Terms of Use

 

Last Updated January 2015

 

These are the terms of use (“Terms of Use”) for your use of services or features on this website owned and controlled by AXXA Homes Pty Ltd ACN 602359991 (“AXXA Homes”). We may add additional websites from time to time as we expand our offerings and these Terms of Use will govern this and those new websites when added. You may be accessing our website from a computer or mobile device (through an iPhone application, for example) and these Terms of Use govern your use of our site and your conduct, regardless of the means of access.

 

These Terms of Use and any other policies governing the operation and use of the website may be amended by AXXA Homes from time to time by posting those amendments on the website without any notice to you. Those amendments apply to your next usage of the website. You are responsible for ensuring that you regularly review the website and these Terms of Use, the Privacy Policy and any other Policy.

 

Your use of the website and continued use of the website after any changes are made, will signify your agreement to these Terms of Use and our Privacy Policy and our Disclaimers Policy any other Policy and be deemed to constitute your acceptance of any changes to these Terms of Use, the Privacy Policy and our Disclaimers Policy and any other Policy.

 

If you object to any of the Terms of Use, the Privacy Policy, the Disclaimers Policy or any other Policy or any subsequent changes to them, or become dissatisfied with our services in any way, your only remedy is to immediately close your account and/or stop using our services.

 

When you use the website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. Product Information
    1. All material and information displayed on the website is for informational purposes only. All photographs and images are for illustrative purposes only.
    2. Representations about views that may have been used by AXXA Homes on this website as part of its marketing materials may not be the actual views that will be available from the dwelling is completed. You may not exercise any rights as against AXXA Homes because of any views depicted marketing materials differ from the actual views available when completed.
    3. All prices displayed on the Website are quoted in Australian Dollars and are valid and effective as of 1 January 2015.
    4. Pricing is subject to contour survey, soil classification and council approval. Package prices are based on preferred builders siting, site costs, basix and council requirements.
    5. Prices are subject to change effective immediately upon posting to the website or other form of notification. Availability information is subject to change without notice.
    6. While all descriptions, dimensions and other details shown on the floor plans are given in good faith and are believed to be correct you should not rely on them as statements or representations of fact.
  2. Privacy

 

To the extent we are legally required, we will adhere to the Privacy Act (1988) (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012. All information that we process on the Website or through email or telephone will be managed and used in accordance with our Privacy Policy.

 

  1. Intellectual property rights

 

  1. The Website and its “look and feel” and all information, graphics, photographs, content, image rights, sounds, music, video, audio or text on the Website and all intellectual property rights contained therein, including, without limitation, trademarks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the “Content”), are owned by, and is the property of, AXXA Homes.
  2. All plans provided in the website and/or downloadable from the web site are copyright protected and no part may be used, reproduced or copied by any means or in any form without the prior permissions of AXXA Homes Pty Ltd.
  3. Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to any portion of the Website.
  4. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited.
  5. AXXA Homes makes no recommendations as to the use of any information or Content on the Website which may infringe the intellectual property rights of itself or any third parties. AXXA Homes makes no representations or warranties that use of the information or Content on this Website will not infringe such intellectual property rights.

 

  1. Third Party Content and Third Party Website

 

AXXA Homes may provide content of third parties (“Third Party Content”) or links to Third Party Websites as a service to those interested in this information. AXXA Homes does not monitor, approve or have any control over any Third Party Content or the Third Party Websites and the inclusion of links to Third Party Content or Third Party Websites does not imply any association or relationship between AXXA Homes and such third party. AXXA Homes does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Websites.

 

 

  1. Disclaimer

 

  1. AXXA HOMES IS PROVIDING THE WEBSITE and ITS CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE OR AS PART OF THE REVIEW SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AXXA HOMES DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  2. AXXA HOMES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE REVIEW SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
  3. In particular, AXXA Homes is not a builder. Your contract to construct the dwelling is with a registered builder and AXXA Homes is in no way liable for any damages of any kind arising out of or in connection to your builder or your contract with your builder, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of income or profit and claims of third parties.
  4. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect your personal information, we do not warrant and cannot guarantee the security of your personal information. Accordingly, your personal information is transmitted at your own risk.

 

  1. Governing Law

 

The law applicable to these Terms of Use is governed by the law in force in the state of Victoria, Australia.  You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

 

  1. General

 

  1. The provisions of these Terms of Use are severable, and if any provision of these Terms of Use is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
  2. You agree that these Terms of Use and all incorporated agreements may be assigned by AXXA Homes, in our sole discretion, to related entities or third parties. You may not assign these Terms of Use without AXXA Homes’s express prior written consent.
  3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  4. AXXA Homes’s failure to act with respect to a breach by you or others does not constitute a waiver of that breach or waive our right to act with respect to that breach or subsequent or similar breaches.
  5. These Terms of Use and any other Policy comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
  6. Nothing in these Terms of Use or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
  7. Clauses 3 and 5 shall survive any termination or expiration of these Terms of Use.