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Future Property Co Pty Ltd T/as Henderson Advocacy (A.C.N. 637 378 137) buying as:
Future Property Co Pty Ltd (A.C.N. 637 378 137) buying as: Henderson Advocacy is committed to complying with its obligations under the Privacy Act 1988 (Cth) (the Act).
The Act allows personal information to be collected, used and disclosed for the purposes for which it was collected in accordance with the Act.
This Privacy Policy only applies to the extent we collect, use and disclose personal information in connection with this website.
This Privacy Policy may be revised, updated or replaced from time to time and we may subsequently notify users of any changes to it by posting the revised, updated or replaced Privacy Policy on this website. Any changes to it take effect on the date on which the revised, updated or replaced Privacy Policy is posted to this website.
Information disclosed
We will use and disclose personal information only for the purposes for which it is collected in accordance with the Act, including:
Personal information collected by Henderson Advocacy may be disclosed by us for any of the purposes for which it was collected (as outlined above) to other parties including actual or prospective sellers, purchasers, the legal and other advisors of an agent, Principal, purchaser and/or prospective purchasers, and any agent (if applicable), clients of the Agent both existing and potential, advertising and media organisations, property data service providers, valuers, parties engaged to evaluate the Property, owners’ corporations, government and statutory bodies, financial institutions, REINSW (which provides technical and other assistance to the agency from time to time and other third parties (including, without limitation, goods and services providers and insurers), government agencies, courts, regulatory bodies, and law enforcement agencies, or as required, authorised or permitted by any applicable law.
Anonymity
General users of the website do not need to disclose their identity to us in order to use this website. This website does not, therefore, collect personal information about people who generally access it except in the circumstances described above.
Cookies
A cookie is an electronic token that is passed to the user’s browser which passes it back to the server whenever a page is sent to the user. Our servers may generate cookies which are used to keep track of the pages that users have accessed while using the website. The cookie also allows data to be inputted into a form or template and temporarily stored until the user chooses to save that form or template. Cookies generally remain on the user’s computer even after an internet session is ended and the computer rebooted. The cookie can be read by the server that placed it there during a subsequent visit to that same server. Their exact behavior is server specific.
When users visit this website, our server may log certain information, including the type of browser and operating system the user is using, the top level domain name (for example .com, .net, .au, etc), the address of the referring site (for example, the previous site visited), the server’s IP address, the date and time of visit and the address of the pages accessed and the documents downloaded. This information is generally only for internal statistical analysis and system administration purposes. Any other information supplied to us (for example, if a user sends an email or enters any personal information into our website) is treated in accordance with this Privacy Policy.
Information security
We take reasonable steps to protect all information which we hold (including personal information) from misuse, loss, and unauthorised access, modification or disclosure.
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.
Where appropriate, we use secure transmission facilities. However, no transmission of information over the internet can be guaranteed to be completely secure and we do not warrant the security of any information transmitted to us over the internet.
Links to other websites
This website may contain links to other websites. We are not responsible for the privacy practices or the content of those websites. This Privacy Policy does not extend to those linked websites.
Marketing and opt-out
We may also use the information, including personal information (excluding sensitive information), provided by users of this website for marketing and research purposes, to analyse and improve products, benefits and services and to inform users of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to users, unless the user tells us, or has previously told us, not to. If a user does not wish to receive any information about such products, services and benefits they can contact the Privacy Officer (details specified below). We will not use your sensitive information for these purposes without your consent.
Accessing your Personal Information
Users of the website whose information we either collect, use or disclose have the right to request access to any personal information held by us which relates to them, unless we are permitted to withhold that information. We may charge a reasonable fee where access to personal information is provided. Any requests for access to a user’s personal information should be made in writing to the Privacy Officer (details specified below). The user also has the right to request the correction of any personal information which relates to them that is inaccurate, incomplete, irrelevant, misleading or out-of-date.
Disclosing your personal information overseas.
Henderson Advocacy may disclose personal information to service providers and/or organisations located overseas. These service providers and/or organisations may also store or process your data overseas. We take reasonable steps to ensure that the service providers and/or organisations of your personal information do not breach the Australian Privacy.
