PRIVACY POLICY AND COLLECTION NOTICE
By providing your details to our representative, you consent to the terms contained in this notice and acknowledge that this notice has been brought to your attention.
Kenterprise Pty Limited (ACN 114 056 905) and its related bodies corporate including Presence Property Management Pty Ltd (ACN 143 274 373), and Nexr Pty Ltd (ACN 646 426 922) which collectively trades as Presence Real Estate, Presence Projects and Nexr located at Level 2, 16 Telford Street, Newcastle East NSW 2300 (we, our, us) provides real estate services including but not limited to:
This policy applies to Kenterprise Pty Limited (ACN 114 056 905) and its associated entities which trade as Presence Real Estate, Presence Projects, Presence Property Management and Nexr and the URL presence.realestate (collectively Presence). It sets out the policies of Presence relating to personal information provided to us, or collected by us, including through our websites. Unless you give your express consent otherwise, the following policy governs how we handle your personal information and safeguards your privacy. By providing your personal information to us you agree to this policy.
Note: Third-party internet sites accessible via the above-mentioned websites, including websites that may be independently owned and operated by individual Presence Offices, may have separate privacy and data-collection practices not controlled by Presence. Presence takes no responsibility for those independent policies and will not be liable for any actions of third parties in relation to privacy. It is recommended that you refer to those sites’ own privacy policies to learn how they collect and use your personal information.
The Privacy Act 1988 (Cth)(the Act) allows for ‘personal information’, including ‘sensitive information’ (which are defined in the Act) about you to be collected, used and disclosed provided we have provided you with notice and in certain circumstances also obtained your consent. In this Privacy Policy and, where appropriate, a reference to ‘personal information’ includes ‘sensitive information’.
We reserve the right to review and if necessary, change this Privacy Policy. We may (from time to time) update, revise, amend or replace this Privacy Policy by posting any changes to it on our website or by giving you any other form of notification.
This Privacy Policy is available on our website, at our head office and may also be made available to you when requested.
We are bound by the Act and the Australian Privacy Principles (APP) which regulate the collection, use and disclosure of personal information. This Privacy Policy explains:
What personal information we collect:
We collect personal information that is reasonably necessary for one or more of our functions or activities.
The type of information that we collect and hold may depend on your relationship with us. For example:
Candidate: if you are a candidate seeking employment with us, we may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications, and payment details.
Customer: if you are a customer of ours, we may may collect and hold information including your name, address, email address, contact telephone number, gender, age, bank details and next of kin.
Supplier: if you are a supplier of ours, we may collect and hold information including your name, address, email address, contact telephone number, business records, billing information, and information about goods and services supplied by you.
Sensitive information: we will only collect sensitive information where you consent to the collection of the information and the information is reasonably necessary for one or more of our functions or activities. Such functions include if you apply for a rental property or enquire to either lease or purchase one of our properties. Sensitive information includes, but is not limited to, information or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences, criminal record, health information or genetic information.
If you feel that the personal information that we are requesting at any point is not information that you wish to provide, please feel free to raise this with us.
How we collect personal information from you
We will collect personal information from you in the following circumstances:
Property Management
Sales
Generally
How we collect personal information from other sources
We can collect personal information about you from other sources in any manner permitted by the Act. We will only collect personal information from other sources where it is reasonably necessary for us to do so in relation to, or in connection with, any services we are supplying in connection with our real estate and/or strata agency business. Examples of such sources of personal information include:
When the law authorises or requires collection of personal information
There are laws that may require us to collect and disclose your personal information. For example, we may be required to collect and disclose your personal information pursuant to the Property and Stock Agents Act 2002 (NSW) and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), including any regulations and rules under those laws.
How your personal information may be used
We may collect, use and disclose your personal information for the following purposes including:
Property Management
Sales
Generally
You can tell us at any time if you no longer wish to receive direct marketing information or offers from us. We will process your request as soon as reasonably practicable after receipt of the request.
