Terms and Conditions

Last updated: April 27, 2026

Please read these Terms and Conditions carefully before using this website.

These Terms and Conditions (‘Terms’) govern your access to and use of the website at elev8tproperty.com.au (‘Website’), which is operated by PDP One Pty Ltd t/a Elev8t Property [ABN 17 650 810 558] (‘we’, ‘us’ or ‘our’). By accessing or using the Website you agree to be bound by these Terms, our Privacy Policy, and our Cookie Notice. If you do not agree to these Terms you must not use the Website.

We can be contacted at: [email protected]

 1.            DEFINITIONS

In these Terms, unless the context requires otherwise:

‘ACL’ means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

‘Consumer Guarantees’ means the guarantees provided under Part 3-2 of the ACL.

‘Content’ means any text, images, data, software, video, audio and other material made available on the Website by us.

‘Customer’ means a person who purchases Goods or Services through the Website.

‘Goods’ means any physical or digital goods offered for sale through the Website.

‘Personal Information’ has the meaning given in the Privacy Act 1988 (Cth).

‘Privacy Policy’ means our privacy policy available at [insert URL], as updated from time to time.

‘Services’ means any services offered through the Website.

‘User Content’ means any content submitted, posted or otherwise made available by you on or through the Website.

‘You’ means the person accessing or using the Website.

 2.            CHANGES TO THESE TERMS

2.1            We may update these Terms from time to time to reflect changes in our business, the Website, or applicable law.

2.2            Where a change is material, we will give you at least 30 days’ notice before it takes effect, by email (if you have given us one) or by a prominent notice on the Website.

2.3            Changes do not affect any order or transaction entered into before the change takes effect as those are governed by the Terms in force at the time.

2.4            If you do not agree to a change, you may stop using the Website and, if you have an account, close it. Your continued use of the Website after a change takes effect means you accept the updated Terms.

 3.            ACCEPTANCE AND ELIGIBILITY

3.1            By using the Website, you confirm that you have the legal capacity to enter into a contract.

3.2            If you are under 18, you may only use the Website with the consent and supervision of a parent or guardian, and any purchase must be made by an adult on your behalf.

3.3            You must not use the Website for any unlawful purpose or in any way that could damage, disable, overburden or impair the Website.

 4.            YOUR ACCOUNT

4.1            You may need to create an account to access some features or make purchases.

4.2            You must provide accurate and complete information when creating an account and keep it up to date.

4.3            You are responsible for keeping your login details confidential and for any activity under your account. You must notify us immediately if you become aware of any unauthorised use of your account.

4.4            We may suspend or terminate your account if you breach these Terms or if we reasonably suspect fraud or other misuse.

 5.            ORDERS, PRICING AND PAYMENT

5.1            All prices displayed on the Website are in Australian dollars and include GST (unless stated otherwise). Delivery fees, if applicable, are shown at checkout.

5.2            Placing an order is an offer to purchase. A contract of sale is formed only when we accept your order, which we do by sending you an order confirmation or by dispatching the Goods.

5.3            We may decline or cancel an order at any time before dispatch if, for example, the Goods are unavailable, there is a pricing or description error, we cannot verify your payment, or we reasonably suspect fraud. If you have already been charged, we will refund you in full.

5.4            You authorise us to charge your nominated payment method for the total order amount at the time of acceptance.

 6.            DIGITAL GOODS AND SERVICES

6.1            Digital Goods are typically made available by download or access link after payment is confirmed. If you have difficulty accessing or downloading a digital Good, please contact us and we will use reasonable efforts to resolve the issue.

6.2            Consumer Guarantees apply to digital Goods and Services in the same way they apply to physical Goods and in accordance with clause 7.1 below.

 7.            RETURNS, REFUNDS AND CONSUMER GUARANTEES

7.1            Our Goods and Services come with Consumer Guarantees that cannot be excluded under the ACL. If a Good or Service fails to meet a Consumer Guarantee, you are entitled, depending on the nature of the failure, to a repair, replacement, refund, re-supply or compensation for loss or damage.

7.2            For major failures (such as a Good that is substantially unfit for its normal purpose, materially different from its description, or unsafe), you can choose a refund or replacement. For minor failures, we may choose to repair or replace the Good, or refund the purchase price.

7.3            To make a claim, contact us at [email protected] with your order number, a description of the issue, and (where relevant) photographs. We will respond within 5 business days.

7.4            Certain items are excluded from change-of-mind returns to the extent permitted by law, including custom or made-to-order items, digital downloads that have been accessed, and gift cards. Your rights under the ACL for any of these items are not affected.

 8.            INTELLECTUAL PROPERTY

8.1            All Content on the Website (including designs, layouts, text, graphics, logos, trade marks and software) is owned by or licensed to us and is protected by Australian and international copyright, trade mark and other intellectual property laws.

8.2            You may view, download and print Content for your own personal, non-commercial use only. You must not otherwise reproduce, republish, modify, distribute, transmit, sell or commercially exploit any Content without our prior written consent, except as expressly permitted by law (including the Copyright Act 1968 (Cth)).

8.3            All rights not expressly granted to you are reserved to us and our licensors.

 9.            USER CONTENT

9.1            If the Website allows you to post reviews, comments, images or other User Content, you are responsible for what you submit.

9.2            You warrant that you own or have the rights to submit the User Content and that it does not infringe any third-party rights, is not unlawful, misleading, defamatory or obscene, and does not contain malicious code.

9.3            You grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable licence to use, reproduce, modify, publish, display and distribute your User Content for the purposes of operating and promoting the Website and our business. You waive, to the extent permitted by law, any moral rights in your User Content in favour of us and our licensees.

