Terms of Service — Cranbourne West

1. Introduction and Agreement

1.1 About These Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and House And Land Packages Pty Ltd (ABN 92 631 641 408) ("HALP", "we", "us", or "our"). By accessing or using any of our websites, platforms, or services, you agree to be bound by these Terms.

For Advertisers (including agents, builders, and developers), these Terms also include the Listing Agreement, which is incorporated by reference. In the event of any inconsistency between these Terms and the Listing Agreement regarding listing specifics, the Listing Agreement shall prevail.

1.2 Our Platforms

These Terms apply to all HALP platforms, including www.halp.com.au, www.boutiquedevelopments.com.au, associated mobile applications, and any related websites, features, or services within our network.

1.3 Acceptance of Terms

By accessing or using our services you acknowledge that you have read and understood these Terms; agree to be bound by these Terms and our Privacy Policy; represent that you are at least 18 years of age; and represent that you have authority to enter into this agreement. If you do not agree, cease using our services.

1.4 Changes to Terms

We may modify these Terms at any time. We will update the "Last Updated" date, notify registered users, and display prominent notices for material changes. Changes take effect immediately upon posting (or as otherwise specified). Continued use constitutes acceptance.

2. Description of Services

2.1 Platform Services

HALP operates specialised property discovery and business directory platforms providing house and land listings, off-the-plan property information, new development details, boutique property showcases, school zone integration, calculators and tools, mortgage broker connections, market insights and guides; business listings (freemium), enhanced visibility for premium subscribers, lead management, profile management, and multi-platform advertising; property alerts, saved searches, mortgage and finance calculators, educational content, market data, and CRM integration.

2.2 Nature of Service

Information Platform: HALP is an information and advertising platform. We facilitate connections, aggregate information, and provide tools. We are not a real estate agent, developer, builder, or financial advisor.

Lead Routing: Property listing inquiries go directly to the listing agent, developer or builder. HALP does not store or process those inquiries. Contact Us / Join Us / Advertise With Us forms are managed by HALP.

No Agency Relationship: HALP does not act as your agent, provide property/financial/legal/tax advice, bind you to any transaction, guarantee accuracy of third-party listings, or control how listing agents use your inquiry information.

2.3 Service Availability

Services are provided "as is" and "as available". We may modify, suspend or discontinue services at any time. Scheduled maintenance may cause temporary interruptions. Our infrastructure includes AWS (hosting/backups), Synergywholesale (domain), Google Workspace (email), Stripe (payments), Pipedrive and ActiveCampaign (CRM), and Zapier (automation). Providers may change over time.

3. User Accounts and Registration

3.1 Account Creation

You must provide accurate information, be at least 18, and hold a valid ABN/ACN for business accounts. Only one account per person.

3.2 Account Security

You are responsible for all activity under your account, keeping your password secure, and notifying us of unauthorised access.

3.3 Account Termination

We may suspend or terminate your account for breach, false information, fraud, non-payment, or extended inactivity. You may terminate anytime by contacting support@halp.com.au.

4. User Conduct and Prohibited Activities

You must comply with all applicable laws and use services lawfully. Prohibited activities include misuse of platform (bots/scrapers, unauthorised access, reverse engineering, circumvention of security), harmful content (false info, malware, spam, phishing, impersonation), illegal activities (fraud, IP infringement, money laundering), abuse/harassment, and commercial misuse (unauthorised resale, competing platforms, aggregating listings).

Violations may result in immediate account suspension or termination, content removal, legal action, reporting to authorities, and permanent ban.

5. Property Listings and Information

5.1 Third-Party Content

Property listings are provided and owned by developers, builders, agents, and third-party data providers. HALP does not own or control third-party listings, verify all listing information, endorse any provider, or guarantee availability or pricing.

5.2 Information Accuracy

Property information may change without notice. Prices, availability and specifications are subject to change; images and renderings may not reflect the final product; sizes are approximate; school zone information is for reference only. Always verify critical information directly with the property provider.

5.3 No Warranties on Listings

We expressly disclaim all warranties regarding accuracy, completeness or currency of property information, availability, fitness for purpose, and title/condition/quality.

5.4 School Zone Information

School zone data is sourced from government databases and third-party providers, provided for general reference, subject to change, and not guaranteed to be current. Always verify catchments with the relevant education department and the specific school before making purchase decisions.

6. Business Directory Listings

To advertise, hold a valid ABN/ACN, be a legitimate operating business, comply with applicable laws, provide accurate information, and hold necessary licences. Listings must accurately describe services and comply with Australian Consumer Law. Prohibited: illegal goods/services, false claims, professional-code violations, bait advertising, discriminatory content, IP infringement.

Free listings: basic presence, subject to acceptance. Premium subscriptions: enhanced visibility, monthly/annual payment, subject to separate subscription terms, auto-renewal unless cancelled.

