WEBSITE TERMS OF USE

BANQ Group
Effective Date: 1 September 2026

1. Acceptance of Terms

These Website Terms of Use govern access to and use of the BANQ Group website and any associated websites operated by a BANQ Entity unless separate terms are expressly stated to apply.

By accessing or using this Website, you agree to these Terms.

If you do not agree, you must not use the Website.

2. BANQ Group

In these Terms, “BANQ”, “BANQ Group”, “we”, “our” or “us” means BANQ Group Pty Ltd and entities within the BANQ group from time to time, including:

  • BANQ Projects Pty Ltd;

  • BANQ Constructions Pty Ltd;

  • subsidiaries and related bodies corporate;

  • controlled entities and business divisions operating under the BANQ brand; and

  • affiliated entities expressly identified as participating in the relevant activity.

Each is a BANQ Entity.

References on this Website to BANQ Group do not mean that every BANQ Entity provides every service described.

Where regulated or licensed services are required, those services will be provided or performed by an appropriately authorised or licensed entity or contractor as required by applicable law.

3. Website Information Is General Only

The Website is provided primarily for:

  • general information;

  • marketing;

  • project information;

  • portfolio presentation;

  • business information; and

  • facilitating enquiries.

Unless expressly stated otherwise in a separately executed written agreement, Website information does not constitute:

  • legal advice;

  • financial advice;

  • investment advice;

  • planning advice;

  • building advice;

  • engineering advice;

  • taxation advice;

  • valuation advice;

  • property advice; or

  • other professional advice.

You should obtain independent professional advice appropriate to your circumstances before acting upon material contained on the Website.

4. No Contract or Binding Offer

Nothing on the Website constitutes:

  • a binding offer;

  • an offer capable of acceptance;

  • a building contract;

  • a development agreement;

  • a construction contract;

  • a consultancy agreement;

  • an investment agreement;

  • a joint venture;

  • a representation that a project will proceed;

  • a guarantee of price;

  • a guarantee of availability; or

  • any other binding commitment by BANQ.

A binding relationship will only arise where an authorised BANQ Entity enters into a formal agreement in accordance with its applicable contractual procedures.

Submitting an enquiry does not create a contract.

5. Property, Development and Project Information

Information about existing, proposed, completed or prospective:

  • properties;

  • developments;

  • construction projects;

  • refurbishments;

  • residences;

  • commercial projects;

  • hotel projects;

  • sites;

  • investments; or

  • opportunities

is indicative and general unless expressly incorporated into an executed agreement.

Information may change without notice due to matters including:

  • design development;

  • engineering;

  • planning;

  • certification;

  • building approvals;

  • authority requirements;

  • site conditions;

  • availability of materials;

  • consultant advice;

  • construction methodology;

  • client requirements;

  • commercial considerations; and

  • market conditions.

No representation is made that any project shown on the Website will proceed in the form shown or at all.

6. Plans, Renders and Images

Architectural plans, floor plans, elevations, sketches, renders, photographs, diagrams and illustrations may:

  • be conceptual;

  • be preliminary;

  • not be to scale;

  • include artist impressions;

  • show optional items;

  • show upgraded finishes;

  • show furniture or landscaping not included;

  • contain indicative dimensions;

  • depict elements subject to approval; and

  • change during design development.

They must not be relied upon as final construction documentation.

Final outcomes are governed by applicable executed agreements, approved documentation, specifications and statutory approvals.

7. Pricing, Costs and Estimates

Any price, rate, allowance, estimate, budget, development cost or other financial amount appearing on the Website is indicative only unless expressly stated otherwise in a binding written agreement.

Actual amounts may vary because of:

  • site conditions;

  • scope changes;

  • client selections;

  • authority requirements;

  • engineering;

  • design development;

  • market movements;

  • material availability;

  • labour costs;

  • taxation;

  • statutory charges;

  • escalation;

  • variations; and

  • other circumstances.

Website information does not constitute a fixed-price quotation.

8. Development and Planning Outcomes

BANQ does not warrant that:

  • planning approval will be obtained;

  • building approval will be obtained;

  • a proposed density will be approved;

  • subdivision will be approved;

  • a particular yield will be achieved;

  • an approval will be obtained within a particular period; or

  • any authority will accept a particular design or development outcome.

Approval outcomes remain subject to applicable legislation, planning controls, building requirements, authorities and professional assessment.

9. Investment and Financial Information

Unless expressly stated otherwise and lawfully provided by an appropriately authorised person, Website information is not:

  • financial product advice;

  • investment advice;

  • a product disclosure statement;

  • a prospectus;

  • an offer of securities;

  • an invitation to invest; or

  • a recommendation to acquire or dispose of any financial product.