Principles
In any event, by providing your details, you consent to your information being disclosed in this manner.
If the user requires any further information about our management of personal information or has any queries or complaints, they should contact:
Mail: The Privacy Officer of Future Property Co Pty Ltd
250 Glenmore Road Paddington NSW 2021
Phone: (+61) 455 771 294
Email: admin@henderson.com.au
In accordance with our duties of disclosure pursuant to section 47 of the Property and Stock Agents Act 2002 (NSW) we hereby disclose the following relationships we have with other persons or entities that we may expect to derive consideration in circumstances that we may refer you for professional services associated with your purchase to the following persons or entities:
Nexr Pty Ltd ACN 646 426 922
Nexr Pty Ltd provides operational services for real estate agencies in Australia. Nexr may refer potential clients to Future Property Co T/As Henderson Advocacy (Henderson) and if a client engages Henderson and completes a transaction then Henderson may pay Nexr a referral fee of up to 20% of the referred agent’s commission. Eg if the fee is $15,000+GST, the referral fee would be $3,000 +GST. This does not cost the Henderson client any more. Henderson Metro NSW Pty Ltd is partly owned by a corporate trustee of which the director and shareholder is also a director and shareholder of Nexr Pty Ltd. The common director and shareholder of Nexr is not a shareholder of Henderson which is the licensed entity that acts as the buyer’s agent and has no influence over the day to day operations of Henderson nor advising clients, nor do they act as buyer’s agent. The common shareholder does not receive any profit distributions from Henderson Metro Pty Ltd.
Selling or purchaser leads
If the buyer’s agent refers a selling lead or purchaser lead to another external real estate agent within Australia and that referred potential client lists & sells with that agent, the referring agent may receive a referral fee of up to 20% of the referred agent’s commission. Eg if the fee is $15,000+GST, the referral fee would be $3,000 +GST.
Kenterprise Pty Ltd T/As PRD Presence Newcastle, Lake Macquarie, Central Coast
Future Property Co T/As Henderson Advocacy (Henderson) is a buyers’ agency service that is solely owned by Henderson Metro NSW Pty Ltd. Henderson Metro NSW Pty Ltd is partly owned by a corporate trustee of which the director and shareholder is also a director and shareholder of Kenterprise Pty Ltd. The common director and shareholder is not a shareholder of Henderson which is the licensed entity that acts as the buyer’s agent and has no influence over the day to day operations of Henderson nor advising clients, nor do they act as buyer’s agent. The common shareholder does not receive any profit distributions from Henderson Metro Pty Ltd.
In the event that a Henderson client or buyer’s agency client purchases a property through the PRD entities no fee will be charged by Henderson in this event as per the Henderson Agency Agreement. The Agent may still be entitled to receive a commission or referral fee from the selling agent if the client engages PRD Presence to sell a property that they own, that was referred by the Henderson agent. Eg if the fee is $15,000+GST, the referral fee would be $3,000 +GST.
Henderson Advocacy has a commercial business relationship with the following entities. Henderson Advocacy does not expect to derive any monetary consideration in circumstances where we refer you to any of the professional service areas below. However, as a result of the commercial business relationship, Henderson Advocacy does expect that those professional services outlined herein cross-refer their clients to Henderson Advocacy when possible and thus, the nature of the benefit received is additional business:
Astra Law ABN 92 634 842 550 Conveyancer
Insight Finance ABN 79 617 124 599
H Finance ACN 605 599 997
Bishop & Hart ABN 64 167 454 604
Safe Hands Property Management ACN 143 274 373
Progressive Property ABN 16 145 635 418
My Connect ABN 65 627 003 605 – For the provision of the utility connection service unless you tell us not to.