You must respond to inquiries promptly and professionally, comply with privacy laws, and honour representations in your listing. We may remove or suspend listings for breach, credible complaints, non-payment, unlicensed operation or prohibited content.

7. Payment Terms (Advertiser Subscriptions)

7.1 Fees and Pricing

Pricing is as displayed on our website or in the applicable Listing Agreement, subject to change with 30 days notice. Fees are in AUD, exclusive of GST unless stated (GST added at checkout where applicable).

7.2 Payment Processing

Unless expressly stated otherwise, standard payment processing fees are included. Payments are processed via Stripe (PCI-DSS Level 1). We do not store complete card numbers. Payment flow: enter details on our secure form → encrypted and sent to Stripe → Stripe processes → we activate service → Stripe stores tokenised payment info for recurring subscriptions. All payment pages use SSL encryption.

7.3 Billing and Renewals

Subscriptions auto-renew unless cancelled. You are charged on your billing date; payment failures may result in suspension.

7.4 Cancellation and Refunds

Cancel anytime before next billing date; cancellation takes effect at end of current period. No partial refunds for unused time. No refunds for voluntary cancellations. Pro-rata refunds for technical issues preventing service access, processed within 14 business days.

7.5 Non-Payment

We may retry payment. Accounts may be suspended after 7 days; listings removed after 14 days. You remain liable for unpaid fees; collection fees may apply.

8. Intellectual Property Rights

8.1 Our IP

All content and materials on our platforms are owned by HALP or licensed to us, including logos, trademarks ("HALP", "House And Land Packages", "Boutique Developments"), design, layout, software, text, graphics, images, videos, and data compilations.

8.2 Limited Licence to Users

We grant a limited, non-exclusive, non-transferable, revocable licence to access and use our platforms for personal, non-commercial purposes. You may not reproduce, distribute, publicly display, modify, or create derivative works from our content.

8.3 User-Generated Content

You retain ownership of content you submit and grant us a worldwide, royalty-free licence to use, reproduce, modify and display it.

8.6 Copyright Infringement

Contact legal@halp.com.au with details and proof of ownership if you believe content on our platform infringes your copyright.

9. Disclaimers and Limitations

9.1 No Professional Advice

HALP does not provide financial, mortgage, investment, legal, tax, or real-estate advice. Calculators and tools provide estimates only. Consult qualified professionals.

9.2 Third-Party Relationships

We facilitate connections but do not control third parties or guarantee their services and are not party to contracts between you and them.

9.3 Data Accuracy

Information may contain errors or be outdated; we are not liable for decisions based on our information.

9.4 Service Availability

We do not guarantee continuous, uninterrupted, error-free operation or compatibility with all devices. We are not responsible for failures with third-party services (AWS, Stripe, etc.).

9.5 Payment Processing

We cannot guarantee absolute security. Keep credentials secure and report unauthorised transactions immediately. Stripe's terms also apply.

10. Limitation of Liability

10.1 Exclusion of Liability

To the maximum extent permitted by law, HALP is not liable for direct or indirect damages including loss of profits, data, opportunities, cost of substitute services, consequential, incidental, special or punitive damages, arising from your use, errors, third-party conduct, unauthorised account access, service interruptions, or property transactions you enter into.

10.2 Maximum Liability

Where liability cannot be excluded by law, our total liability is limited to $100 AUD for free services, or the lesser of $1,000 AUD or the amount you paid us in the 12 months prior for paid services.

10.3 Consumer Guarantees

Nothing in these Terms excludes rights under the Australian Consumer Law that cannot be excluded. Where guarantees apply, our liability for breach is limited (at our option) to re-supplying the services or paying the cost of having services re-supplied.

10.4 Indemnification

You agree to indemnify HALP and its affiliates from claims arising from your breach of these Terms, violation of law or third-party rights, use of our services, submitted content, or interactions with other users or third parties.

11. Dispute Resolution

11.1 Informal Resolution

Contact legal@halp.com.au. Allow 30 days for investigation and good-faith discussions.

11.2 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.

11.3 Arbitration (Optional)

Either party may request arbitration under ADRA rules, by a single arbitrator, conducted in Sydney NSW. Each party bears their own costs unless otherwise determined.

11.4 Class Action Waiver

To the extent permitted by law, disputes will be resolved on an individual basis; class action rights are waived.

11.5 Injunctive Relief

Nothing prevents either party from seeking injunctive relief in court for IP infringement, breach of confidentiality, prohibited activities or irreparable harm.

17.2 Property Listing Inquiry Flow

When you submit a property listing inquiry, your information is sent directly to the listing agent/developer. HALP does not store, read, or process your inquiry. The advertiser becomes responsible for your information and their privacy policy governs its use. HALP provides the technology infrastructure and routes your inquiry in real time — it does not store, access, share, control, or guarantee advertiser response.