How we share your personal information
Sharing personal information with third parties
We may seek and use personal information about you from, and use or disclose personal information about you to, third parties in relation to or in connection with the potential or actual rental of a property, the sale and purchase of a property or other business or administrative functions for the real estate and/or strata agency. We may seek, disclose, and use such information without further notice to you. These third parties may include:
When someone leaves Presence
Sharing personal information with related companies
We may share personal information about you with our related companies for any of the purposes described above.
Sharing personal information outside of Australia
We may store information about you in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries through an internet connection it is not always practical to know in which country personal information about you may be held. In some cases, the organisations and third parties that we may disclose your information to may be based outside Australia. For example, we may share your information with our third parties in:
We take reasonable steps to make sure the overseas recipients of your personal information do not breach the privacy obligations relating to it.
We will always take reasonable steps to ensure that any overseas organisation that receives your personal information will comply with the Act.
Personal Information and AI
Presence may use AI to support tasks such as drafting communications, improving efficiency, analysing data trends or assisting with customer service.
When Presence uses AI, we take steps to ensure that any personal information processed is handled in line with the APPs and this Privacy Policy. We apply human oversight to AI-assisted outputs to ensure accuracy and appropriateness. If your personal information is entered into, or generated by, an AI system, it is treated as personal information under the Act. This means:
In some cases, Presence may elect to use AI tools that may assist in decision-making processes. However, decisions that may have a significant effect on individuals will not be made solely by AI. A human decision-maker will always review and be responsible for the outcome.
You have the right to ask us whether your personal information has been used in an AI system, and to request access, correction or further details about that use. Please contact the Privacy Officer on the details in this policy if you have any queries, questions or concerns.
If you do not provide personal information
If you do not provide your personal information to us, it may not be possible to provide you with the service that you have requested or applied for, for example:
Personal information about other people
If you give us personal information about any other person in relation to, or in connection with, the rental/lease or sale of any property:
Anonymity and pseudonymity
We are not always able to deal with people who do not wish to identify themselves or provide customer due diligence information required by law. This will be particularly the case when we are proposing to, or we do, act for a vendor or a landlord in relation to either the sale or rental/lease of any property. This will also apply where we are also dealing with actual or prospective tenants for any rental property that we manage.
Further, we are not able to allow people through any property inspections who do not wish to identify themselves as this can create security and other concerns for the property owner (among other considerations).
However, where possible, we can provide information of a general nature such as, for example, we can respond to general telephone and related enquiries about a rental/lease or sale property to unidentified individuals. Of course, if an individual makes an enquiry by email or other electronic or written methods then there is every possibility that the mode of communication may identify you.
Security
We take reasonable steps to protect all information which we hold (including any personal or sensitive information) from misuse, loss, unauthorised access, modification or disclosure.
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
Links
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the contents of any third party website. Third party websites are responsible for informing you about their own privacy practices.
Marketing and opt-out
We may also use the information, including personal information (excluding sensitive information), provided by you for marketing and research purposes, to analyse and improve products, services and benefits and to inform you of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to you, unless you tell us, or have previously told us not to. We will not use your sensitive information for these purposes without your consent.
Cookies
When you access our website, we may send a “cookie” (which is a small file containing a unique ID number) to your computer or device. This enables us to recognise your computer or device. It also enables us to keep track of your activity on our website for a period of time. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
We may log IP addresses (that is, the electronic addresses of computers and devices connected to the internet) to analyse trends, administer the website and track users movements.
Accessing your Personal Information
Unless we are entitled to withhold access to your personal information (and there are various reasons why this may be the case), you have the right to request access to any personal information held by us which relates to you. We may charge a reasonable fee where access to personal information is provided. Any requests for access to your personal information should be made in writing to the Privacy Officer (details specified below). You also have the right to request the correction of any personal information which relates to you that is inaccurate, incomplete, irrelevant, misleading or out-of-date.
Complaints
If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will deal with the complaint in accordance with our then current complaints handling procedure.
