TERMS OF SERVICE

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 but not limited to:

www.halp.com.au
www.boutiquedevelopments.com.au
Associated mobile applications
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
Represent that you have the authority to enter into this agreement

If you do not agree with these Terms, you must immediately cease using our services.

1.4 Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

We will update the "Last Updated" date above
We will notify registered users via email
Material changes will be prominently displayed on our websites
Changes take effect immediately upon posting (or as otherwise specified)

Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

2. Description of Services

2.1 Platform Services

HALP operates specialized property discovery and business directory platforms providing:

Property Services:

House and land package listings and searches
Off-the-plan property information
New development project details
Boutique and luxury property showcases
School zone integration and mapping
Property calculators and tools
Mortgage broker connections
Property market insights and guides

Business Directory Services:

Professional business listings (freemium model)
Enhanced visibility for premium subscribers
Lead generation and inquiry management
Business profile management
Multi-platform advertising reach

Supporting Services:

Property alerts and notifications
Saved searches and favorites
Mortgage and finance calculators
Educational content and buying guides
Market research and data
CRM integration for business users

2.2 Nature of Service

Information Platform: HALP is an information and advertising platform. We:

Facilitate connections between property seekers and property providers
Aggregate and display property and business information
Provide tools to assist in property research and decision-making
Are not a real estate agent, developer, builder, or financial advisor

Lead Routing: When you submit an inquiry about a property listing:

Your inquiry goes directly to the listing agent, developer, or builder
HALP does not store, process, or access property-specific inquiries
The property advertiser is responsible for handling your information
You should review the advertiser's privacy policy before inquiring

When you use our platform inquiry forms (Contact Us, Join Us, Advertise With Us):

Your information is collected and managed by HALP
Inquiries are stored in our CRM systems (Pipedrive, ActiveCampaign)
Supporting information may be stored in Google Drive
This Privacy Policy governs how we handle these inquiries

No Agency Relationship: HALP does not:

Act as your agent or representative
Provide property, financial, legal, or tax advice
Have any authority to bind you to any transaction
Guarantee the accuracy of third-party listings or information
Control how listing agents use your inquiry information

2.3 Service Availability

We strive to provide continuous service availability but:

Services are provided "as is" and "as available"
We may modify, suspend, or discontinue services at any time
Scheduled maintenance may cause temporary interruptions
We are not liable for service interruptions or unavailability

Platform Infrastructure: Our services are delivered through:

Hosting & Infrastructure: Amazon Web Services (AWS)
Backups: Amazon Web Services (AWS)
Domain Hosting: Synergywholesale
Business Email: Google Workspace
Payment System: Stripe payment gateway
CRM Systems: Pipedrive and ActiveCampaign
Automation: Zapier (connects systems and automates workflows)

We maintain regular backups and implement redundancy measures, but cannot guarantee 100% uptime.

These providers and technical components may change from time to time, and may differ between staging and production environments.

3. User Accounts and Registration

3.1 Account Creation

To access certain features, you may need to create an account. When registering:

You must provide accurate, current, and complete information
You are responsible for maintaining the confidentiality of your credentials
You must be at least 18 years of age
You may only create one account per person
Business accounts require valid ABN/ACN

3.2 Account Security

You are responsible for:

All activities that occur under your account
Maintaining the security of your password
Notifying us immediately of any unauthorized access
Ensuring no other person uses your account

We are not liable for losses arising from unauthorized account use.

3.3 Account Termination

We may suspend or terminate your account if:

You breach these Terms
You provide false or misleading information
Your account is used for fraudulent or illegal activities
You fail to pay applicable fees
Your account remains inactive for an extended period

You may terminate your account at any time by contacting us at support@halp.com.au.

4. User Conduct and Prohibited Activities

4.1 Acceptable Use

When using our services, you agree to:

Comply with all applicable laws and regulations
Use services only for lawful purposes
Provide accurate and truthful information
Respect the intellectual property rights of others
Act in good faith when contacting property providers or businesses

4.2 Prohibited Activities

You must not:

Misuse of Platform:

Use automated systems (bots, scrapers, robots) without authorization
Interfere with or disrupt platform functionality
Attempt to gain unauthorized access to any systems or data
Reverse engineer, decompile, or disassemble any platform components
Circumvent security measures or access controls

Harmful Content:

Post false, misleading, or deceptive information
Upload viruses, malware, or harmful code
Transmit spam, junk mail, or unsolicited communications
Engage in phishing or other fraudulent activities
Impersonate any person or entity

Illegal Activities:

Violate any applicable laws or regulations
Infringe intellectual property rights
Engage in money laundering or fraud
Facilitate illegal property transactions
Violate consumer protection or fair trading laws

