Website Terms of Use

01 Introduction and Acceptance

1.1 These Website Terms of Use ("Terms") govern your access to and use of the website located at www.artelierresidence.com.au and any subdomains, applications, forms, or online tools operated by Artelier Residence Pty Ltd ABN 38 695 108 322 ("Artelier Residence", "we", "us", or "our") (collectively, the "Website").

1.2 By accessing, browsing, or using the Website, you ("you" or "the User") acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy (which forms part of these Terms by reference).

1.3 If you do not agree with these Terms, you must not access or use the Website.

1.4 These Terms apply to your use of the Website only. They do not govern the provision of Artelier Residence services (such as property management engagements or guest bookings), which are subject to separate written agreements entered into at the time of engagement.

02 Definitions

2.1 In these Terms, the following expressions have the following meanings:

• "Content" means all information, text, images, graphics, video, audio, data, software, and other material displayed on, or made available through, the Website.
• "Enquiry Form" means any online form on the Website through which a User submits their contact details or property information to Artelier Residence.
• "Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
• "Services" means the short-term rental accommodation management services provided by Artelier Residence, as more fully described on the Website and governed by separate written agreements at engagement.

03 Use of the Website

3.1 Permitted use. Subject to compliance with these Terms, you may access and use the Website for lawful, personal, and non-commercial purposes, including:

• Browsing information about Artelier Residence and its Services
• Submitting an Enquiry Form for the purpose of engaging or considering engaging Artelier Residence
• Downloading information published on the Website for personal, non-commercial reference

3.2 Age restriction. By accessing the Website you represent that you are at least 18 years old and legally capable of entering into a contract.

3.3 Accurate information. When submitting information through the Website (including through Enquiry Forms), you agree to provide information that is true, accurate, current, and complete.

04 Prohibited Conduct

4.1 You must not, in connection with the Website:

1. use the Website for any unlawful purpose or in breach of any applicable law or regulation;
2. attempt to gain unauthorised access to any part of the Website, its servers, or any connected system or network;
3. use any automated system, robot, spider, scraper, or other automated means to access or extract data from the Website (except for standard search engine indexing);
4. introduce any virus, malware, trojan, worm, or other malicious code to the Website;
5. interfere with, disrupt, or attempt to disrupt the operation of the Website or any User's use of the Website;
6. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
7. copy, reproduce, republish, upload, post, publicly display, transmit, distribute, or exploit any Content from the Website for commercial purposes without our express prior written consent;
8. reverse engineer, decompile, or disassemble any software element of the Website;
9. use the Website in a way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website;
10. use the Website to transmit, distribute, or store material that is defamatory, obscene, threatening, harassing, or otherwise unlawful;
11. use the Website to send unsolicited advertising, promotional material, junk mail, spam, or chain letters.

4.2 We reserve the right to investigate and take appropriate action (including reporting to law enforcement authorities and pursuing legal remedies) against any User who breaches these Terms.

05 Intellectual Property

5.1 All Content on the Website, including but not limited to text, graphics, logos, icons, images, photographs, audio and video clips, downloadable materials, and the compilation and arrangement thereof, is owned by Artelier Residence Pty Ltd, its licensors, or its content providers, and is protected by Australian and international copyright, trademark, and other intellectual property laws.

5.2 "Artelier Residence", the Artelier Residence logo, and the "Artelier Standard" branding are trademarks and trade names of Artelier Residence Pty Ltd. You must not use these marks without our express prior written consent.

5.3 You are granted a limited, non-exclusive, non-transferable licence to access and use the Content solely for the personal, non-commercial purposes described in these Terms. This licence does not include any right to:

1. modify or create derivative works from the Content;
2. use the Content for commercial purposes;
3. redistribute the Content to third parties;
4. remove, alter, or obscure any copyright, trademark, or proprietary notice on the Content.

5.4 All rights not expressly granted to you in these Terms are reserved by Artelier Residence Pty Ltd.

06 Third-Party Services and Content

6.1 Google Maps API and Google services

The Website uses Google Maps APIs and other Google services to provide mapping, location, and related functionality.

Artelier Residence does not control Google's services, terms, or privacy practices, and is not responsible for any use of, or disclosure of information through, any Google service. Your use of any Google-powered functionality on the Website is at your own discretion and subject to Google's own terms.

6.2 Other third-party services

The Website may include or integrate with other third-party services (such as email delivery, form processing, analytics tools, or booking platform integrations). Your use of any such third-party service is subject to that third party's own terms and privacy practices. We are not responsible for the conduct, content, terms, or practices of any third party.

6.3 Third-party links

The Website may contain links to other websites or resources operated by third parties, including booking platforms (such as Airbnb, Stayz, and Booking.com), industry data providers, and information sources. We provide these links for convenience only. We do not endorse or accept responsibility for the content, services, or terms of any third-party website. Your access to and use of any third-party website is at your own risk.