If you require any further information about our management of personal information or have any queries or complaints, you should contact:
The Privacy Officer
Presence Real Estate
PO Box 1089
02 49260600
privacy@presence.com.au
Disclosure of potential rebates, discounts, commissions and beneficial relationships
In accordance with our duties of disclosure pursuant to section 47 of the Property and Stock Agents Act 2002 (NSW) and as part of our commitment to transparency, we disclose any relationships, referral arrangements, or benefits that may arise from recommending third-party services during the course of your property campaign or management. We outline the name of the third party, the nature of our relationship and any referral fees or benefits we may receive;
Finance Partners
We collaborate with carefully selected finance providers. If a client we refer settles a loan, we may receive a referral fee, at no additional cost to the borrower:
Provider: Flint Group
Referral Fee: 20% of Flints upfront commission
Example Calculation: $250,000 loan @ 0.65% = $1,625 + GST -> Referral: $325 + GST
Provider: Loan Market
Referral Fee: 33% of Loan Markets upfront commission
Example Calculation: $250,000 loan @ 0.6% = $1,500 -> Referral: $495
Provider: Shore Financial
Referral Fee: 25% of Shore Financials upfront commission
Example Calculation: $250,000 loan @ 0.6% = $1,500 -> Referral: $375
Licensed Real Estate Agents
We may refer you to other licensed real estate professionals (including residential, commercial or buyers’ agents) where its in your best interest. If the referral leads to a listing or sale, we may receive a referral fee of up to 20% of the total commission earned by the other agency.
Example: $20,000 fee = $4,000 referral fee.
Utility & Service Connections Movinghub Pty Ltd ABN: 64 637 137 154
If we refer you to Movinghub for electricity, gas, or internet connections, we may receive a referral fee from the provider (inclusive of GST):
– Electricity: $110, Natural Gas: $110, Internet: $66
Advertising Platforms
We regularly work with key advertising partners who may, from time to time, offer rebates or benefits related to advertising volume:
– realestate.com.au Benefits may include: Community grants (up to $1,500, twice annually), Advantage program rebates (up to $15,000 annually for training, events, or office needs)
– Domain.com.au and Newcastle Herald (Fairfax Pty Ltd) May offer volume-based rebates, discounted rates, or tickets to events and training.
Presence-Related Entities
– NexR Pty Ltd A licensed real estate entity owned by a director of Presence. If a client is referred between NexR and Presence and the referral results in a transaction, a referral fee of up to 20% may apply. Example: $15,000 fee = $3,000 referral fee.
– Presence Property Management Newcastle Region If a vendor or buyer is referred to our property management division, the referring sales agent may receive 30% of the first weeks rent as a referral fee.
Presence Newcastle, Lake Macquarie, Central Coast & Hunter – Terms & Conditions of Trade
1.1 “Agency” means Kenterprise Pty Ltd T/A Presence Newcastle, Lake Macquarie, Central Coast & Hunter its successors and assigns or any person acting on behalf of and with the authority of Kenterprise Pty Ltd T/A Presence Newcastle, Lake Macquarie, Central Coast & Hunter.
1.2 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including, but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.3 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.4 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Vendor does not wish to allow Cookies to operate in the background when using the Agency’s website, then the Vendor shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
1.5 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
1.6 “Incidental Items” means any goods, documents, designs, drawings, or materials supplied, consumed, created, or deposited incidentally by the Agency in the course of it conducting, or supplying to the Vendor, any Services.
1.7 “Price” means the Price payable (plus any GST where applicable) for the Services as agreed between the Agency and the Vendor in accordance with clause 6 of this Contract.
1.8 “Services” mean all Services supplied by the Agency to the Vendor at the Vendor’s request from time to time.
1.9 “Vendor” means the person/s, entities or any person acting on behalf of and with the authority of the Vendor requesting the Agency to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation, and:
2.1 The parties acknowledge and agree that:
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.3 Notwithstanding clause 2.2, the Vendor accepts and acknowledges any additional requests made by the Vendor after the signed acceptance of the Agent’s quotation must be confirmed in writing by email or fax, the Vendor shall be liable for any additional costs incurred by the Agent for such changes and these shall be invoiced in accordance with clause 6.2.