TERMS OF SERVICE
Definitions and Interpretation
1.1 In this Agreement, unless the contrary intention appears:
i. Act means the Property and Stock Agents Act 2002 (NSW).
ii. Agent means Future Property Co Pty Ltd ACN 637 378 137 and includes its directors, officers, employees, contractors, and permitted assignees.
iii. Agent’s Representative means the party described in PART 2 of the Buyer Form.
iv. Client means the party described in PART 1 of the Buyer Form, its associated entities, affiliates, directors, officers, employees, contractors, successors, nominees, authorised representatives, and permitted assignees.
v. Contract means any written agreement including any contract, put and call option agreement, call option agreement, agreement to agree, heads of agreement, or any deed of agreement to purchase a property.
vi. Fees means both the Retainer Fee and the Commission Fee as described in ITEM 4 of the Buyer Form.
vii. GST means Goods and Services Tax.
viii. Material Fact has the same meaning as it has for the purposes of Section 52 of Act.
ix. Personal Information has the same meaning as it has in the Privacy Act 1988 (Cth).
x. Regulations means the Property and Stock Agents Regulation 2022 (NSW)
xi. Services means those services identified in ITEM 3.
xii. Term means the period described in ITEM 2 of the Buyer Form.
xiii. clause headings are for reference only and will not affect interpretation;
xiv. where a word or phrase is given a particular meaning, other grammatical forms of that word or phrase have corresponding meanings;
xv. a reference to a party means a party to this Agreement;
xvi. a reference to an ITEM or PART, is a reference to an item or part on the Buyer Form;
xvii. a reference to a clause number includes its subclauses;
xviii. a reference to a person includes bodies corporate and unincorporated associations and partnerships;
xix. words in the singular include the plural and vice versa;
xx. words importing a gender include any other gender;
xxi. including means including without limitation; and
xxii. monetary references are references to Australian currency and exclude GST.
Appointment, Acceptance, and Warranties
2.1 The Client appoints the Agent as its exclusive agent to provide the Services specified in ITEM 3 with respect to a property described in ITEM 1 in accordance with this Agreement for the duration of the Term.
2.2 The Client agrees that the exclusive appointment of the Agent is the essence and main subject matter of the bargain and, accordingly, if the Client purchases any property without the involvement of the Agent during the Term then the Services will have been deemed to have been performed and payment of the Fees to the Agent is required in full as set out in clause 4 of this Agreement.
2.3 The Client accepts this Agreement by:
i. execution (including electronic execution);
ii. paying the Agent the Retainer Fee to the Agent; or
iii. continuing to instruct the Agent.
2.4 The Client warrants that:
i. it has full power and authority to enter into this Agreement;
ii. it has had the opportunity to obtain legal advice in respect of this Agreement and has done so or otherwise waives its right to do so;
iii. it has had the opportunity to negotiate the terms of this Agreement and has done so or otherwise waives its right to do so;
iv. it has supplied the Agent in writing with all Material Facts in respect of the proposed property acquisition and will update the Agent in writing of any changes to Material Facts throughout the Term;
v. it has obtained all necessary authorisations and approvals for a property purchase; and
vi. it is not subject to any other agency agreement which would conflict with its obligations in this Agreement.
2.5 The client agrees to:
i. notify the Agent in writing of any change to information provided in connection with this Agreement, including as in the Buyer Form or Material Facts; and
ii. co-operate with the Agent (including through the provision of timely instructions and making itself available for property inspections).
2.6 The client agrees not to appoint another agent to provide the Services for the duration of the Term.
Provision of Services
3.1 The Agent shall provide the Client the Services.
3.2 In its provision of the Services, the Agent must at all times:
i. act in good faith, fidelity, and in the best interests of the Client;
ii. exercise all due care, skill, and attention;
iii. ensure that its employees, contractors, and agents comply with the Client’s instructions as articulated or varied from time to time;
iv. comply with applicable laws, including any disclosure obligations enlivened under clause 47 of the Act; and
v. do all things necessary to provide the Services to the reasonable satisfaction of the Client.