Abuse and Harassment:

Harass, threaten, or abuse other users
Post discriminatory or hate speech content
Violate the privacy of others
Engage in stalking or intimidation

Commercial Misuse:

Resell or redistribute our services without authorization
Use our platform to compete with our business
Aggregate or scrape listings for competing platforms
Create multiple accounts to circumvent restrictions

4.3 Consequences of Violations

Violations may result in:

Immediate account suspension or termination
Removal of content or listings
Legal action and claims for damages
Reporting to law enforcement authorities
Permanent ban from our services

5. Property Listings and Information

5.1 Third-Party Content

Property listings and information are provided and owned by:

Property developers and builders
Real estate agents and agencies
Project marketing companies
Third-party data providers

HALP does not:

Own or control third-party listings
Verify the accuracy of all listing information
Endorse any particular property or provider
Guarantee the availability or pricing of properties

5.2 Information Accuracy

While we make reasonable efforts to ensure accuracy:

Property information may change without notice
Prices, availability, and specifications are subject to change
Images and renderings may not reflect final product
Land sizes and dimensions are approximate
School zone information is provided for reference only

Important: Always verify critical information directly with the property provider before making decisions.

5.3 No Warranties on Listings

We expressly disclaim all warranties regarding:

Accuracy, completeness, or currency of property information
Availability of advertised properties
Fitness of properties for any particular purpose
Title, condition, or quality of properties

5.4 School Zone Information

School zone data is:

Sourced from government databases and third-party providers
Provided for general reference and research purposes only
Subject to change based on government policy and enrollment
Not guaranteed to be current or accurate

Critical Notice: Always verify school catchment zones directly with the relevant education department and individual schools before making property purchase decisions. School zone boundaries change regularly, and enrollment is not guaranteed.

6. Business Directory Listings

6.1 Business Listing Requirements

To advertise in our business directory, you must:

Hold a valid ABN or ACN
Be a legitimate, operating business
Comply with all applicable business and advertising laws
Provide accurate business information
Hold necessary licenses and registrations for your profession

6.2 Listing Content Standards

Business listings must:

Accurately describe your services
Include current contact information
Use your own business name and logo (no infringement)
Comply with Australian Consumer Law
Not contain misleading or deceptive claims

6.3 Prohibited Business Activities

Business listings must not:

Promote illegal goods or services
Make false or unsubstantiated claims
Violate professional codes of conduct
Engage in bait advertising
Contain discriminatory content
Infringe third-party intellectual property

6.4 Business Subscription Terms

Free Listings:

Basic directory presence
Standard business information display
Subject to availability and acceptance

Premium Subscriptions:

Enhanced visibility and features
Require monthly or annual payment
Subject to separate subscription agreement
Auto-renewal unless canceled
Refund policy as stated in subscription terms

6.5 Lead Management

When you receive inquiries through our platform:

You must respond promptly and professionally
You are responsible for how you use customer information
You must comply with privacy laws and your own privacy policy
You may not spam or harass prospective customers
You must honor any representations made in your listing

6.6 Listing Removal

We may remove or suspend business listings if:

You breach these Terms
We receive credible complaints about your services
You fail to pay subscription fees
Your business is unlicensed or unregistered
Your listing contains prohibited content

7. Payment Terms (Advertiser Subscriptions)

7.1 Fees and Pricing

Pricing for subscriptions, listings, and other services is as displayed on our website or in the applicable Listing Agreement. Pricing for subscriptions, listings, promotions, and add-ons is as displayed on our website and/or at checkout, or in the applicable Listing Agreement.

Pricing is subject to change with 30 days notice.
All fees are in Australian Dollars (AUD). Prices are displayed exclusive of GST unless otherwise stated, and GST will be added at checkout where applicable.

7.2 Payment Processing

Unless we expressly state otherwise at checkout, standard payment processing fees are included in the advertised price.