2.4 All advertising costs shown may include a placement, proofing, or composition charge by the Agency which is subject to vary from item to item payable once the property has been set live to the internet and/or photography is taken.
2.5 The Vendor acknowledges and agrees where an Auctioneer’s services are engaged, such cost is non-refundable once booked, regardless if the property is withdrawn from sale or sold prior to auction. Any un-booked advertising will be refunded to the Vendor if not used at either the settlement of sale or in the case of withdrawal once all accounts are finalised.
2.6 These terms and conditions are meant to be read in conjunction with the Agency’s “Property Marketing Package.”
2.7 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act. The Vendor acknowledges that electronic transmissions are inherently insecure, can be corrupted or intercepted, may not be delivered and/or may contain viruses. The Agency is not responsible to the Vendor for any loss suffered in connection with the use of e-mail as a form of communication with the Vendor.
3.1 The Vendor acknowledges and accepts that the Agency shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
3.2 In circumstances where the Vendor is required to place an order for the Services, in writing, or otherwise as permitted by these terms and conditions, the Vendor is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for the Services (whether they are made to order Incidental Items or not) (“Vendor Error”). The Vendor must pay for all Services it orders from the Agency notwithstanding that such Services suffer from a Vendor Error and notwithstanding that the Vendor has not taken or refuses to take delivery of such Services. The Agency is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Vendor Errors.
4.1 Unless otherwise limited as per clause 4.2, the Vendor agrees that should the Vendor introduce any third-party to the Agency as the Vendor’s duly authorised representative, that once introduced that person shall have the full authority of the Vendor to order any materials or Services on the Vendor’s behalf and/or to request any variation to the Services on the Vendor’s behalf (such authority to continue until all requested Services have been completed or the Vendor otherwise notifies the Agency in writing that said person is no longer the Vendor’s duly authorised representative).
4.2 In the event that the Vendor’s duly authorised representative as per clause 4.1 is to have only limited authority to act on the Vendor’s behalf then the Vendor must specifically and clearly advise the Agency in writing of the parameters of the limited authority granted to their representative.
4.3 The Vendor specifically acknowledges and accepts that they will be solely liable to the Agency for all additional costs incurred by the Agency (including, the Agency’s profit margin) in providing any materials, Services or variation/s requested by the Vendor’s duly authorised representative (subject always to the limitations imposed under clause 4.2 (if any)).
5.1 The Vendor shall give the Agency not less than fourteen (14) days prior written notice of any proposed change of ownership of the Vendor and/or any other change in the Vendor’s details (including, but not limited to, changes in the Vendor’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Vendor shall be liable for any loss incurred by the Agency as a result of the Vendor’s failure to comply with this clause.
6.1 At the Agency’s sole discretion, the Price shall be either:
6.2 The Agency reserves the right to change the Price in the event of a variation to the Agency’s quotation (including clause 7). Any variation from the scheduled plan for the provision of Incidental Items or increases to the Agency in the cost of providing the agreed Incidental Items (beyond the reasonable control of the Agency) will be charged for on the basis of the Agency’s quotation and will be shown as variations on the invoice. The Vendor shall be required to respond to any variation submitted by the Agency within ten (10) working days. Failure to do so will entitle the Agency to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
6.3 Time for payment for the Services being of the essence, the Price will be payable by the Vendor on the date/s determined by the Agency, which may be:
6.4 Payment may be made by cheque, bank cheque, electronic/on-line banking, CampaignAgent payment system, or by any other method as agreed to between the Vendor and the Agency.
6.5 The Agency may in its discretion allocate any payment received from the Vendor towards any invoice that the Agency determines and may do so at the time of receipt or at any time afterwards. On any default by the Vendor the Agency may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Agency, payment will be deemed to be allocated in such manner as preserves the maximum value of the Agency’s Purchase Money Security Interest (as defined in the PPSA) in the Services.
