EOI Submission Terms & Conditions

In these terms, "EOI" means any expression of interest, enquiry, project submission, development opportunity, site proposal, strategic partnership request or communication submitted to Tom Pellegrini & Partners through the website, email, form, Private Office, confidential conversation process or other channel.

"Tom Pellegrini & Partners", "TP&P", "we", "us" or "our" means Tom Pellegrini & Partners Pty Ltd, ABN 76 661 152 450, ACN 661 152 450.

"You" or "submitter" means the builder, developer, landowner, project entity, consultant, adviser, representative or other person submitting the EOI or on whose behalf the EOI is submitted.

"Prestige/Harcourts network" means Prestige by Harcourts Property Centre, Harcourts entities and Harcourts network participants, as relevant to a particular property enquiry, project, transaction, referral or service.

Submitting an EOI does not, of itself, create a client engagement, agency appointment, sales appointment, marketing appointment, brokerage relationship, advisory engagement, fiduciary relationship, partnership, joint venture, development agreement, funding arrangement, listing agreement or other commercial agreement with Tom Pellegrini & Partners.

These EOI Submission Terms & Conditions apply to the submission and assessment of the EOI. Any formal engagement, sales agency appointment, project marketing agreement, buyer engagement arrangement, referral arrangement, transaction, development opportunity, advisory relationship or commercial agreement will only arise if and when a separate written agreement is entered into by the relevant parties.

Tom Pellegrini & Partners may accept, reject, decline to progress, suspend, vary or terminate an EOI process at any time, subject to applicable law and any separate written agreement that may later be entered into.

EOIs are reviewed to determine whether there may be a suitable basis for further discussion, strategic advisory support, market positioning assistance, buyer engagement, project marketing, sales agency, development-related advisory support or other professional collaboration.

Tom Pellegrini & Partners works selectively. Submitting an EOI does not guarantee acceptance, further discussion, buyer access, project representation, marketing support, sales appointment, funding access, referral, introduction, exclusivity or any other outcome.

We may request further information, decline incomplete or unsuitable submissions, and consider factors such as project quality, location, price positioning, commercial feasibility, planning status, delivery capability, reputation, strategic alignment, market demand, buyer suitability, conflicts, confidentiality and capacity.

By submitting an EOI, you confirm that the information provided is accurate, complete and not misleading to the best of your knowledge.

If you submit information on behalf of a builder, developer, landowner, company, trust, project entity, joint venture, consultant, client or other party, you confirm that you are authorised to do so and that the information may be used and disclosed for the purposes described in these terms.

You confirm that submitting the EOI and related materials does not breach any confidentiality obligation, contractual obligation, intellectual property right, privacy obligation, planning restriction, legal obligation or duty owed to another person.

You are responsible for updating us if information provided in your EOI changes or if any information previously submitted becomes inaccurate, incomplete or misleading.

"Confidential Information" means information disclosed by one party to the other in connection with an EOI, whether in writing, orally, electronically or by conduct, and whether disclosed before or after submission of the EOI.

Confidential Information may include business strategies, financial information, feasibility analysis, pricing, margins, acquisition or site details, development concepts, planning information, architectural plans, renders, technical specifications, trade secrets, buyer or investor information, project marketing strategy, pre-launch plans, transaction discussions, commercial terms and the fact that discussions are taking place regarding a potential project, referral, agency appointment, marketing appointment or commercial agreement.

Each party must take reasonable steps to keep Confidential Information confidential and use it only for the purpose of assessing, responding to, progressing or managing the EOI and any related discussions or potential engagement.

Confidential Information may be disclosed to:

• employees, contractors, administrators, consultants or representatives who need to know the information for the EOI process;
• legal, taxation, financial, planning, property, valuation, lending, marketing, architectural, project or other professional advisers engaged in connection with the matter;
• Prestige by Harcourts Property Centre, Harcourts entities or Harcourts network participants where relevant to the project, enquiry, transaction, referral, meeting, service request or engagement;
• technology, cloud, CRM, email, document management, scheduling or administrative service providers used in the ordinary course of business;
• any person or body to whom disclosure is required or authorised by law, regulation, court order or professional obligation.

Confidentiality obligations do not apply to information that:

• is or becomes public other than through breach of these terms;
• was already known to the recipient before disclosure;
• is independently developed without use of the Confidential Information;
• is lawfully received from another source without a confidentiality obligation; or
• must be disclosed by law, regulation, court order or professional obligation.

Upon reasonable written request, Confidential Information should be returned or destroyed where practicable, except where retention is required by law, professional obligation, record-keeping requirements or standard electronic backup procedures.

Confidentiality obligations continue for so long as the relevant information remains confidential. Trade secrets and highly confidential commercial information should continue to be protected while they remain non-public and commercially sensitive. Personal information will be handled in accordance with applicable privacy laws and our privacy documents.

Project materials submitted with an EOI remain the property of the submitting party or relevant rights holder. These may include plans, renders, drawings, specifications, reports, feasibility materials, pricing, marketing materials, site information, buyer information and commercial documents.