Payments are processed via:

Stripe payment gateway (PCI-DSS Level 1 certified)
Automatic recurring billing for subscriptions
Secure encrypted transactions
No storage of complete credit card numbers on HALP servers.
The payment process is as follows:
1. You enter payment details on our secure payment form
1. Information is encrypted and sent directly to Stripe
1. Stripe processes the payment securely
1. We receive confirmation and activate your service
1. For recurring subscriptions, Stripe stores tokenized payment information

Payment Security:

All payment pages use SSL encryption
Stripe handles all sensitive card data
We never see or store your complete card number
PCI-DSS compliance through Stripe
Fraud monitoring and prevention

7.3 Billing and Renewals

Subscriptions auto-renew unless canceled
You will be charged on your billing date each period
Payment failures may result in service suspension
You are responsible for maintaining valid payment information

7.4 Cancellation and Refunds

Cancellation:

You may cancel anytime before next billing date
Cancellation takes effect at end of current billing period
No partial refunds for unused time in current period

Refund Policy:

No refunds for voluntary cancellations
Refunds for technical issues preventing service access (pro-rata)
Refunds processed within 14 business days

7.5 Non-Payment

If payment fails:

We will attempt to process payment multiple times
Your account may be suspended after 7 days
Your listing may be removed after 14 days
You remain liable for unpaid fees
Collection fees may be added

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content and materials on our platforms are owned by HALP or licensed to us, including:

logos and trademarks including "HALP", "House And Land Packages", "Boutique Developments"
Website design, layout, and functionality
Software, code, and algorithms
Text, graphics, images, and videos
Data compilations and databases
School zone data aggregations

These materials are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and use our platforms for personal, non-commercial purposes
View and search property listings
Use calculators and tools for your own property research
Download educational guides for personal use

You may not:

Reproduce, distribute, or publicly display our content without permission
Modify, adapt, or create derivative works
Use our content for commercial purposes
Remove copyright or proprietary notices

8.3 User-Generated Content

When you submit content to our platforms (reviews, testimonials, forum posts):

You retain ownership of your content
You grant us a worldwide, royalty-free license to use, reproduce, modify, and display your content
You represent that you have rights to grant this license
You agree your content may be used in our marketing materials

8.6 Copyright Infringement

If you believe content on our platform infringes your copyright:

Contact us at legal@halp.com.au
Provide details of the infringing content
Provide proof of your copyright ownership
We will investigate and take appropriate action

9. Disclaimers and Limitations

9.1 No Professional Advice

Financial Advice: HALP does not provide financial, mortgage, or investment advice. Our calculators and tools:

Provide estimates only
Are for general information purposes
Should not replace professional financial advice
May not account for all individual circumstances

Legal and Tax Advice: We do not provide legal or tax advice. Always consult:

A qualified solicitor or conveyancer for legal matters
A licensed tax professional for tax implications
A licensed financial advisor for investment decisions

Real Estate Advice: We are not licensed real estate agents. We do not:

Provide property valuations
Offer buying or selling advice
Represent buyers or sellers in transactions
Guarantee investment returns

9.2 Third-Party Relationships

HALP facilitates connections but:

Does not control the conduct of third parties
Is not responsible for the actions of property developers, agents, or brokers
Does not guarantee the quality of third-party services
Is not party to contracts between you and third parties

9.3 Data Accuracy

While we strive for accuracy:

Information may contain errors or omissions
Property data may be outdated
School information may change
Market data is for reference only
We are not liable for decisions based on our information

9.4 Service Availability

We do not guarantee:

Continuous, uninterrupted access
Error-free operation
Availability of specific features
Compatibility with all devices or browsers
Absence of viruses or malicious code

Third-Party Service Dependencies: Our platform relies on third-party services including:

Amazon Web Services (AWS) (hosting and infrastructure)
Stripe (payment processing)

We are not responsible for failures or issues with these third-party services, though we will make reasonable efforts to resolve problems promptly.

9.5 Payment Processing

Payment Security: While we use industry-standard security measures and PCI-DSS compliant payment processors (Stripe):

We cannot guarantee absolute security of payment information
You are responsible for keeping your payment credentials secure
Report unauthorized transactions immediately
Stripe's terms and conditions also apply to payment processing

10. Limitation of Liability

10.1 Exclusion of Liability

To the maximum extent permitted by law, HALP and its directors, officers, employees, and agents are not liable for:

Direct Damages:

Loss of profits or revenue
Loss of data or information
Loss of business opportunities
Cost of substitute services

Indirect Damages:

Consequential losses
Incidental damages
Special damages
Punitive damages

Any Damage Arising From:

Your use or inability to use our services
Errors or omissions in content
Third-party conduct or content
Unauthorized access to your account
Service interruptions or delays
Property transactions you enter into

10.2 Maximum Liability

Where liability cannot be excluded by law, our total liability to you for any claim is limited to:

For free services: $100 AUD
For paid services: The amount you paid us in the 12 months prior to the claim, or $1,000 AUD, whichever is less

10.3 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law or other applicable laws that cannot be excluded.

