Terms of Use

Background

This website is operated by BlueRock 3030 Pty Ltd and its subsidiaries (together “BlueRock”). The terms “we”, “us” and “our” used in these Terms of Use refer to BlueRock. The use of this website, our apps, and any of our content on social media sites ("Site(s)") on any computer, mobile phone, tablet, console or other device ("Device") is subject to these Terms of Use.

Consent

By using, accessing or browsing the Site on any Device, you signify that you have read, understood and agree to be bound by these Terms of Use in their entirety in addition to any other applicable laws or regulations. If you do not agree to any of these Terms of Use, please do not use the Site.

Privacy

Your use of the Site may involve submitting your personal information via a form or other communication. Where applicable, we will collect your Personal Information subject to our Privacy Policy which is governed by the Australian Privacy Principles. By using our Site, you agree to the terms of the Privacy Policy .

Your Obligations

When using the Site you must not:

• Use the Site for any purpose or in any manner other than as set out in these Terms of Use;
• Use the Site in any way that could damage our reputation or goodwill;
• Allow any third party to use the Site other than as set out in these Terms of Use;
• Attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party's computing systems and networks;
• Use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used to deliver the Site or impair the ability of any other user to use the Site;
• Attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access;
• Transmit, or input into the Site, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); or
• Decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site.

You must ensure you protect the Site at all times from unauthorised access, use or damage and you must ensure that any usernames and passwords required to access the Site (where applicable) are kept secure and confidential. You must immediately notify us of any unauthorised use of your passwords or any other breach of security and you must reset your password and you must take all other actions that we deem reasonably necessary to maintain or enhance the security of our computing systems and networks and your access to the Site.

General Information

Any information on the Site, including but not limited to, blog posts, articles, text, or content received through a mailing list, is general information only.

The information does not constitute legal or financial advice and you cannot rely on the Site’s content for such advice. The Site does not promote, endorse, or recommend any particular financial products or services.

If you want legal, financial or other advice, please get in touch with us .

Intellectual Property

Any content featured on or displayed on the Site, including but not limited to, graphics, headers, logos, icons, trademarks, text, graphics, designs, photographs, images, sound, audio, music, video, illustrations, data compilations, software and all intellectual property rights contained in those things ("our content"), is owned by us, our affiliates, partners, licensors and/or content providers (as the case may be). You acknowledge and agree that:

• Our content is and remains the exclusive property of us, our affiliates, partners, licensors and/or content providers (as the case may be);
• You are permitted to access our content on the Site in accordance with these Terms of Use and subject to all applicable legislation governing intellectual property, including but not limited to, the Copyright Act 1968 (Cth);
• Your use of our content is for personal, informational and non-commercial purposes only and does not grant you any rights in relation to any copyright, designs, trademarks or other intellectual property or material rights relating to the Site;
• You will not modify, copy, duplicate, distribute or redistribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, sell or reuse any aspect of our content on the Site without our express written authorisation; and
• You will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Site.

Third Party Sites

The Site may contain links to other websites, applications or other products or services operated by third parties, including (but not limited to), HubSpot and FeeSynergy ("Third Party Sites").

We have not verified the contents of the Third Party Sites. We do not endorse, promote, monitor or have control over, and are not responsible for the content (including offered product or services) or policies on any Third Party Sites. We also do not make any warranties or representations as to the quality, accuracy or lawfulness of the content on any Third Party Sites. We have not issued or caused to have issued any advertisements which appear on the Third Party Sites. Your access to any Third Party Sites via the Site is at your own risk and we recommend making enquiries before relying on any content on any Third Party Sites.

Updates

We reserve the right to change, modify, add or remove portions of these Terms of Use at any time without notice to you, effective upon its posting to the Site. By continuing to use, access or browse the Site following any changes to these Terms of Use, you signify that you have read, understood and agree to be bound by the new Terms of Use.

We reserve the right to temporarily or permanently interrupt or disable access to the Site at any time for any purpose, including but not limited to general maintenance or updates of the Site. We will not be liable to you or any other person for interruption or termination of access to the Site.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. You agree that we are not liable to you from your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services are also be subject to these Terms of Use.

Limitation Of Liability

To the maximum extent permitted by law:

• We exclude all warranties and representations as to the correctness, accuracy, adequacy, completeness, currency, reliability, timeliness or usefulness of any information or other content contained on the Site or Third Party Sites;
• We do not guarantee that the Site, or the server supporting the Site, or Third Party Sites, are free from defects, viruses or other harmful components, or will be uninterrupted or error free;
• We accept no liability for the loss of data where such loss is wholly or partly caused by factors beyond our reasonable control including, but not limited to, failure or fault in the hosted environment of the Site, defective network or internet connections, defective equipment utilised by you or incorrect operation by you of your own Device or other access facilities;
• We are not responsible for any disclosure, use, modification or deletion of your data resulting from any access by third party application providers including Third Party Sites; and
• Neither we, nor our employees, officers, directors, contractors or agents, will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise), arising in connection with your use of, or inability to use, the Site or Third Party Sites or reliance on any of our content or other information contained on the Site.

Indemnity

You will at all times indemnify and keep indemnified the BlueRock and its respective employees, agents and related entities from and against any loss or liability incurred by us, our related entities and our respective employees and agents arising from any claim, demand, action or proceeding against us where such loss or liability arose from, or in connection to any breach of these Terms of Use by you.

Entire Agreement

These Terms of Use and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site.

Applicable Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. By using the Site on any Device, you hereby submit to the exclusive jurisdiction of the courts of Victoria and waive any and all objections to the jurisdiction or venue in such courts.

The Site may be accessed from Australia or overseas. We make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

Contact

If you have any questions, comments or concerns about these Terms of Use please contact us via email: enquiries@thebluerock.com.au

Feedback And Review

From time to time, we may request that you provide us with feedback or reviews. You are not obliged to provide any feedback. You acknowledge and agree that:

1. We, at our sole discretion, may determine whether such comments are published on our Site or any social media platform; and
2. Where you intend to post any negative review or comment with respect to our Services or on any external review site or social media platform, you will contact us and provide us with an opportunity to discuss your concerns before publishing such negative review or comment.

Last revised: 22/12/2022