Summerlin Banyo. Terms and Conditions of Website Use. 1. Ownership of Website
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1 Summerlin Bany Terms and Cnditins f Website Use 1. Ownership f Website This Website is wned and perated by DFC (Prject Management) Pty Ltd ACN In these terms and cnditins (Website Terms), the expressins 'we', 'us' and 'ur' are a reference t DFC (Prject Management) Pty Ltd and includes its related entities. 2. Use f Website The Website Terms apply t yur use f this website. In using this website r by prceeding beynd the hmepage, yu agree t be bund by the Website Terms. If yu d nt accept the Website Terms, yu must refrain frm using this website. We may amend the Website Terms as necessary. Amendments will be effective immediately upn publicatin n this website. Yur cntinued use f this website fllwing such publicatin will be regarded as yur acceptance f the Website Terms as amended. In additin t these Website Terms there may als be specific and additinal terms that apply t certain sectins f the Website. Please review thse specific and additinal terms whenever they appear. In the event f any incnsistency between thse specific and additinal terms and these Website Terms, the specific and additinal prvisins will prevail. 3. User Cnduct Yu may use this Website nly fr yur persnal and nn-cmmercial lawful purpses unless we therwise agree in writing. Yu may nt, withut ur written permissin, make cmmercial use f the infrmatin btained frm the Website. Yu are respnsible fr all f yur activities in cnnectin with accessing and using the Website. Any abusive, fraudulent r therwise illegal r trtius activity may be grunds fr terminatin f yur access t the Website. Yu may nt pst r transmit any material r cmmunicatin intended t btain persnal data frm any Website user. Yu must nt disrupt r interfere with the Website r any related services, systems r netwrks. Yu must respect ther users privacy and nt interfere with their use r enjyment f the Website. Yu must cmply with all applicable lcal, state, natinal and internatinal laws and regulatins that relate t yur use f r activities n this Website. Yu agree t indemnify and hld us and ur related entities harmless frm any claim, actin, demand, lss r damages incurred by any third party arising ut f r relating t yur cnduct n this Website (including transmitting any defamatry, dergatry r ffensive statements r material t any persn), yur use f the Website, yur breach f these Website Terms, r yur breach f any rights f third parties. 4. Linked Websites This Website may cntain links t ther websites. These links are prvided fr cnvenience nly and may nt remain current r be maintained. We are nt respnsible fr the cntent r privacy practices assciated with linked websites, and yu acknwledge and agree that we have n cntrl ver and d nt mnitr third party websites. Unless expressed therwise in this Website, ur links t linked websites shuld nt be cnstrued as an endrsement, apprval r recmmendatin by us f the wners r peratrs f thse linked websites, r f any infrmatin, graphics, materials, prducts r services referred t r cntained n thse linked websites. If yu hyperlink t this Website yu must: a. btain ur cnsent;
2 5. Security f Infrmatin b. nt hyperlink t any part f this website ther than the hme page; c. attribute us as the riginal surce f the hyperlink; and d. cmply with all privacy, intellectual prperty and all ther applicable laws. Data transmissins ver the internet cannt be guaranteed t be ttally secure. Whilst we strive t prtect such infrmatin, we d nt warrant and cannt ensure the security f any infrmatin which yu transmit t us. Accrdingly, any infrmatin which yu transmit t us is transmitted at yur wn risk. Nevertheless, nce we receive yur transmissin, we will take reasnable steps t preserve the security f such infrmatin. 6. Acknwledgements Cntent n this Website cntains general infrmatin abut ur prducts and services. Unless therwise stated, such cntent des nt: cnstitute an ffer r inducement t enter int a legally binding cntract; frm part f the terms and cnditins fr ur prducts and services; purprt t prvide yu with persnal financial r investment advice f any kind; r take accunt f yur particular financial psitin r requirements. The advertisement f ur land packages and huse and land packages, including huse and land packages available in cnjunctin with third parties, des nt cnstitute an ffer fr sale r any kind f guarantee that the particular land packages and huse and land packages advertised n this website will be ffered fr sale r will be ffered fr sale at the lcatin, n the terms and fr the prices advertised n this Website. The fact that infrmatin is accessible thrugh this Website is nt a recmmendatin by us f the merits, r a guarantee f the perfrmance, f any f ur land packages r ur huse and land packages. We derive the infrmatin n this Website frm surces which we believe t be accurate and up t