Any projected:

  • return;

  • profit;

  • yield;

  • development margin;

  • valuation;

  • capital growth;

  • project outcome; or

  • financial performance

is inherently uncertain and must not be treated as guaranteed.

Independent financial, taxation and legal advice should be obtained before entering an investment or commercial arrangement.

10. Accuracy and Currency

BANQ takes reasonable care in preparing Website material.

However, to the maximum extent permitted by law, BANQ does not warrant that Website information is:

  • complete;

  • accurate;

  • current;

  • error-free; or

  • suitable for a particular purpose.

Information may be amended or removed without notice.

11. User Enquiries and Information

If you provide information through the Website, you warrant that:

  • the information is accurate to the best of your knowledge;

  • you are authorised to provide it;

  • you will not knowingly provide false or misleading information;

  • you will not impersonate another person;

  • your use is lawful; and

  • your submission does not infringe another person's rights.

BANQ may decline, discontinue or not respond to an enquiry at its discretion, subject to applicable law.

12. Intellectual Property

Unless otherwise stated, all intellectual property in or associated with the Website is owned by or licensed to BANQ or the applicable rights holder.

This includes:

  • branding;

  • logos;

  • trademarks;

  • names;

  • text;

  • photographs;

  • graphics;

  • architectural designs;

  • plans;

  • floor plans;

  • concepts;

  • renders;

  • illustrations;

  • videos;

  • specifications;

  • layouts;

  • design elements;

  • documents; and

  • Website content.

No intellectual property rights are transferred to a Website user.

You must not, without prior written approval:

  • copy;

  • reproduce;

  • adapt;

  • modify;

  • publish;

  • distribute;

  • sell;

  • licence;

  • reverse engineer;

  • commercially exploit;

  • create derivative works from; or

  • use for another development or project

any protected material.

You may make reasonable personal use of publicly available Website material solely for the purpose of considering BANQ's services.

13. Prohibited Conduct

You must not:

  • use the Website unlawfully;

  • attempt unauthorised access;

  • interfere with Website operation;

  • attempt to access restricted systems;

  • scrape or harvest information using automated systems without permission;

  • introduce viruses, malware, ransomware or malicious code;

  • conduct penetration testing without written authority;

  • impersonate another person;

  • misuse BANQ intellectual property;

  • interfere with another user;

  • use Website information fraudulently;

  • use the Website to infringe another person's rights; or

  • use BANQ content to misrepresent an affiliation with BANQ.

14. Website Availability

BANQ does not guarantee continuous or uninterrupted Website availability.

We may:

  • suspend;

  • alter;

  • update;

  • restrict;

  • withdraw;

  • discontinue; or

  • replace

all or part of the Website without notice.

BANQ is not responsible for interruption caused by maintenance, technical failure, internet failure or circumstances beyond its reasonable control except to the extent responsibility cannot lawfully be excluded.

15. Cybersecurity and Electronic Communications

BANQ takes reasonable steps to protect its digital systems.

However, internet-based systems and electronic communications carry inherent risks.

To the maximum extent permitted by law, BANQ does not warrant that:

  • the Website will always be secure;

  • electronic communications will always remain confidential;

  • third-party infrastructure will never be compromised;

  • files will always be free of malicious code; or

  • cyber incidents will never occur.

You are responsible for maintaining appropriate security on your own devices and systems.

BANQ recommends independently verifying any unusual request involving:

  • payment;

  • banking details;

  • changed account details;

  • confidential information; or

  • financial instructions.

BANQ will never be responsible for a payment directed to an incorrect account merely because a communication purporting to be from BANQ was received, where reasonable verification would have disclosed that the instruction was fraudulent, subject always to any liability that cannot lawfully be excluded.

16. External Cyber Events and Third-Party Systems

BANQ may use third-party:

  • hosting services;

  • cloud systems;

  • CRM platforms;

  • communications providers;

  • email services;

  • software;

  • analytics platforms;

  • payment providers; and

  • other technology services.

To the maximum extent permitted by law, BANQ is not liable for loss caused solely by the independent act or omission of a third-party provider, cybercriminal or other person outside BANQ's reasonable control, except to the extent BANQ is legally responsible for that loss under a law that cannot be excluded or modified.

17. Third-Party Websites

The Website may link to third-party websites.

BANQ does not control those websites and does not endorse or guarantee:

  • their content;

  • their security;

  • their availability;

  • their products;

  • their services;

  • their privacy practices; or

  • their accuracy.

