1. Acceptance of Terms
These Terms of Use ("Terms") govern access to and use of the website operated by Tom Pellegrini & Partners Pty Ltd ("we", "us", "our"), including all associated services, content, functionality, communications and digital platforms (collectively, the "Website").
By accessing, browsing or using this Website, you acknowledge that you have read, understood and agree to be legally bound by these Terms and all applicable laws and regulations.
If you do not agree to these Terms, you must immediately cease using the Website.
2. Legal Capacity
By using this Website, you represent and warrant that:
- you are at least 18 years of age or otherwise have legal capacity to enter into binding agreements under applicable law;
- you are using the Website lawfully; and
- all information you provide is accurate and complete.
3. Purpose of Website
This Website is provided for general informational, educational, promotional and communication purposes relating to:
- prestige property advisory;
- property acquisition and disposal opportunities;
- property-related investment opportunities and considerations;
- development opportunities and project-related commentary;
- relocation advisory services;
- professional collaboration enquiries, professional adviser expressions of interest, supplier or service-provider enquiries, and potential referral or commercial collaboration discussions;
- property market intelligence and commentary;
- articles, insights, reports, relocation guides, downloadable resources and 'Private Office' content;
- property listings;
- related professional services and introductions to third-party professionals; and
- business communications.
Information contained on this Website is general in nature and does not constitute financial product advice, financial planning advice, legal advice, taxation advice, migration advice, credit advice or any other regulated professional advice.
Users should obtain independent professional advice before relying on any information contained on the Website.
4. Advisory Scope
Tom Pellegrini & Partners provides strategic property, property-related investment, development opportunity and relocation advisory services.
The nature and limitations of these services are described in our Advisory Scope & Disclaimer Notice, which forms part of these Terms.
By using this Website, you acknowledge that you have read and understood that notice.
5. No Guarantee or Representation
While we endeavour to ensure information on the Website is accurate and current, we make no representation, warranty or guarantee that:
- Website content is accurate, complete, reliable or current;
- properties will remain available;
- information is free from errors or omissions;
- the Website will operate uninterrupted or error-free; or
- the Website or servers are free from viruses or harmful components.
All information is provided on an "as is" and "as available" basis.
Information concerning property values, market conditions, development potential, planning controls, zoning, infrastructure, rental yields, demographic trends or property-related investment opportunities is provided for general information purposes only and should not be relied upon without independent verification and professional advice.
To the maximum extent permitted by law, all implied warranties, guarantees and representations are excluded.
6. No Agency or Client Relationship
Accessing this Website, submitting an enquiry, lodging an Expression of Interest, scheduling a confidential conversation or communicating with Tom Pellegrini & Partners does not of itself create:
- an agency relationship;
- a fiduciary relationship;
- an advisory engagement;
- a brokerage relationship; or
- a client relationship.
Any formal engagement will be subject to separate written agreement and applicable regulatory requirements.
Submitting a Professional Collaboration Expression of Interest or communicating with us about a potential professional, referral, supplier or commercial relationship does not itself create a partnership, joint venture, referral arrangement, agency relationship, supplier relationship, fiduciary relationship, client relationship, advisory engagement or commercial agreement.
7. Limitation of Liability
To the maximum extent permitted by law, including under the Competition and Consumer Act 2010 (Cth) and equivalent international laws:
- we exclude all liability for any direct, indirect, incidental, consequential, special or punitive loss or damage arising from or related to use of the Website;
- we are not liable for loss of profits, business interruption, loss of opportunity, reputational damage, loss of data or cyber-related loss;
- we are not responsible for decisions made based on Website content; and
- your use of the Website is entirely at your own risk.
Where liability cannot lawfully be excluded, our liability is limited, at our option, to:
- re-supplying the relevant services; or
- the reasonable cost of re-supplying those services.
Nothing in these Terms excludes rights that cannot legally be excluded under Australian Consumer Law.
8. Intellectual Property Rights
Unless otherwise stated, all content on the Website is owned by or licensed to us and is protected under Australian and international intellectual property laws, including copyright, trademark and related rights.
This includes, without limitation:
- text;
- branding;
- logos;
- photographs;
- videos;
- graphics;
- property marketing materials;
- databases;
- layouts;
- designs;
- software; and
- proprietary content.
