Terms and Conditions
1. Introduction
Welcome to the MAK REALTY website. This site is owned and operated by MAK Group Pty Ltd, ACN
641 365 362 as trustee for MAK REALTY with a primary office at 495 Main Street, Mordialloc, Melbourne, Victoria, 3195, Australia.
MAK REALTY, a distinguished real estate service in Victoria and Queensland, Australia, specializes in commercial and residential property sales, property management, and leasing services. By accessing and using this website and our services, you agree to these Terms, which include our Privacy Policy.
These Terms should be reviewed carefully, and use of our website should cease if you do not agree to them.’Us,’ ‘we,’ and ‘our’ in these Terms refer to MAK Realty and our Related Bodies Corporate.
2. Privacy Collection Notice
In the course of engaging with this website, MAK REALTY may gather your personal data for the primary purpose of addressing your queries, furnishing you with our bespoke services, and other objectives as articulated within our Privacy Policy or as mandated by prevailing legislation. Such personal data may be imparted to ancillary entities that facilitate our provision of services, inclusive of agents, suppliers, and business affiliates.
Our Privacy Policy delineates the modalities of (i) personal data retention and utilization, as well as the mechanisms through which you may peruse and amend your personal data; (ii) the methods by which we amass, employ, and divulge personal data; and (iii) the measures we have instituted to safeguard personal data. Should you desire comprehensive insights into our privacy protocols or methodologies, we invite your correspondence at hello@makrealty.com.au.
Your submission of personal data onto our platform constitutes your explicit assent to our procedures of data collection, utilization, retention, and disclosure, all of which are thoroughly expounded in our Privacy Policy and these Terms
3. Property Listings and Particulars
Our website may contain information, images, price guides, floor plans and other details about properties that we have listed for sale, development or lease from time to time. These particulars are general information only and for illustrative purposes. Whilst we make all reasonable efforts to ensure the accuracy and completeness of these particulars, to the extent permitted by law, including the Australian Consumer Law, no warranty is given by us or by any seller, lessor or agent as to their accuracy.
Interested parties should not rely on these particulars as representations of fact but must independently satisfy themselves as to the accuracy of such information and the suitability of the property, by inspecting the property, or carrying out searches or other investigations.
Any price listed on our website is not a valuation and should not be relied on or treated as such. Prices, if indicated, have been estimated based on recent market evidence for comparable properties, to the extent available. Prices may be subject to GST.
Unless expressly stated otherwise, our property listings and the particulars within them, and other information available on this website, does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of these Terms, or a subsequent contract of sale or any other contract you may enter into relating to the property;
- purport to provide you with personal financial or investment advice of any kind; or
- take account of your particular financial position, objectives or other requirements.
We recommend that you obtain financial, legal and taxation advice before making any decision.
4. Intellectual Property Rights
All intellectual property contained within this website, which includes but is not limited to copyrights, designs, patents, trademarks, and any other proprietary rights in the text, images, graphics, logos, audio, and software (hereafter referred to as ‘Content’), is either the exclusive property of or is licensed to MAK Realty by respective third parties.
Your interaction with this website and any engagement with the Content does not confer upon you any proprietary rights, including but not limited to rights of ownership, title, or interest in our website or the Content therein. Notwithstanding the foregoing, MAK Realty does extend to you a revocable, non-exclusive, non-transferable limited license to access and view the Content, strictly in adherence to the stipulations outlined in these Terms and subject to any specific permissions that may be granted by MAK Realty or its third-party licensors where applicable.
Unauthorised reproduction, distribution, or transmission of any part of this website or the Content therein is strictly forbidden and may attract both civil and criminal legal actions. Furthermore, direct copying of the Content onto any external server, database, publication, or any other media platform is expressly prohibited. Any form of usage, duplication, or reproduction not explicitly sanctioned by these Terms or by statutory provisions is expressly forbidden and may expose the violator to legal liability.
5. Linked Sites
“Our website may present hyperlinks to web pages that are not part of our domain and are operated by independent third parties. These hyperlinks are solely for the purpose of facilitating ease of navigation for the user and may become inactive or may not be updated over time. We explicitly clarify that such hyperlinks do not signify our endorsement, verification, or approval of the content available on or through these external web pages. Furthermore, MAK Realty does not exercise any form of editorial control or legal rights over the content on these external websites. Therefore, we expressly disclaim all responsibility and liability for any materials, information, or data encountered on, or any transactions entered into through, any third-party website. Users access and use such websites at their own risk.”
6. Properties Sold by Auction
Properties offered for sale by auction are intrinsically governed by the prevailing conditions of the market at the time of auction, and consequently, MAK REALTY does not provide any indicative price guides or valuations prior to the auction. While for the purposes of website functionality and user interface design, properties may be arranged into estimated price categories, such classification is intended for navigational ease only and must not be construed as an official price guide or an estimate of market value.
7. Accuracy, Completeness, and Timeliness of Information
The content presented on this website serves as an introductory overview and is not exhaustive. MAK REALTY endeavours to verify and maintain the integrity of the website’s content and endeavours to ensure its accuracy and completeness within the scope of applicable laws, including the Australian Consumer Law. However, MAK REALTY does not guarantee the currency, accuracy, or completeness of any information on this website and expressly disclaims all warranties, direct or implied, to the degree allowed by law.
MAK REALTY reserves the right to modify, augment, or update the website content, including these Terms and any details regarding the properties or services featured herein, at its discretion and without prior announcement.
We encourage users to periodically review the site for such updates. Nonetheless, MAK REALTY assumes no obligation to maintain the currency of the website content. In no event will MAK REALTY be held accountable for any inaccuracies or omissions in the information provided on this website, nor for any reliance on said information.”
8. No Commercial Use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
9. Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
10. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
11. Unacceptable Activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
12. Jurisdiction and Governing Law
The stipulations and provisions encapsulated within these Terms shall be construed and governed by the legislative frameworks of the States of Victoria and Queensland, Australia. By utilizing this website, you irrevocably confer jurisdiction and submit to the adjudicative authority of the courts located within these States for any proceedings arising from or related to these Terms.