6.6 The Vendor shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Vendor by the Agency nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Vendor must notify the Agency in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as the Agency investigates the disputed claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in the Agency placing the Vendor’s account into default and subject to default interest in accordance with clause 18.1.
6.7 Unless otherwise stated the Price does not include GST. In addition to the Price, the Vendor must pay to the Agency an amount equal to any GST the Agency must pay for any supply by the Agency under this or any other Contract for providing the Agency’s Services. The Vendor must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Vendor pays the Price. In addition, the Vendor must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
7.1 In order to change or amend any Incidental Items, the Vendor must give notice in writing of any change or amendment request. This must be received by the Agency no less than forty-eight (48) hours before the next release of the applicable Incidental Items. Any lesser notice shall not be accepted, and the Vendor shall remain liable for full payment of the cost of the provision of Services and use of the Incidental Items, which shall then proceed using the most recent version approved by the Vendor, unless the Agency agrees otherwise in writing.
7.2 Any changes to the “Property Marketing Package” must be approved by the Vendor or Vendor’s Representative and must be received in writing either via SMS, email, letter, messenger, app, or programme before proceeding with marketing upgrades (including, but not limited to, newspapers, advertising, signboards, floor plan, video, internet placement).
7.3 A photography session is included as part thereof the quotation. It is the Vendor’s responsibility to have the property ready for the photo-shoot and if specific angles are required, the Vendor must be present at the photo shoot or alternatively must request in writing three (3) days prior to shoot. A cancellation fee applies if photo-shoot is cancelled less than 12 hours before the scheduled time. Any bookings for a reshoot will incur a subsidized reshoot fee of $80 call out fee plus $50 per image or $150 for 5 images, unless otherwise agreed by the photographer.
8.1 Whilst every care is taken by the Agency to carry out the instructions of the Vendor, it is the Vendors responsibility to undertake a final proof reading of all Incidental Items that are being provided. The Agency shall be under no liability whatsoever for any errors in Incidental Items which has not been brought to the Agency’s attention immediately following the final proof reading.
9.1 Where the Agency is liable to the Vendor, then unless otherwise agreed in writing between the Vendor and the Agency, the maximum liability of the Agency to the Vendor howsoever arising shall not exceed the lesser of:
9.2 The Vendor agrees to indemnify the Agency, (including its partners, associates or employees) and any other person who may be sought to be made liable in excess of the limit of liability described in clause 9.1 in respect of any activity arising from, or connected with this Contract in respect of any claim of whatsoever kind, that may be made by any person and any costs and expenses that may be incurred by the Agent.
10.1 Any time specified by the Agency for delivery of the Services is an estimate only and the Agency will not be liable for any loss or damage incurred by the Vendor as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that the Agency is unable to supply the Services as agreed solely due to any action or inaction of the Vendor then the Agency shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.
11.1 Irrespective of whether the Agency retains ownership of any Incidental Items all risk for such items shall pass to the Vendor as soon as such items are delivered to the Vendor and shall remain with the Vendor until such time as the Agency may repossess the Incidental Items in accordance with clause 13.3(c). The Vendor must insure all Incidental Items on or before delivery.
11.2 The Agency reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Vendor’s failure to insure in accordance with clause 11.1.
12.1 The Vendor and the Agency shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services (including, but not limited to, the Property and Stock Agents Act 2002 (NSW) and the Anti Money Laundering and Counter-Terrorism Financing Act 2006(Cth)).
13.1 The Vendor acknowledges and agrees that the Vendor’s Obligations to the Agency for the provision of the Services shall not cease, and ownership of the Incidental Items shall not pass until:
13.2 Receipt by the Agency of any form of payment shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised and until then the Agency’s ownership in the Incidental Items or rights in respect of the Services shall continue.