3.3 The Agent is not authorized to enter into or sign a contract for sale on behalf of the Client.
3.4 The Services cannot be varied except as agreed by the Client in writing.
Remuneration
4.1 The Client must pay the Agent:
i. the Retainer Fee, immediately upon execution of this Agreement and prior to the Agent’s provision of any Services; and
ii. the Commission Fee, within 7 days of the exchange of Contracts for a property which is purchased by the Client (Applicable Property):
a. during the Term (regardless of who introduces the property and including where the Client locates the property without introduction); or
b. within 12 months of the termination of this Agreement (if that property is sourced, identified, and/or introduced by the Agent to the Client in any way in the course of this Agreement). This clause 4.1.ii.b and all provisions of this Agreement that give effect to it survive the termination of this Agreement.
WARNING: The term immediately above provides that a fee is payable under this agreement even if the purchase of the Property is not completed.
4.2 For the avoidance of doubt, the Client must pay the Agent the Commission Fee within 7 days of:
i. entering into a Contract for the purchase of any property during the Term;
ii. entering into a Contract for the purchase of a property that was sourced, identified, and/or introduced by the Agent to the Client in any way during the course of this Agreement, within 12 months of the termination of this Agreement;
iii. where the Applicable Property is owned by a company, entering into a Contract for the purchase of shares in that company;
iv. procuring another person or entity to enter into a Contract for the purchase of an Applicable Property or of shares in a company which owns an Applicable Property; and
v. becoming, by any means whatsoever, the legal and/or equitable owner of an Applicable Property.
4.3 The Agent is entitled to charge interest to the Client at the rate of 10% per annum, from and including the 8th day after the exchange of Contracts for an Applicable Property, calculated on the daily balance of any and all outstanding Fees until payment has been made in full.
4.4 Any amounts referred to in this agreement which are payable to the Agent in respect of the services provided are expressed as inclusive of GST. The current rate of GST is 10% and if this amount ever changes then the parties agree that any amounts referred to in this agreement will be varied accordingly.
Privacy
5.1 The Agent uses Personal Information collected from or about the Client to perform its obligations under this Agreement.
5.2 The Agent will manage and maintain secure custody of Personal Information in accordance with applicable laws.
5.3 The Client agrees that the Agent may use and disclose this information to third parties to promote the services of the Agent and/or seek potential clients.
Indemnity
The Client will indemnify and hold the Agent harmless from and against all claims, actions, causes of action, or liabilities, including legal fees on a solicitor/client basis and disbursements incurred by the Agent in recovering outstanding Fees, interest, legal costs or any other costs or expenses under this Agreement, which arise out of or result from the Agent’s performance of or otherwise in connection with this Agreement.
Limitations
7.1 WARNING: The Client acknowledges that any information or advice provided by the Agent to the Client for the purposes of this Agreement (Property Advice) is general in nature and does not constitute financial or investment advice. The Agent does not hold a financial services license as defined in s913B of the Corporations Act 2001 (Cth) and does not provide financial services.
7.2 The Client acknowledges that the purchase price of a property in a pre-market, off market, or pre-auction scenario may be above market or bank valuation values. The research, comparative market analysis from recent sales and statistics provided by the Agent to the Client does not take into account the subjective considerations and policies of financiers. The Client is purchasing the property completely at its own risk in relation to finance.
7.3 The Client acknowledges that it is wholly responsible for its final purchasing decision and accepts full responsibility for satisfying itself in relation to all aspects of a property (including building integrity, planning regulations, location, information of the selling agent) in light of its own priorities, needs, and circumstances.
7.4 Under no circumstances will the Agent be liable to the Client for any:
i. loss, damage, cost, or compensation arising out of or in connection with the Client’s decision to purchase a property, including which may arise as a result of a shortfall in finance;
ii. indirect, incidental special, consequential, aggravated, exemplary, and/or punitive damages (such as in relation to loss of revenue, profits, goodwill, tangible or intangible losses or other economic losses); nor
iii. loss of sales, revenue, profits, data, or procurement amount; whenever or howsoever arising.
7.5 The Client is advised to obtain independent legal, financial, tax, and investment advice in respect of a property or a purchase from appropriate professionals.
7.6 The Agent may recommend independent third parties to the Client for the purposes of this Agreement. The Client acknowledges that all third parties are independent of the Agent and under no circumstances will the Agent be liable for the advice, acts, or omissions of such third parties.
