Terms and Conditions

Parties: You will be referred to throughout these Terms and Conditions as (“you” or “your”). Benlee Property Trusts ABN 78963616811 will be referred to throughout as Benlee or (“we” or “our”).

Overview: The Terms and Conditions of Benlee’s website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to Benlee’s website (Additional Terms and Conditions).

The Additional Terms and Conditions that appear on Benlee’s website will govern your use of, and access to, certain sections of the Benlee website where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Benlee website.

You are not permitted to use this website unless you have read these Terms and Conditions and agree that they govern your right to use Benlee’s website. Your use of this website evidences your agreement to be governed by these Terms and Conditions. It is your responsibility to ensure that any of your employees or other agents are made aware of these Terms and Conditions.

Website content and access: While Benlee endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.

Benlee does not guarantee that access to the Benlee website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Benlee website or any data on such a computer.

Express disclaimers: To the fullest extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Benlee does not make any warranty as to the accuracy, suitability, reliability or completeness of the information or content on this website. Nothing on this website shall be construed as providing the user with advice.

The information contained on this website is provided by Benlee. This website and any information regarding Benlee and Benlee’s products and services are strictly provided, and intended solely, for information purposes and do not constitute a representation that any investment strategy is suitable or appropriate for any person’s individual circumstances and do not constitute personal advice. Further, this website should not be regarded by investors as a substitute for independent professional advice or the exercise of their own judgement. This website has not been reviewed by the Australian Investments & Securities Commission. Benlee does not guarantee or underwrite the success of any investments, the achievement of investment objectives, the repayment of capital or particular rates of return on investments. Benlee is not liable for any direct or indirect losses attributable to omissions from the website, information being out of date, inaccurate, incomplete or deficient in any way. Investors and their advisers should make their own inquiries before making investment decisions.

Limitation of liability: To the fullest extent permitted by law, Benlee excludes all liability for any loss or damage arising directly or indirectly from or in any way connected to your use of or reliance on this website and its content. This includes loss which is special, indirect, consequential or loss of business profits. Benlee complies with the Australian Consumer Law and provides all the Consumer Guarantees contained in the Competition and Consumer Act 2010 (Cth) to the extent they are applicable. Where Benlee breaches a warranty or guarantee which is implied by law into these Terms and Conditions and which cannot be lawfully excluded, then Benlee relies on Section 64A of the Competition and Consumer Act 2010 (Cth). Accordingly, Benlee’s liability for any such breach shall be limited at our option, as long as it is fair and reasonable to do so, to any one or more of the following:

(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods.

(ii) Where there is a supply of services, to resupplying the services or payment of the cost of having the services resupplied.  

Links to other websites: Our website may contain links to other websites. This does not necessarily imply sponsorship, endorsement, or any arrangement whatsoever between Benlee and the owners of the linked websites. Benlee takes no responsibility for any of the content found on the linked websites. The Benlee website may contain information provided by third parties. Benlee accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Intellectual property: All content displayed on this website, including but not limited to information, photographs, graphic materials and artwork, is the property of Benlee. Website content may be displayed and downloaded for any legitimate business or personal purpose provided that any copyright notice is not removed. You agree not to reproduce, disseminate, sell, publish, broadcast or circulate any content to any third party without the express prior written consent of Benlee. Benlee expressly reserves all copyright in its website and in all website content.

Submissions: Any material uploaded to this website or sent to Benlee via this website will be considered by us to be non-proprietary unless you indicate otherwise. This includes any data, questions, comments, suggestions, ideas or other information. Subject to our Privacy Policy, Benlee may use such material for any purpose without compensation or notice. Any material uploaded to this website must not be malicious, offensive or considered to be spam or solely promotional in nature. Benlee reserves the right to remove any uploaded material without notice.

Privacy: Please read, in conjunction with, our Privacy Policy. Benlee is committed to safeguarding your privacy. All customer data is secured against unauthorised use or access. Benlee does not sell or deal in personal or customer information. Benlee may however use your information in a general sense to create marketing statistics, identify user demands and to assist us in meeting customer needs generally.

Personal information: Benlee is committed to the transparent and open management of personal information. Any personal information Benlee collects will be kept and treated as confidential. The information we collect can include information that is capable of identifying you such as your name, address, telephone number, email address, payment details, social media details, occupation and details regarding conversations we have had with you. Personal information will only be used for the purposes outlined in our Privacy Policy. If you are given access to Benlee’s confidential information you may not disclose it to any third party without our written consent.

Disclosure of information: Benlee may disclose information in good faith and where Benlee is required to do so:

(i) by law or by any court;

(ii) to enforce the terms of any of our customer agreements;

(iii) to protect the rights, property or safety of Benlee, its customers or third parties; or

(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.

Interference: You must not add, remove, change, hack or otherwise interfere with this website or any content on this website.

Termination: If in Benlee’s reasonable opinion, you breach these Terms and Conditions then Benlee may suspend or terminate your access to this website without notice or liability.

Whole agreement: These Terms and Conditions, our Privacy Policy and any Additional Terms and Conditions represent the whole agreement between you and Benlee concerning your use and access to Benlee’s website. No other term is to be included in this agreement except where it is required to be included by any state or federal legislation of Australia. All other terms are hereby expressly excluded.

Exclusion of unenforceable terms and conditions: Where any of these terms or conditions would be illegal, void, or unenforceable in a particular state or territory then that term or condition shall be deemed never to have been included in these Terms and Conditions in that state or territory. The excision of any term or condition pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other terms and conditions.

Jurisdiction: These Terms and Conditions are subject to the state and federal laws of Australia. You submit to the exclusive jurisdiction of the courts of Australia and any relevant Australian state or territory. This applies regardless of your location when accessing the website or website content.

Amendment of terms: These Terms and Conditions were last amended on 11 April 2024. Benlee reserves the right to amend these Terms and Conditions without notice at any time. Such amendments take effect from the date of publication of the amended Terms and Conditions on this website. It is your responsibility to regularly review these Terms and Conditions to ensure your understanding is up to date.