13.3 It is further agreed that, until ownership of the Incidental Items passes to the Vendor in accordance with clause 13.1:
14.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
14.2 Upon assenting to these terms and conditions in writing the Vendor acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in:
14.3 The Vendor undertakes to:
14.4 The Agency and the Vendor agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
14.5 The Vendor waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
14.6 The Vendor waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
14.7 Unless otherwise agreed to in writing by the Agency, the Vendor waives their right to receive a verification statement in accordance with section 157 of the PPSA.
14.8 The Vendor must unconditionally ratify any actions taken by the Agency under clauses 14.3 to 14.5.
14.9 Subject to any express provisions to the contrary (including those contained in this clause 14), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
15.1 In consideration of the Agency agreeing to provide its Services, the Vendor grants the Agency a security interest by way of a floating charge (registerable by the Agency pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by the Vendor or owned by the Vendor in the future, to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Services under this Contract and/or permit the Agency to appoint a receiver to the Vendor in accordance with the Corporations Act 2001 (Cth).
15.2 The Vendor indemnifies the Agency from and against all the Agency’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Agency’s rights under this clause.
15.3 In the event that the Vendor defaults or breaches any term of this Contract and as a result, the security provided in clauses 13.1, 14.2 and 15.1 as applicable, is deemed insufficient by the Agency to secure the repayment of monies owed by the Vendor to the Agency, the Vendor hereby grants the Agency a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by the Vendor now, or owned by the Vendor in the future, to secure the performance of the Vendor of its obligations under these terms and conditions (including, but not limited to, the payment of any money.
16.1 Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
16.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
16.3 If the Vendor is a consumer within the meaning of the CCA, the Agency’s liability is limited to the extent permitted by section 64A of Schedule 2.
16.4 If the Agency is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then the Agency may refund any money the Vendor has paid for the Services but only to the extent that such refund shall take into account the value of Services and Incidental Items which have been provided to the Vendor which were not defective.
17.1 The Vendor agrees that the Agency may (at no cost) use for the purposes of marketing or entry into any competition, any Incidental Items which the Agency has created for the Vendor.
18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Agency’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
18.2 If the Vendor owes the Agency any money, the Vendor shall indemnify the Agency from and against all costs and disbursements:
in regard to legal costs on a solicitor and own client basis incurred in exercising the Agency’s rights under these terms and conditions, internal administration fees of ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00), the Agency’s Contract fees owing for breach of these terms and conditions, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
18.3 Further to any other rights or remedies the Agency may have under this Contract, if a Vendor has made payment to the Agency, and the transaction is subsequently reversed, the Vendor shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Agency under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Vendor’s obligations under this Contract.
18.4 Without prejudice to the Agency’s other remedies at law the Agency shall be entitled to cancel all or any part of any order of the Vendor which remains unfulfilled and all amounts owing to the Agency shall, whether or not due for payment, become immediately payable if:
19.1 Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply of Services to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.
19.2 If the Agency, due to reasons beyond the Agency’s reasonable control (including where necessary to comply with any applicable law), is unable to deliver any Services to the Vendor, the Agency may cancel any Contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Vendor. On giving such notice the Agency shall repay to the Vendor any money paid by the Vendor for the Services. The Agency shall not be liable for any loss or damage whatsoever arising from such cancellation.
19.3 The administration levy is due and payable once photography has been booked for the property. If a listing is withdrawn or postponed prior to marketing and/or prior to the photography being booked but after the Contract of sale has been ordered by the Agency, a reduced administration levy of two hundred and fifty five dollars ($255.00) shall then be due and payable for all labour and costs incurred to date.
20.1 Both the Vendor and the Agency agree to treat all information and ideas communicated to it by the other confidentially and agree not to divulge it to any third-party, without the other party’s written consent. The parties will not copy any such information supplied and will either return it or destroy it (together with any copies thereof) on request of the other party.
20.2 Exceptions to clause 20.1 will be disclosures to legal advisers, disclosures required by law, and disclosures necessary for the proper performance of the Services.