7.7 The Agent makes no warranties and disclaims liability in respect of information provided by third parties (including its accuracy, completeness, suitability, and reliability).
7.8 If the Client instructs the Agent to engage any third parties on the Client’s behalf, the Client agrees to advance, or reimburse the Agent immediately upon receipt of an invoice issued by the third party or the Agent for, all amounts arising out of or in connection with the Agent’s engagement of the third parties.
7.9 The Agent will not perform any other services in connection with the purchase unless otherwise agreed between the parties.
Termination
8.1 The Agreement may be terminated by either party giving 14 days’ written notice to the other party following the expiration of the Term, without prejudice to either party’s rights accrued, or obligations incurred prior to termination.
8.2 The Agent may terminate the Agreement at any time in the event of the breach of an essential term.
8.3 The parties agree that clauses 2, 4, 6 and 9 are essential terms to this Agreement.
Referrals
9.1 The Client acknowledges that the Agent may receive referral fees from third parties (e.g., selling agents, mortgage brokers, property managers). The Agent does not receive a referral fee if the Client purchases a property through the third party who refers the Client to the Agent.
9.2 If the Agent refers a person to a third party service provider, the Agent has disclosed in Item 5 of the Buyer Form that the Agent may or expects to receive the outlined rebates, discounts, commissions or benefits from those parties as disclosed. Item 5 of the Buyer Form can be amended by the Agent in writing after the date of this Agreement.
9.3 This clause 9 and Item 5 complies with section 47 of the Act.
Non-disparagement
The Client will not at any time, orally or in writing:
i. disparage the Agent;
ii. make any statement or publication which does, or is likely to, bring the Agent into disrepute;
iii. make any statement or publication, which may otherwise adversely affect the Agent’s reputation; or
iv. take any steps that would or may likely disparage or discourage any person from engaging with the Agent.
General
11.1 This Agreement (which for the avoidance of doubt, includes the Buyer Form) constitutes the entire agreement between the parties about its subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about its subject matter. The Client acknowledges that in entering this Agreement, it has not relied upon any representation made to it by the Agent outside of this Agreement.
11.2 This Agreement shall be governed by and construed in accordance with the substantive laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
11.3 If any part of this Agreement is inconsistent with any law, then to the extent of that or inconsistency (and not otherwise), that part will be of no effect. The inconsistent part will be removed, and the remaining enforceable provisions will remain in full effect.
11.4 The Agent’s failure or delay to exercise or enforce a right under this Agreement or provided by law is not a waiver of that right or part thereof.
11.5 Nothing in this Agreement will be construed to establish a partnership or joint venture between the parties.
11.6 The rights and obligations of each party under this Agreement are personal. They cannot be assigned, charged, or otherwise dealt with, without the prior written consent of all parties.
11.7 This Agreement may be altered only by written agreement of all parties.
11.8 This Agreement may be executed in counterparts. All executed counterparts constitute one document.
11.9 If the Client consists of more than one person or legal entity, this Agreement binds them jointly and severally. Any reference in this agreement to a party consisting of more than one person or legal entity includes a reference to any one or combination of them.
11.10 The Client warrants that the Client has authority to enter into this Agreement.
11.11 The Client acknowledges that they have been served with a copy of this Agreement in accordance with the Act and Regulations.
11.12 If this Agreement is served electronically or signed electronically, the Client agrees that the Client’s electronic signature and initials created for the purpose of executing this Agreement will be the electronic representation of the Client’s signature and initials for all purposes.
Immediate Termination
12.1.The parties acknowledge and agree that in circumstances where the Agent recommends, or the Client indicates their interest in, a property offered for sale by PRD Newcastle, Lake Macquarie, Central Coast or affiliated related offices ( a PRD Property), and the Client proceeds to purchase a PRD Property, the following applies:
i. This Agreement terminates immediately; and
ii. The Commission Fee is not payable.
12.2. The Client acknowledges and agrees that the Retainer Fee is still payable.
12.3. The Client acknowledges and agrees that the Agent may still be entitled to receive a commission or referral fee from the selling agent if the Client purchases a PRD Property but said fee will be paid to the Agent from the selling agent.