legal requirements concerning privacy, or under exceptional circumstances as may be required by law or to protect legal rights.
Data security

Henley takes reasonable steps to protect the Personal Information Henley collects from you against accidental or intentional manipulation, loss, destruction, or against access by unauthorised persons. Henley is not responsible for harm that you or any person may suffer as a result of breach of a requirement under the Privacy Act to maintain the security of your Personal Information in respect of your use of the Website or any information you transmit to Henley via the Website. By using the Website, you acknowledge and accept this risk.
Third Party Websites

The Website may contain hyperlinks to websites owned, operated and/or maintained by independent third parties. Henley takes no responsibility for the privacy practices or the content of any such websites linked to this Website.
Amendments and Updates to this Policy

Henley reserves the right to amend this Policy at any time and such amendments will be posted to this Website. Henley may at its discretion also communicate amendments to this Policy to you by email or mail. Your continued access to and use of the Website indicates your agreement to the amendments.
Access, Correction and Further Information

Henley takes all reasonable steps to ensure that the Personal Information Henley collects about you is accurate, complete and up to date. However, Henley relies upon the accuracy, completeness and currency of the Personal Information you supply. Accordingly, if you identify any inaccuracy in your Personal Information, you need to make a change or wish to verify such information, please contact Henley with a request to access your Personal Information with sufficient information to enable Henley to verify your identity.

Henley will provide you with access to your Personal Information unless Henley is permitted under the Privacy Act or other applicable privacy legislation to refuse to provide you access. Henley reserves the right to charge an administrative fee to cover its reasonable costs for providing access to your Personal Information.

Please direct all requests to Henley’s privacy officer, the details of whom are listed below.
Identifiers

Henley does not adopt or use any identifiers of any Australian government body or agency assigned to any individual as its own identifier.
Contacting Henley

Henley’s privacy officer may be contacted by email at ABlackshaw@henley.com.au or by mail to the following address:

Attention Financial Controller
Henley Properties Group
395 Ferntree Gully Rd
Mount Waverley 3149