You must not, without prior written consent:
- reproduce;
- distribute;
- modify;
- publish;
- transmit;
- commercially exploit;
- scrape;
- frame;
- copy; or
- create derivative works from Website content.
Unauthorised use may violate Australian and international intellectual property laws and may result in legal action.
8A. Insights, Data, Articles, Guides and Publications
All articles, insights, market commentary, strategic perspectives, guides, reports, downloadable materials, data summaries, suburb profiles, relocation guides, tables, charts, written assessments and other published materials made available through the Website, including the "Insights & Data" section and any downloadable guides, are owned by or licensed to Tom Pellegrini & Partners Pty Ltd unless expressly stated otherwise.
These materials are provided for general information, education, commentary and promotional purposes only. They must not be interpreted as legal, taxation, financial, migration, credit, investment, planning, development, valuation or other professional advice.
You may view these materials for personal, internal or informational purposes. You may share a link to the original Website page and may quote short extracts for genuine reference, commentary or discussion purposes, provided that appropriate attribution is given to Tom Pellegrini & Partners and the material is not used in a misleading, commercial or competitive manner.
Unless expressly permitted in writing, you must not reproduce, republish, distribute, upload, transmit, modify, scrape, copy, summarise for commercial redistribution, sell, license, frame, mirror, syndicate, incorporate into another publication, use in marketing materials, or create derivative works from any Website content, article, guide, report, data summary, market commentary or publication.
8B. Data Mining, Scraping and AI Use
You must not use automated tools, bots, crawlers, scraping systems, data extraction tools, artificial intelligence systems or machine learning processes to access, extract, copy, reproduce, store, analyse, summarise, train, fine-tune or commercially exploit Website content without our prior written consent.
This restriction applies to all Website content, including public articles, market commentary, guides, reports, listings, suburb information, market data, downloadable materials and 'Private Office' content.
8C. Third-Party Sources and Data
Articles, guides, market commentary and data summaries may refer to information obtained from government bodies, market research providers, property platforms, media sources, industry reports and other third-party sources. All third-party intellectual property, data, trademarks, logos and source materials remain the property of their respective owners.
References to third-party sources are provided for attribution, transparency and general informational purposes only and do not imply endorsement, partnership, verification or approval by those third parties.
Where market data, forecasts, rankings, statistics or commentary are included, they are provided as general observations only and may change without notice. Users should independently verify all information before making any property, financial, investment, relocation, development or business decision.
8D. Downloadable Guides and Reports
Any guide, report, checklist, market summary, relocation guide or downloadable resource made available through the Website is provided for the personal or internal use of the recipient only.
Unless expressly authorised in writing, downloadable materials must not be copied, modified, republished, distributed, uploaded to other websites, provided to third parties for commercial purposes, incorporated into other materials, or used to promote competing services.
8E. 'Private Office' Content
Content made available through the 'Private Office', or any password-protected area of the Website is confidential and provided only to approved users. Access may be granted, refused, suspended or withdrawn at our discretion.
'Private Office' users must not share login credentials, forward 'Private Office' materials, copy restricted content, disclose private opportunities, distribute confidential information, or use restricted materials for any purpose other than the purpose for which access was granted.
Access to the 'Private Office' does not create an advisory, agency, fiduciary, brokerage, client or other professional relationship unless a separate written engagement is entered into.
9. International Use
This Website may be accessed worldwide. Information contained on this Website is directed primarily to persons considering property opportunities within Australia.
Users located outside Australia are responsible for ensuring compliance with their local laws and regulations before relying upon information contained on this Website.
We make no representation that Website content complies with laws outside Australia.
These Terms are intended to provide protection to the fullest extent permitted under applicable Australian and international laws.
10. Prohibited Conduct
You must not:
- use the Website unlawfully or fraudulently;
- interfere with Website functionality or security;
- attempt unauthorised access to systems or data;
- upload malicious software or harmful code;
- use automated systems, bots or scraping tools without permission, data mining, AI training, machine learning, automated summarisation for commercial use and content syndication;
- impersonate another person or entity;
- engage in misleading, defamatory or abusive conduct; or
- use Website content for unauthorised commercial purposes.
We reserve the right to restrict or terminate access for breaches of these Terms.
11. Third-Party Links
The Website may contain links to third-party websites or services.
We do not control, endorse or assume responsibility for third-party content, privacy practices or services.