21.1 All emails, documents, images, or other recorded information held or used by the Agency is Personal Information, as defined and referred to in clause 21.3, and therefore considered Confidential Information. The Agency acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Agency acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Vendor’s Personal Information, held by the Agency that may result in serious harm to the Vendor, the Agency will notify the Vendor in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Vendor by written consent, unless subject to an operation of law.
21.2 Notwithstanding clause 21.1, privacy limitations will extend to the Agency in respect of Cookies where the Vendor utilises the Agency’s website to make enquiries. The Agency agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Vendor’s:
If the Vendor consents to the Agency’s use of Cookies on the Agency’s website and later wishes to withdraw that consent, the Vendor may manage and control the Agency’s privacy controls via the Vendor’s web browser, including removing Cookies by deleting them from the browser history when exiting the website.
21.3 The Vendor agrees for the Agency to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Vendor in relation to credit provided by the Agency.
21.4 The Vendor agrees that the Agency may exchange information about the Vendor with those credit providers and with related body corporates for the following purposes:
21.5 The Vendor consents to the Agency being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.
21.6 The Vendor agrees that personal credit information provided may be used and retained by the Agency for the following purposes (and for other agreed purposes or required by):
21.7 The Agency may give information about the Vendor to a CRB for the following purposes:
21.8 The information given to the CRB may include:
21.9 The Vendor shall have the right to request (by e-mail) from the Agency:
21.10 The Agency will destroy Personal Information upon the Vendor’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
21.11 The Vendor can make a privacy complaint by contacting the Agency via e-mail. The Agency will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Vendor is not satisfied with the resolution provided, the Vendor can make a complaint to the Information Commissioner at www.oaic.gov.au.
22.1 Where the Vendor has left any item with the Agency for repair, modification, exchange or for the Agency to perform any other service in relation to the item and the Agency has not received or been tendered the whole of any monies owing to it by the Vendor, the Agency shall have, until all monies owing to the Agency are paid:
22.2 The lien of the Agency shall continue despite the commencement of proceedings, or judgment for any monies owing to the Agency having been obtained against the Vendor.
23.1 Any written notice given under this Contract shall be deemed to have been given and received:
23.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
24.1 If the Vendor at any time upon or subsequent to entering into the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not the Agency may have notice of the Trust, the Vendor covenants with the Agency as follows:
25.1 Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including, arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.
25.2 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
25.3 These terms and conditions and any Contract to which they apply shall be governed by the laws of New South Wales, the state in which the Agency has its principal place of business and are subject to the jurisdiction of the Newcastle Courts in New South Wales.
25.4 The Agency may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Vendor’s consent provided the assignment does not cause detriment to the Vendor.
25.5 The Vendor cannot licence or assign without the written approval of the Agency.
25.6 The Agency may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Vendor agrees and understands that they have no authority to give any instruction to any of the Agency’s sub-contractors without the authority of the Agency.
25.7 The Vendor agrees that the Agency may amend their general terms and conditions for subsequent future Contracts with the Vendor by disclosing such to the Vendor in writing. These changes shall be deemed to take effect from the date on which the Vendor accepts such changes, or otherwise at such time as the Vendor makes a further request for the Agency to provide Services to the Vendor.
25.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments, including but not limited to, any Government imposed border lockdowns, etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Vendor to make a payment to the Agency.
25.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
25.10 The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.
25.11 If part or all of any term of this Contract is or becomes invalid, illegal or unenforceable, it shall be severed from this Contract and shall not affect the validity and enforceability of the remaining terms of this Contract.
How does this policy change over time?
Presence may update this Privacy Policy from time to time to reflect changes in our business, technology, or legal obligations. The most current version will always be available on our website and will take effect from the date it is published.
This Privacy Policy was last updated on September 11, 2025
While we are committed to following this policy in practice, it is not a contract and does not create legal obligations for Presence beyond what is required by law. There may be times where it is necessary or appropriate for us to act outside of the policy. In those situations, we will always act in line with your statutory rights under the Privacy Act and other applicable legislation, as well as any contractual rights you hold with us.
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