If the Australian Consumer Law applies:

Certain guarantees apply to our services
You may have remedies if guarantees are not met
Our liability for breach of consumer guarantees is limited to (at our option):
Re-supplying the services; or
Paying the cost of having services re-supplied

10.4 Indemnification

You agree to indemnify and hold harmless HALP, its affiliates, and their respective directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your breach of these Terms
Your violation of any law or third-party rights
Your use of our services
Content you submit to our platform
Your interactions with other users or third parties

11. Dispute Resolution

11.1 Informal Resolution

Before initiating legal proceedings, you agree to:

1. Contact us at legal@halp.com.au with details of your dispute
1. Allow us 30 days to investigate and respond
1. Engage in good faith discussions to resolve the matter

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)

For disputes not resolved informally, either party may request arbitration:

Under the Australian Dispute Resolution Association (ADRA) rules
By a single arbitrator agreed upon by both parties
With arbitration conducted in Sydney, New South Wales
Each party bears their own costs unless otherwise determined

11.4 Class Action Waiver

To the extent permitted by law, you agree:

Disputes will be resolved on an individual basis
You waive the right to participate in class actions
You may not bring claims on behalf of others

11.5 Injunctive Relief

Nothing prevents either party from seeking injunctive or equitable relief in court for:

Intellectual property infringement
Breach of confidentiality
Violation of prohibited activities
Irreparable harm

17.2 Property Listing Inquiry Flow

Important: Direct to Advertiser Routing

When you submit a property listing inquiry:

1. Your information is sent directly to the listing agent/developer
1. HALP does not store, read, or process your inquiry. This applies to property listing enquiry forms. Other platform forms (including Contact Us, Join Us, and Advertise With Us) are handled by HALP as described in Section 17.3.
1. The advertiser becomes responsible for your information
1. The advertiser's privacy policy governs their use of your data
1. HALP cannot retrieve, modify, or delete inquiries sent to advertisers

What HALP Does:

Provides the technology infrastructure for inquiry submission
Routes your inquiry in real-time to the advertiser
Does not store inquiry content or personal information
Acts as a technology conduit only

What HALP Does Not Do:

Store your property inquiries on our servers
Access or read inquiry content
Share inquiries with other parties
Control how advertisers use your information
Guarantee advertiser response times or practices

17.3 Platform Inquiry Forms

HALP's Responsibility:

When you use our platform forms (Contact Us, Join Us, Advertise With Us):

We collect and store your information
Information is managed in our CRM systems (Pipedrive, ActiveCampaign)
Supporting documents may be stored in Google Drive
Our Privacy Policy governs this data
We respond to your inquiry and may follow up
We protect your information according to our Privacy Policy

17.4 User Acknowledgment

By using any inquiry form on our platform, you acknowledge and agree that:

Property listing inquiries go directly to advertisers (not HALP)
You understand the advertiser will receive your contact information
You should review advertiser privacy policies before submitting inquiries
HALP is not responsible for how advertisers handle your information
Platform inquiries (Contact Us, etc.) are managed by HALP per our Privacy Policy

17.5 Advertiser Obligations

Listing agents and advertisers agree to:

Handle all inquiries in accordance with applicable privacy laws
Maintain their own privacy policy
Use inquiry information only for legitimate business purposes
Not spam or harass prospective customers
Comply with Australian Consumer Law and fair trading regulations

HALP is not responsible for advertiser compliance with these obligations but may remove listings of advertisers who violate these terms.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other terms and policies referenced herein, constitute the entire agreement between you and HALP regarding use of our services.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable:

That provision will be limited or eliminated to the minimum extent necessary
The remaining provisions will continue in full force and effect

12.3 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.

12.4 Assignment

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

12.7 Third-Party Rights

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

12.8 Notices

To You: We may provide notices by:

Email to your registered email address
Posting on our website
In-app notifications

You are responsible for ensuring your contact information is current.

To Us: Legal notices must be sent to: 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, and the English version prevails in case of conflict.

13. Special Terms for Specific Services

13.1 Mortgage Calculator Terms

Our mortgage calculators:

Provide estimates only, not pre-approvals
Use average interest rates and standard assumptions
May not account for all fees and charges
Do not consider your personal financial situation
Should not replace professional financial advice

Disclaimer: Calculator results are for illustration purposes. Actual loan terms, interest rates, and repayments will be determined by lenders based on their assessment of your application.

13.2 School Zone Data Terms

School zone information is:

Aggregated from public government databases
Provided "as is" without warranty of accuracy
Subject to change by education departments without notice
For research purposes only

Critical: School zone boundaries change frequently. Always verify with:

The relevant state education department
The specific school you're interested in
Local council planning departments

Enrollment in a school is not guaranteed by living in a catchment zone. Many factors affect school enrollment including capacity, sibling priority, and policy changes.