9.4            We may (but are not obliged to) moderate, edit or remove User Content at our reasonable discretion, including where it breaches these Terms or we receive a complaint about it.

9.5            If you believe any content on the Website infringes your intellectual property or is otherwise unlawful, please contact us with details so we can investigate.

10.            ACCEPTABLE USE

You must not:

(a)            use the Website for any unlawful purpose or to transmit unlawful content;

(b)            use automated means (including bots, scrapers or crawlers) to access or collect data from the Website, except in accordance with our robots.txt or with our prior written consent;

(c)            interfere with, disrupt or attempt to gain unauthorised access to the Website, any related systems, or other users’ accounts;

(d)            reverse engineer, decompile or disassemble any software on the Website, except to the extent permitted by law;

(e)            impersonate any person or misrepresent your affiliation with any person or entity; or

 (f)            use the Website to send unsolicited commercial messages or to harvest personal information about other users.

10.2            We may suspend or terminate your access to the Website if we reasonably consider that you have breached these Terms, and may pursue any other remedies available to us at law.

11.            THIRD-PARTY LINKS AND CONTENT

11.1            The Website may contain links to, or embed content from, third-party websites or services. These are provided for your convenience only. We do not endorse, and are not responsible for, any third-party websites or their content, products or services. Your use of any third-party website is at your own risk and governed by its own terms.

12.            PRIVACY

12.1            We handle Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please read our Privacy Policy for information about the Personal Information we collect, how we use and disclose it, and your rights.

12.2            We take reasonable steps (including technical and organisational measures) to protect Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure. No method of transmission over the internet or electronic storage is completely secure, however, and we cannot guarantee absolute security.

12.3            Our Cookie Notice in our Privacy Policy explains the cookies and similar technologies we use on the Website and how you can manage your preferences.

13.            DISCLAIMERS

13.1            Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified (Non-Excludable Rights).

13.2            Subject to your Non-Excludable Rights, the Website and its Content are provided on an ‘as is’ and ‘as available’ basis. To the maximum extent permitted by law, we do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or its server are free of viruses or other harmful components.

13.3            Information on the Website is provided for general information only and does not constitute professional advice. You should obtain your own professional advice before acting on it.

14.            LIMITATION OF LIABILITY

14.1            Nothing in this clause limits your Non-Excludable Rights.

14.2            Where we are liable for a breach of a Consumer Guarantee in relation to Goods or Services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is, to the extent permitted by section 64A of the ACL, limited at our option to (in the case of Goods) replacement, repair, or payment of the cost of replacement or repair, and (in the case of Services) re-supply of the Services or payment of the cost of re-supply. This limitation does not apply if it would not be fair and reasonable for us to rely on it.

14.3            Subject to the above, and to the maximum extent permitted by law, our total liability to you arising out of or in connection with the Website, these Terms or any Goods or Services supplied through the Website (whether in contract, tort (including negligence), under statute or otherwise) is limited to the amount paid by you to us in the 12 months preceding the event giving rise to the liability.

14.4            Subject to your Non-Excludable Rights, we are not liable to you for any indirect, special or consequential loss, loss of profits, loss of business, loss of revenue, loss of data or loss of goodwill, even if we have been advised of the possibility of such loss.

15.            INDEMNITY

15.1            You indemnify us against all loss, damage, liability, costs and expenses (including legal costs on a solicitor-client basis) reasonably incurred by us arising out of or in connection with your breach of these Terms, your misuse of the Website, or your User Content. This indemnity is reduced proportionately to the extent that we caused or contributed to the loss.

16.            SUSPENSION AND TERMINATION

16.1            We may suspend or terminate your access to the Website at any time, with or without notice, if you breach these Terms or if required by law. We may also withdraw the Website or any part of it at any time.

16.2            Clauses that by their nature are intended to survive termination (including Intellectual Property, User Content licence, Limitation of Liability, Indemnity, Privacy and Governing Law) survive termination of these Terms.

17.            FORCE MAJEURE

17.1            Neither party is liable for any failure or delay in performing its obligations (other than payment obligations) to the extent caused by an event beyond its reasonable control, including natural disasters, pandemic, war, terrorism, government action, strikes, internet or telecommunications failures, or supplier failures. The affected party must notify the other and use reasonable efforts to work around the event.

18.            COMPLAINTS AND DISPUTES

18.1            If you have a complaint, please contact us first at [email] with a description of the issue. We will acknowledge your complaint within 5 business days and work with you in good faith to resolve it.

18.2            If a dispute is not resolved within 30 days of being raised, either party may refer the dispute to mediation by the Australian Disputes Centre or another mutually agreed mediator before commencing court proceedings. This clause does not prevent either party from seeking urgent interlocutory relief.

19.            NOTICES

19.1            We may give notices under these Terms by email to the address you provide or by posting a notice on the Website. You may give notices to us by email to [email] or by post to the address in the preamble.

20.            GENERAL

20.1            Governing law and jurisdiction. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

20.2            Entire agreement. These Terms, together with our Privacy Policy, form the entire agreement between you and us about your use of the Website and supersede any prior agreements, representations and understandings. This does not limit your Non-Excludable Rights or your rights in relation to any misleading or deceptive conduct.

20.3            Severance. If any provision of these Terms is or becomes invalid or unenforceable, it is to be read down to the extent necessary to make it valid and enforceable or, if it cannot be read down, severed, without affecting the remaining provisions.

20.4            Waiver. A failure or delay by either party in exercising a right under these Terms is not a waiver of that right.

20.5            Assignment. We may assign or novate these Terms (including in connection with a sale of our business) with notice to you. You may not assign these Terms without our prior written consent.

20.6            No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us.