07 Enquiry Forms and Submissions

7.1 By submitting an Enquiry Form or any other information to us through the Website, you:

1. consent to Artelier Residence collecting, using, and storing the information in accordance with our Privacy Policy;
2. authorise Artelier Residence to contact you by phone, email, or SMS in response to your enquiry, using the contact details you have provided;
3. acknowledge that submission of an Enquiry Form does not create any contractual or engagement obligation between you and Artelier Residence, and that any subsequent engagement will be governed by a separate written agreement.

7.2 We may retain information submitted through the Website for the purposes described in our Privacy Policy, including for our records, service delivery, ongoing communication, and legal compliance.

08 No Warranties — Information on the Website

8.1 Information published on the Website (including but not limited to market data, revenue projections, suburb performance data, compliance summaries, and general educational content) is provided for general information purposes only.

8.2 While Artelier Residence takes reasonable care in preparing and maintaining Website Content, we do not warrant that:

1. the Content is accurate, complete, current, or free from error;
2. any specific outcome (including any specific rental revenue, occupancy rate, or return on investment) will be achieved;
3. the Website will be available without interruption or free from defects.

8.3 Content on the Website does not constitute financial, legal, tax, property, or investment advice. Users should obtain their own independent professional advice before making any decision based on Website Content.

8.4 To the maximum extent permitted by law, we exclude all warranties, whether express or implied, in relation to the Website and its Content.

8.5 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified.

09 Limitation of Liability

9.1 To the maximum extent permitted by law, in no event will Artelier Residence, its directors, officers, employees, agents, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or in connection with your use of, or inability to use, the Website, whether based in contract, tort (including negligence), statute, or any other legal theory.

9.2 Where liability cannot be excluded but can be limited under the Australian Consumer Law or other applicable law, our liability is limited (at our option) to:

1. in the case of services, the resupply of the services or the payment of the cost of resupplying the services; or
2. in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods or the payment of the cost of having the goods repaired or replaced.

9.3 Nothing in these Terms excludes, restricts, or modifies any liability that cannot be lawfully excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

10 Indemnity

10.1 To the maximum extent permitted by law, you agree to indemnify and hold harmless Artelier Residence Pty Ltd, its directors, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

1. your use of the Website in breach of these Terms;
2. your breach of any applicable law or regulation;
3. any content or information you submit to the Website (including any Enquiry Form);
4. your infringement of the intellectual property rights of Artelier Residence or any third party.

11 Availability and Modifications

11.1 We may modify, suspend, or discontinue any part of the Website (including any Content or functionality) at any time, without notice and without liability to any User.

11.2 We do not guarantee that the Website will be available at all times, or that access will be uninterrupted, timely, secure, or error-free. Access to the Website may be interrupted for maintenance, updates, or reasons outside our control.

12 Termination

12.1 We may, in our sole discretion and without notice, restrict, suspend, or terminate your access to the Website (in whole or in part) if we believe you have breached these Terms or acted in a manner that may cause harm to Artelier Residence, any other User, or any third party.

12.2 Termination of your access to the Website does not affect any rights or obligations that have accrued prior to termination, or any provisions of these Terms that by their nature are intended to survive termination (including provisions relating to intellectual property, limitations of liability, indemnity, and governing law).

13 Privacy

13.1 Our collection, use, storage, and disclosure of personal information collected through the Website is governed by our Privacy Policy, which is available at www.artelierresidence.com.au/privacy and forms part of these Terms by reference.

13.2 By using the Website, you consent to the collection, use, and handling of your personal information as described in the Privacy Policy.

14 Changes to These Terms

14.1 We may update or modify these Terms from time to time at our discretion. The current version of these Terms will always be available on the Website and will apply to your use of the Website from the date of publication.

14.2 Your continued use of the Website after any update or modification constitutes acceptance of the revised Terms. If you do not agree to any updated Terms, you must cease using the Website.

14.3 We will endeavour to notify Users of any material change to these Terms by publishing a notice on the Website or by other reasonable means. Users are encouraged to review these Terms periodically for changes.

15 Governing Law and Jurisdiction

15.1 These Terms are governed by the laws of Western Australia.

15.2 You and Artelier Residence submit to the exclusive jurisdiction of the courts of Western Australia in respect of any dispute or claim arising out of or in connection with these Terms or your use of the Website.

16 General

16.1 Severability. If any provision of these Terms is held to be unenforceable, invalid, or illegal by a court of competent jurisdiction, that provision will be severed to the extent necessary to render the balance of these Terms enforceable, valid, and legal, and the remainder of these Terms will continue in full force.

16.2 No waiver. A failure by Artelier Residence to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.3 Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Artelier Residence regarding your use of the Website, and supersede all prior agreements, communications, and understandings.

16.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Artelier Residence may assign or transfer its rights and obligations under these Terms without notice.

16.5 Interpretation. Headings in these Terms are for convenience only and do not affect interpretation. References to any law include amendments and re-enactments of that law. Words in the singular include the plural and vice versa.

17 Contact

If you have any questions about these Terms or the Website, please contact us:

Artelier Residence Pty Ltd
ABN 38 695 108 322
Suite 2, 103 Flora Terrace
North Beach WA 6020
Phone: 08 6400 6252 · 0480 882 762
Email: info@artmgmt.au