17.3 Platform Inquiry Forms

When you use platform forms (Contact Us, Join Us, Advertise With Us) HALP collects and stores your information in Pipedrive/ActiveCampaign with supporting documents in Google Drive. Our Privacy Policy governs this data.

17.4 User Acknowledgment

By using any inquiry form you acknowledge property listing inquiries go directly to advertisers, HALP is not responsible for how advertisers handle your information, and platform inquiries are managed by HALP per our Privacy Policy.

17.5 Advertiser Obligations

Advertisers must handle inquiries in accordance with privacy laws, maintain their own privacy policy, use inquiry information only for legitimate purposes, not spam, and comply with Australian Consumer Law.

12. General Provisions

12.1 Entire Agreement

These Terms together with our Privacy Policy and referenced policies constitute the entire agreement.

12.2 Severability

If any provision is invalid, it will be limited or eliminated to the minimum extent necessary; the remaining provisions continue in full force.

12.3 No Waiver

Failure to enforce a provision does not waive our right to enforce it in future.

12.4 Assignment

You may not assign these Terms without our written consent. We may assign to any affiliate or in connection with a merger, acquisition, or sale.

12.7 Third-Party Rights

These Terms do not create rights for any third parties unless explicitly stated.

12.8 Notices

To you: by email, website posting, or in-app notification. To us: House And Land Packages Pty Ltd, 235 Glen Huntly Road, Elsternwick VIC 3185. Email: legal@halp.com.au.

12.9 Language

These Terms are written in English; any translation is for convenience only.

13. Special Terms for Specific Services

13.1 Mortgage Calculator Terms

Calculators provide estimates only (not pre-approvals) using average rates and standard assumptions.

13.2 School Zone Data Terms

School zone information is aggregated from public government databases, provided "as is", subject to change, and for research purposes only. Verify with the relevant state education department and the specific school. Enrolment is not guaranteed by living in a catchment.

13.3 Property Alerts and Notifications

By subscribing you consent to receive emails and SMS notifications. You can modify or cancel anytime.

13.4 Home Loan Referral Terms

We may receive a referral fee or commission. Brokers are independent third parties. We do not guarantee loan approval; you may use any broker or lender.

14. Contact Information

14.1 Customer Support

General: support@halp.com.au · 1300 137 406 · Mon–Fri 9:00 AM–5:00 PM AEST. Technical: tech@halp.com.au. Business Listings: business@halp.com.au.

14.2 Legal and Compliance

Legal: legal@halp.com.au. Privacy: privacy@halp.com.au. Copyright: copyright@halp.com.au.

16. Definitions

Platform: All HALP websites, mobile applications, and related services. User: Any person or entity using our services. Content: All information, text, images, data, software and materials on our platforms. Property Provider: Developers, builders, agents and other listing entities. Advertiser: Professionals and businesses advertising in our directory. Personal Information: As given in the Privacy Act 1988. Listing: Any property advertisement, business directory entry or content posted on our platforms.

15. Frequently Asked Questions

These FAQs summarise key aspects of these Terms of Service. The body of these Terms prevails in case of any inconsistency.

Q: What is HALP and what does it do? HALP operates property discovery and business directory platforms including halp.com.au and boutiquedevelopments.com.au. We facilitate connections — we are not a real estate agent, developer, builder or financial advisor.

Q: Who can use HALP's services? You must be at least 18. Business accounts require a valid ABN or ACN.

Q: What happens when I submit a property inquiry? It goes directly to the listing agent/developer/builder. HALP does not store, read or process these inquiries. Contact Us / Join Us / Advertise With Us are managed by HALP.

Q: How accurate is the property and school zone information? Sourced from third parties and government databases; may contain errors or become outdated. Always verify with the property provider, education department or school.

Q: How do advertiser subscriptions and payments work? Fees in AUD, exclusive of GST unless stated. Processed via Stripe. Subscriptions auto-renew unless cancelled; pricing may change with 30 days notice.

Q: Can I get a refund if I cancel? Cancel anytime before next billing date; cancellation takes effect at end of the current period. No refunds for voluntary cancellations. Pro-rata refunds for technical issues within 14 business days.

Q: What is HALP's liability if something goes wrong? Capped at $100 AUD for free services, or the lesser of $1,000 AUD or amount paid in the prior 12 months for paid services. Australian Consumer Law rights are preserved.

Q: What laws govern these Terms and how are disputes resolved? Governed by the laws of New South Wales. Contact legal@halp.com.au first; optional arbitration in Sydney under ADRA rules; class actions waived where permitted.

Q: Can HALP change these Terms? Yes. HALP will update the "Last Updated" date and notify users; continued use constitutes acceptance.

Q: How do I contact HALP? Support: support@halp.com.au · 1300 137 406, Mon–Fri 9–5 AEST. Legal: legal@halp.com.au. Privacy: privacy@halp.com.au. Copyright: copyright@halp.com.au. Postal: 235 Glen Huntly Road, Elsternwick VIC 3185.