Use of third-party websites is at your own risk.

18. Australian Consumer Law and Non-Excludable Rights

Nothing in these Terms excludes, restricts or modifies:

  • any consumer guarantee;

  • statutory guarantee;

  • condition;

  • warranty;

  • right;

  • remedy; or

  • liability

that cannot lawfully be excluded, restricted or modified.

Where legislation permits liability to be limited, BANQ's liability will be limited to the maximum extent permitted by that legislation.

19. Disclaimer of Warranties

Subject to clause 18 and to the maximum extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis.

BANQ excludes all representations, conditions and warranties that are not expressly stated and that may lawfully be excluded.

20. Limitation of Liability

Subject to clause 18 and to the maximum extent permitted by law, BANQ and the BANQ Protected Parties will not be liable for:

  • indirect loss;

  • consequential loss;

  • special loss;

  • incidental loss;

  • loss of profit;

  • loss of revenue;

  • loss of opportunity;

  • loss of anticipated savings;

  • loss of financing;

  • loss of investment opportunity;

  • loss of goodwill;

  • business interruption;

  • loss arising from reliance upon Website information;

  • loss caused by Website interruption;

  • loss caused by third-party websites;

  • loss caused solely by events outside BANQ's reasonable control; or

  • loss arising from unauthorised or unlawful use of the Website by another person.

For the purposes of these Terms, BANQ Protected Parties means BANQ Group, each BANQ Entity and their respective directors, officers, employees, representatives and authorised contractors.

Nothing in this clause excludes liability that cannot lawfully be excluded.

21. Limitation Where Liability Cannot Be Excluded

Where BANQ is liable for a failure to comply with a guarantee relating to services and the law permits the liability to be limited, BANQ's liability is limited, at BANQ's election, to:

  • supplying the relevant services again; or

  • paying the reasonable cost of having the relevant services supplied again.

This clause only applies where such limitation is permitted by law.

22. User Indemnity

To the maximum extent permitted by law, you indemnify and hold harmless the BANQ Protected Parties against claims, liabilities, damages, losses and reasonable costs arising directly from:

  • your material breach of these Terms;

  • your unlawful use of the Website;

  • your unauthorised access or attempted access to BANQ systems;

  • malware or malicious code knowingly or negligently introduced by you;

  • your infringement of third-party intellectual property rights;

  • information you knowingly provide that is false, fraudulent or materially misleading;

  • your misuse of BANQ intellectual property;

  • your violation of another person's privacy or legal rights; or

  • fraudulent or unlawful conduct carried out through your use of the Website.

This indemnity does not apply to the extent the relevant liability was caused or materially contributed to by:

  • BANQ's fraud;

  • BANQ's wilful misconduct;

  • BANQ's negligence where liability for that negligence cannot lawfully be excluded;

  • BANQ's breach of a non-excludable statutory obligation; or

  • any other conduct for which liability cannot lawfully be excluded.

This clause survives termination of your use of the Website.

23. Privacy

Personal information submitted through the Website is managed in accordance with the BANQ Group Privacy Policy and applicable law.

24. Marketing Communications

Where you separately consent or where otherwise permitted by law, BANQ may provide relevant commercial communications.

You may unsubscribe from marketing communications using the mechanism provided in those communications.

25. No Waiver

Failure by BANQ to exercise a right under these Terms does not constitute a waiver of that right.

26. Severability

If any provision of these Terms is invalid, illegal or unenforceable:

  • it will be read down to the minimum extent necessary to make it valid and enforceable where possible; or

  • otherwise severed,

without affecting the remaining provisions.

27. Entire Website Terms

These Terms govern use of the Website only.

Separate contracts entered into between you and a BANQ Entity will govern the goods, services, projects or transactions covered by those agreements.

If there is an inconsistency between these Website Terms and an executed agreement relating to a particular transaction, the executed agreement prevails in relation to that transaction.

28. Assignment and Corporate Restructure

BANQ may transfer or assign its rights associated with operation of the Website to:

  • a related body corporate;

  • successor entity; or

  • entity acquiring the relevant BANQ business,

subject to applicable law.

29. Changes to These Terms

BANQ may update these Terms from time to time.

The current version will be published on the Website with its effective or last-updated date.

Changes apply prospectively from publication unless otherwise required by law.

30. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Subject to any law providing otherwise, the parties submit to the jurisdiction of the courts of Queensland and courts entitled to hear appeals from them.

31. Contact

For enquiries relating to these Terms, contact:

BANQ Group

using the contact details published on the BANQ Group website.

Effective Date: 1 September 2026