We may, where appropriate, refer or introduce users to third-party professionals or service providers. Any such introduction is subject to our Advisory Scope & Disclaimer Notice. Where any referral fee, commission, rebate, benefit or other commercial interest may arise, this will be disclosed where required by law or applicable professional obligation.
References to third-party professionals, service providers or advisers do not constitute an endorsement, warranty or guarantee of those parties or their services.
Accessing third-party websites is at your own risk.
12. Enquiries, Expressions of Interest, Confidential Conversations and Private Office Access
Submission of an enquiry, Expression of Interest, meeting request, booking request or confidential conversation request does not of itself create an engagement, advisory relationship or obligation on either party to proceed.
13. Property Information, Market Data and Research Sources
Market commentary, property information, demographic information, statistics, forecasts and other data may be obtained from third-party sources.
While reasonable care is taken in compiling such information, Tom Pellegrini & Partners does not warrant its completeness, accuracy or currency.
Market commentary, strategic perspectives, observations and assessments published on this Website represent general views based on publicly available information, professional experience and market observation. They are provided for informational purposes only and should not be interpreted as recommendations, predictions or guarantees of future outcomes.
Market commentary may include opinions, assumptions, forecasts, projections and third-party data, and readers must verify sources before relying on them.
14. Privacy
Your use of the Website is also governed by our Privacy Policy.
By using the Website, you consent to the collection and handling of personal information in accordance with our Privacy Policy and applicable privacy laws.
15. Security and Cyber Risks
While reasonable security measures are implemented, we cannot guarantee absolute security of electronic communications or Website access.
You acknowledge that internet transmissions may be vulnerable to interception, disruption or cyberattack.
You are responsible for implementing your own cybersecurity protections.
16. User Submissions
Any information, enquiry, feedback, content or communication submitted through the Website may be stored and used in accordance with our Privacy Policy. You warrant that any material submitted by you:
- is lawful;
- does not infringe third-party rights; and
- is not misleading, defamatory or malicious.
17. Indemnity
You agree to indemnify and hold harmless Tom Pellegrini & Partners Pty Ltd, its directors, employees, contractors, agents and affiliates from and against any claims, liabilities, losses, damages, costs or expenses arising from:
- your use of the Website;
- your breach of these Terms;
- your violation of applicable laws; or
- infringement of third-party rights.
18. Termination and Suspension
We reserve the right, without notice, to suspend, restrict or terminate access to the Website where we reasonably believe:
- these Terms have been breached;
- unlawful activity has occurred; or
- Website security or integrity is at risk.
19. Changes to Terms
We may amend these Terms at any time without prior notice.
Updated Terms become effective upon publication on the Website.
Continued use of the Website constitutes acceptance of amended Terms.
20. Governing Law and Jurisdiction
These Terms are governed by the laws of the Commonwealth of Australia and the State of Queensland.
You irrevocably submit to the exclusive jurisdiction of the courts of that State and Australia.
Where applicable, we reserve the right to pursue remedies in any jurisdiction worldwide to protect our intellectual property, confidential information, business interests and legal rights.
21. Severability
If any provision of these Terms is found invalid, unlawful or unenforceable, the remaining provisions continue in full force and effect.
22. Licensing
Tom Pellegrini & Partners Pty Ltd holds a Queensland Corporate Real Estate Licence (Licence 4933454) issued by the Queensland Office of Fair Trading.
Tom Pellegrini holds an Individual Real Estate Full Licence (Licence 4924515) issued by the Queensland Office of Fair Trading.
Francesca Raucci holds an Individual Real Estate Full Licence (Licence 4966241) issued by the Queensland Office of Fair Trading.
Real estate services may be provided independently by Tom Pellegrini & Partners, where appropriate, in conjunction with Prestige by Harcourts Property Centre in accordance with applicable licensing requirements.
23. Entire Agreement
These Terms constitute the entire agreement between you and Tom Pellegrini & Partners Pty Ltd regarding use of the Website and supersede all prior understandings or agreements relating to Website use.
24. Contact Details
Attn: Mr Tom Pellegrini
Tom Pellegrini & Partners
c/o Prestige by Harcourts Property Centre, 15 Malt Street, Fortitude Valley, QLD 4006, Australia
Phone: +61 (0)477 546 168