Website - Terms of Use

This website (www.thedepositholder.com.au) is owned and operated by The Deposit Holder Pty Ltd ABN 60 672 791 301 (we, us, our). By using our website, you agree to be bound by the terms of use set out on this page (Terms). If you do not accept these Terms, then you must refrain from using our website.

We reserve the right to and may change these Terms at any time by updating this page. Your use of this website following the updating of these Terms will represent an agreement by you to be bound by these Terms as amended with immediate effect. You should periodically refer to this page in this respect.

Platform

We specialise in the provision of legal services in connection with the deposit money provisions contained in contracts for the sale and purchase of real property Australia-wide. Our provision of legal services is facilitated by our operation of an online platform that may be accessed via our website (Platform). The Platform can only be accessed and used by people in whose name we have opened an account. Only certain types of people are eligible to open an account, including people that have engaged us to provide legal services to them and certain stakeholders in conveyancing transactions of which a client of ours is or will be a party. Whether or not we open an account in a person’s name is at our discretion and is conditional on the person agreeing to be bound by the ‘Terms of Use’ of the Platform (thedepositholder.com.au/legal/platform-terms-of-use.pdf) among other things (Governing Terms).

No legal advice

The information contained on our website is general information only and to the extent it concerns legal matters or topics, it is in summary form only, is not legal advice, and should not be relied on as a substitute for competent professional advice from a suitably qualified professional. 

We only provide legal services (including legal advice) to people that have engaged us to provide legal services on the terms contained in a formal engagement agreement. If you have not engaged us as such, then there is no lawyer-client relationship between us and we do not provide any legal services to you.

Privacy

We collect, hold, use and disclose personal information in carrying on our business. We respect your privacy and we are committed to safeguarding and managing your personal information responsibly. We will only collect, hold, use and disclose your personal information in compliance with the Privacy Act 1988 (Cth). Please refer to our Privacy Policy (thedepositholder.com.au/legal/privacy-policy) for information about how we manage personal information. By using our website, you agree and consent to us collecting, holding, using and disclosing personal information in accordance with our Privacy Policy.

Intellectual property

Unless otherwise indicated, all material on our website (including text, graphics, logos, icons, sound recordings and software) is subject to copyright, trade mark or other intellectual or proprietary rights that are owned or licensed by us and are protected under the Australian copyright and trade mark laws and through international treaties. You may not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping by a storage or information retrieval system) or otherwise exploit any part of our website or any materials on our website for any commercial purpose without our specific prior written consent. 

You may only access and use the materials on our website for non-commercial or personal use except to the extent permitted by law, the Governing Terms, or where you have received prior written approval from us. Nothing on our website or in these Terms confers or transfers to you or may be construed as conferring or transferring to you any licence or right to any intellectual or other proprietary rights held by us.

Content, function and liability

Our website is made accessible on an ‘as-is’ and ‘as available’ basis. We do not warrant, represent or guarantee that our website or any of its content is error-free or accurate, or that your use of our website will be continuous, uninterrupted or secure. Our website may contain links to websites operated by third parties that we have no control over or rights in and which may not be maintained or remain current. Unless expressly stated otherwise, we do not endorse and are not responsible or liable for the content on those linked websites, or any websites they may link to, or any loss you may suffer in connection with your use of those linked websites. You visit any such website at your own risk.

To the maximum extent permitted by law, we will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of our website.

Legal

Your use of our website, and these Terms, are governed by the laws in force in Queensland, Australia. In allowing you to use and in you using our website, you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia, the Federal Court of Australia, and any courts that may hear appeals from those courts, in respect of your use of our website and these Terms.