By submitting project materials, you grant Tom Pellegrini & Partners a limited right to review, copy, store, internally discuss and share those materials with permitted recipients for the purpose of assessing and responding to the EOI.

No submitted materials will be published, marketed, distributed publicly or used for external promotional purposes without consent, unless the material is already publicly available or disclosure is otherwise permitted by law.

Submitting materials does not transfer ownership of intellectual property rights to Tom Pellegrini & Partners, Prestige by Harcourts Property Centre, Harcourts entities or any Harcourts network participant.

By submitting an EOI, you acknowledge that Tom Pellegrini & Partners may collect personal information and commercial information provided by or about you, your business, your project or your representatives for the purpose of receiving, reviewing, assessing, responding to and managing your EOI.

This may include names, contact details, professional or business details, role and authority, project details, site information, commercial objectives, development status, timing, pricing, marketing objectives, buyer profile, project documents and other information relevant to the EOI.

In some circumstances, and only where lawful and reasonably necessary, we may collect sensitive information with your consent or where otherwise authorised by law.

If you do not provide information reasonably required to assess your EOI, we may be unable to properly consider, respond to or progress your submission.

Where relevant to your project, enquiry, transaction, referral, meeting, service request or engagement, we may disclose information to Prestige by Harcourts Property Centre, Harcourts entities, Harcourts network participants, licensed real estate agents, contractors, professional advisers, technology providers or service providers involved in assessing or progressing the relevant matter.

Information is not automatically disclosed to Harcourts entities in every case. Disclosure will depend on the nature of your EOI, the services requested, the parties involved and the way in which the matter is handled.

Personal information will be handled in accordance with our Privacy Collection Notice and Privacy Policy.

We may use third-party technology, cloud storage, CRM, scheduling, website, email, analytics, document management and administrative service providers. Some of these providers may store or process information outside Australia.

Further information about personal information handling, overseas disclosure, access, correction and complaints is set out in our Privacy Policy.

Information provided through the EOI process is general and strategic in nature. Tom Pellegrini & Partners does not provide financial product advice, personal financial advice, general financial advice, financial planning advice, legal advice, taxation advice, migration advice, credit assistance, lending advice or other regulated professional advice.

Any discussion of development opportunities, market positioning, property-related investment, project strategy, pricing, buyer demand, planning context, feasibility, marketing or sales potential is general, contextual and strategic only and should not be relied upon as regulated advice or as a guarantee of any outcome.

Tom Pellegrini & Partners does not guarantee planning approval, development approval, sales rates, pre-sales, buyer demand, finance, funding, settlement, profitability, project viability, price outcomes or market performance.

You should obtain independent professional advice from appropriately qualified advisers before making any significant property, investment, financial, legal, taxation, planning, lending, development or business decision.

Where appropriate, Tom Pellegrini & Partners may facilitate introductions to third-party professionals, service providers, real estate agents, property managers, advisers, consultants, builders, developers, landowners, buyers, investors or other parties who may be able to assist with the matter described in the EOI.

Any such introduction is made for convenience and does not constitute a guarantee, endorsement or warranty regarding the third party's suitability, competence, advice, services or outcomes. You remain responsible for conducting your own enquiries and deciding whether to engage any third party.

If Tom Pellegrini & Partners may receive a referral fee, commission or other commercial benefit in connection with a referral, introduction, appointment or transaction, this will be disclosed where required by law or where otherwise appropriate.

Submitting an EOI does not grant exclusivity, priority, appointment rights, listing rights, sales rights, marketing rights, buyer access, project access, confidentiality over independently known opportunities, or any other preferred status.

Any exclusivity, appointment, listing, project marketing, agency, referral, buyer engagement or advisory arrangement must be set out in a separate written agreement signed or accepted by the relevant parties.

We may contact you in relation to your EOI, requested information, related project matters, confidential conversations, meetings, enquiries, introductions or potential services.

We may also send marketing communications, market updates, insights, invitations and information about properties, property opportunities, development opportunities, services, events and other matters that may be relevant to your interests where you have consented to receive them, where consent may reasonably be inferred from your relationship or dealings with us, or where otherwise permitted by law.

You may opt out of marketing communications at any time by using the unsubscribe facility in our electronic communications or by contacting us directly.

Unless otherwise agreed in writing, you are responsible for your own costs associated with preparing, submitting and discussing an EOI, including costs of advisers, consultants, travel, investigations, due diligence or document preparation.

Tom Pellegrini & Partners is not liable for costs, losses, expenses or opportunity costs incurred by you in connection with an EOI process, except to the extent liability cannot lawfully be excluded.

These EOI Submission Terms & Conditions are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth courts of Australia.

If you have questions about these terms, privacy, access or correction of personal information, or the EOI process, please contact Tom Pellegrini & Partners via:

Tom Pellegrini & Partners Pty Ltd

Email: tom@tompellegriniandpartners.com.au

Phone: +61 477 546 168

Brisbane Office: c/o Prestige by Harcourts Property Centre, 15 Malt Street, Fortitude Valley QLD 4006, Australia.