13.3 Property Alerts and Notifications

By subscribing to property alerts:

You consent to receive emails and SMS notifications
Alerts are sent based on your saved search criteria
We use your preferences to match properties
You can modify or cancel alerts anytime

Frequency of alerts depends on:

Market activity
Your search criteria specificity
New listing availability

13.4 Home Loan Referral Terms

When we connect you with mortgage brokers:

We may receive a referral fee or commission
Brokers are independent third parties
We do not guarantee loan approval
You are free to use any broker or lender
Brokers must be licensed and comply with responsible lending laws

14. Contact Information

14.1 Customer Support

General Inquiries:

Email: support@halp.com.au

Phone: 1300 137 406

Hours: Monday-Friday, 9:00 AM - 5:00 PM AEST

Technical Support:

Email: tech@halp.com.au

Business Listing Support:

Email: business@halp.com.au

14.2 Legal and Compliance

16. Definitions

Platform: All HALP websites, mobile applications, and related services.

User: Any person or entity that accesses or uses our services.

Content: All information, text, images, data, software, and materials on our platforms.

Property Provider: Developers, builders, real estate agents, and other entities listing properties.

Advertiser: Professionals and businesses advertising in our directory.

Personal Information: has the meaning given in the Privacy Act 1988.

Listing: Any property advertisement, business directory entry, or content posted on our platforms.

15. Frequently Asked Questions

The following FAQs summarise key aspects of these Terms of Service. They are provided for convenience only — in the event of any inconsistency, the body of these Terms prevails.

Q: What is HALP and what does it do?

A: HALP (House And Land Packages Pty Ltd) operates property discovery and business directory platforms, including halp.com.au and boutiquedevelopments.com.au. We facilitate connections between property seekers and providers — we are not a real estate agent, developer, builder, or financial advisor (see Sections 1 and 2).

Q: Who can use HALP's services?

A: You must be at least 18 years of age and have authority to enter into the agreement. Business accounts require a valid ABN or ACN (see Sections 1.3 and 3.1).

Q: What happens when I submit a property inquiry?

A: Property listing inquiries go directly to the listing agent, developer, or builder. HALP does not store, read, or process these inquiries — the advertiser becomes responsible for your information and their privacy policy governs its use. Inquiries via Contact Us, Join Us, or Advertise With Us forms are different — those are managed by HALP (see Section 17.2 and 17.3).

Q: How accurate is the property and school zone information?

A: Property information and school zone data are sourced from third parties and government databases. They may contain errors, become outdated, or change without notice. Always verify critical details — including school catchment zones — directly with the property provider, education department, or relevant school before making decisions (see Sections 5.2 and 5.4).

Q: How do advertiser subscriptions and payments work?

A: Fees are in AUD and displayed exclusive of GST unless stated. Payments are processed securely via Stripe. Subscriptions auto-renew unless cancelled, and pricing may change with 30 days notice (see Section 7.1 and 7.2).

Q: Can I get a refund if I cancel?

A: You may cancel anytime before your next billing date, with cancellation taking effect at the end of the current billing period. There are no refunds for voluntary cancellations or unused time, but pro-rata refunds apply for technical issues preventing service access. Refunds are processed within 14 business days (see Section 7.4).

Q: What is HALP's liability if something goes wrong?

A: To the maximum extent permitted by law, HALP excludes liability for direct, indirect, consequential, and incidental damages. Where liability cannot be excluded, it is capped at $100 AUD for free services, or for paid services the lesser of $1,000 AUD or the amount you paid in the prior 12 months. Nothing in the Terms excludes rights under the Australian Consumer Law (see Section 10).

Q: What laws govern these Terms and how are disputes resolved?

A: The Terms are governed by the laws of New South Wales, Australia, with exclusive jurisdiction in NSW courts. Before legal action, contact legal@halp.com.au and allow 30 days for informal resolution. Optional arbitration in Sydney is available under ADRA rules, and class actions are waived to the extent permitted by law (see Section 11).

Q: Can HALP change these Terms?

A: Yes. HALP may modify the Terms at any time, will update the "Last Updated" date, notify registered users by email, and prominently display material changes. Changes take effect immediately upon posting unless otherwise specified, and continued use constitutes acceptance (see Section 1.4).

Q: How do I contact HALP?

A: General support: support@halp.com.au or 1300 137 406, Monday–Friday 9:00 AM – 5:00 PM AEST. Legal: legal@halp.com.au. Privacy: privacy@halp.com.au. Copyright: copyright@halp.com.au. Postal: 235 Glen Huntly Road, Elsternwick VIC 3185 (see Sections 12.8 and 14).