date as at the date f publicatin. We nevertheless reserve the right t update this infrmatin at any time. It remains yur respnsibility t evaluate the accuracy, cmpleteness and usefulness f any infrmatin btained frm this website. Yu shuld make yur wn inquiries and seek independent advice frm relevant prfessinals befre acting r relying n any infrmatin r material cntained n this Website. Yu acknwledge that where the infrmatin made available n this Website cntains pinins r judgements f third parties, are third party advertisements r links t third party advertisements: a. any pinins r advice by third parties n the website remain the respnsibility f thse third parties; b. we d nt purprt t endrse the cntents f that pinin r advice nr the accuracy r reliability f that pinin r advice; c. respnsibility fr the cntent f any advertisements appearing n this Website (including hyperlinks t advertisers' wn websites) rests slely with the advertisers; d. each advertiser is slely respnsible fr any representatins made in cnnectin with its advertisement; and e. we d nt accept liability fr lss r damage caused by yur reliance upn any infrmatin made available n this Website r linked websites by third parties including any judgments, pinins r advertisements made by third parties. Yu shuld make yur wn inquiries and seek independent advice frm relevant prfessinals befre acting n any infrmatin r material cntained n ur website.
3 7. Disclaimer The cntents f this Website are prvided n an as is and as available basis. We d nt warrant that the infrmatin is reliable, accurate r cmplete r that yur access t that infrmatin will be uninterrupted, timely r secure. T the fullest extent permitted by law we disclaim all warranties, express r implied, including warranties f fitness, merchantability, availability f gds r services, r nn-infringement. We d nt accept any respnsibility fr any lss r damage, hwever caused which yu may directly r indirectly suffer in cnnectin with yur use f the Website, its cntents r any linked website, nr d we accept any respnsibility fr any such lss arising ut f yur use f r reliance n infrmatin cntained n r accessed thrugh this Website including any infrmatin made available n this website r linked websites hsted by third parties. We d nt accept liability fr any failure n ur part t cmply with these Website Terms where such failure is due t circumstances beynd ur reasnable cntrl. 8. Limitatin f Liability Under the Australian Cnsumer Law (ACL), certain cnsumer guarantees may apply in respect f this website. Nthing in the Website Terms shuld be interpreted as attempting t exclude these cnsumer guarantees r limit ur liability fr breaching the guarantees. Subject t the applicable cnsumer guarantees, and t the extent permitted by law, we exclude any cnditin, guarantee r warranty which wuld therwise be implied int the Website Terms. If yu make a claim against us regarding the prducts r services we prvide n this Website: a. in respect f any breach r alleged breach by us f the cnsumer guarantees and the relevant prducts r services are nt a kind rdinarily acquired fr persnal, dmestic r husehld use; r b. in respect f any cause f actin ther than a breach f the ACL (including withut limitatin, fr breach f cntract r negligence by us), t the extent permitted by law, ur liability will be limited, at ur discretin, t: c. if the breach relates t gds the replacement f the gds, the repair f the gds, the payment f the cst f repairing the gds, r the supply f equivalent gds; and d. if the breach relates t services the supplying f the services again, r the payment f the cst f having the services supplied again. Any exclusin r limitatin f liability set ut in the Website Terms r n this website des nt attempt t purprt t exclude liability arising under statute if, and t the extent, that such liability cannt be lawfully excluded. We therwise expressly disclaim and exclude, t the full extent permitted by law, any liabilities impsed n us r implied int these Website Terms under any law whether in cntract, trt including negligence, statute r therwise. 9. Intellectual Prperty We wn, r are licensed t use, all the intellectual prperty rights (including cpyright and trade mark rights) subsisting in r relating t all infrmatin, text, cntent, materials, graphics, lgs, icns, sund recrdings, sftware, and surce cde n this Website. Other than fr the purpses f, and subject t the cnditins prescribed under, the Cpyright Act 1968 (Cth), and except expressly authrised by the Website Terms, yu may nt in any frm r by any means: a. adapt, reprduce, stre, distribute, print, display, perfrm, publish r create derivative wrks frm any part f this Website; r b. therwise cmmercialise any infrmatin, prducts r services, btained frm any part f this Website, withut ur written permissin, r in the case f third party material, frm the wner f the intellectual prperty rights in the third party material.
4 10. Errrs and Defects We d nt guarantee that this Website will be free frm errrs r viruses, r that access t this Website will functin as intended r uninterrupted. Yu must take yur wn precautins t ensure that accessing this Website des nt expse yu t the risk f viruses, malicius cmputer cde r ther frms f interference r damage t ur cmputer system which arises in cnnectin with yur use f this Website. Whilst we endeavur t keep this website up t date and accurate, we cannt guarantee that the infrmatin n this website will be up t date r accurate. 11. Privacy The Website Terms must be read in cnjunctin with ur privacy plicy. Yu agree that we may handle yur persnal infrmatin in accrdance with ur privacy plicy as amended frm time t time. 12. General Yu must nt assign yur rights under the Website Terms withut ur prir written cnsent. We d nt waive, and n actin f urs can be cnstrued as waiving, any rights available t us under the Website Terms. The terms and cnditins set ut in this dcument are severable. Where a term r cnditin is held t be invalid, unenfrceable r illegal fr any reasn, the remaining terms and cnditins shall cntinue t apply. 13. Terminatin f Access Access t this Website may be terminated at any time by us withut ntice. In the event f terminatin, all prvisins f these Website Terms which by their nature shuld survive terminatin shall survive terminatin, including withut limitatin wnership prvisins, disclaimers, indemnities, limitatins f liability, acknwledgments and intellectual prperty prvisins. 14. Jurisdictin These Website Terms are gverned by and cnstrued in accrdance with the laws f Queensland, Australia. Yu hereby irrevcably and uncnditinally cnsent and submit t the exclusive jurisdictin f the Curts f Queensland, Australia. 15. Descriptin and Prices Illustratins, phtgraphs, flrplans, diagrams, views and images are fr illustrative purpses and indicative nly and: may include ptins and upgrades available at an additinal cst; and may include items, such as landscaping and gardens, driveway, paving, decking, fencing and fittings nt supplied by the relevant builder. Widths and sizes, and any ther measurements stated, are estimates fr illustrative purpses nly. These may change due t develper and/r Cuncil requirements r changes effected under lcal, state r federal law. All infrmatin, tips and checklists prvided and pinins expressed n this website are prvided as a guideline nly and shuld nt be treated as advice. Custmers shuld seek their wn prfessinal advice, including legal and financial advice, befre deciding whether t btain finance r purchase their wn hme and/r land. If this website cntains hyperlinks and ther cntent prvided by third parties wh are nt assciated with us, we d nt in any way endrse r recmmend any such third party cntent r infrmatin. We recmmend that yu cntact the third party prvider if yu have any questins regarding such cntent r infrmatin.
5 Prices shwn are subject t final cntract, and any variatins agreed r required under lcal, state r federal law r any applicable planning cntrls. Final designs, csts, dimensins, inclusins, and ptins fr any package: may change frm the infrmatin prvided n the website; may be varied by the develper withut ntice; may be varied, depending n the ptins and upgrades chsen by the Purchaser; will be set ut in the applicable sale cntract. Prices published: are crrect as at the time f publishing but may change withut ntice after the date f printing r publishing; and d nt include stamp duty, legal fees, bdy crprate fees r any ther csts incurred in cnnectin with the purchase. The develper reserves the right t withdraw any prduct r package at any time withut ntice including in circumstances where the prduct r package becmes unavailable, sld r frmally ffered fr sale t a buyer.
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