Welcome to the website of Arden Vale Homes.

This website www.ardenvale.com.au (including any features and mobile device applications) is owned and operated by Arden Vale Homes Pty Ltd ACN 082 471 449, who is referred to in these Terms and Conditions as “Arden Vale Homes” “we”, “us”, “our” and similar grammatical forms.

The material on the Website is copyright © 2020 Arden Vale Homes.

These Terms and Conditions, which incorporate our Privacy Policy and other documents referred to within these Terms and Conditions, govern your access and use of the Website and the supply of any goods ordered by you through other means.

By accessing, browsing and using the Website, you agree to be legally bound by these terms and conditions and the documents listed in clause 10.1, as may be updated by us from time to time without notice to you (together forming the “Terms and Conditions”). We reserve the right to change these Terms and Conditions with or without further notice to you and without giving you any explanation or justification for such change. You should check our Website regularly to take notice of any changes we may have made to the Terms and Conditions. By continuing to access, browse or use the Website or making an Order, you agree to be bound by such revised Terms and Conditions.

1.1 You must only use the Website in accordance with these Terms and Conditions and any applicable law.

1.2 You must not misuse this Website. Accordingly, through your access or use of the Website, you will not:

1. manipulate, reproduce, distribute, re-transmit any of the material in any material form by any medium of communication;
2. upload or repost any of the material to any other site on the Internet;
3. “frame” any of the material on the Website with other material on any other website;
4. commit or encourage a criminal offence;
5. undertake any fraudulent, abusive or illegal activity;
6. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
7. hack into any aspect of the Website;
8. corrupt data;
9. cause annoyance to other users;
10. infringe upon the rights of any other person's proprietary rights;
11. send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
12. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

1.3 The above are unlawful in any jurisdiction and are expressly prohibited by these Terms and Conditions.

1.4 Breaching this provision would constitute a criminal offence, and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

1.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access or use of this Website or due to you clicking or downloading any material posted on it, or on any Linked Sites.

1.6 The access and use of the Website is permitted on a temporary basis, and we reserve the right to withdraw, restrict or amend the Website at our discretion and without notice to you. Also, we may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we are not liable for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

1.7 We do not warrant, guarantee or make any representation that:

1. the Website or the server that makes the site available on the Internet are free of software viruses or other types of viruses;
2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
3. errors and defects in the Website will be corrected.

1.8 We are not liable to you for:

1. errors or omissions in the Website, or any Linked Sites on the Internet;
2. delays to, interruptions of or cessation of the services provided on the Website, or Linked Sites; and
3. defamatory, offensive or illegal conduct of any user of the Website, whether caused through our negligence or the negligence of our employees, contractors or agents, or through any other cause.

1.9 You agree to indemnify, defend and hold harmless Arden Vale Homes, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees on an indemnity basis) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.

2. Third-Party Linked Sites & Information on the Website

2.1 This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control (“Linked Sites”). In relation to the Linked Sites, we:

1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the Linked Site; and
2. are not responsible for the material contained on those Linked Sites.

2.2 The information, content and goods contained on this Website is general information only and has been either supplied by us, third-party merchants, suppliers or manufactures. While reasonable efforts have been made to ensure the information and goods are accurate at the time of displaying on the Website, this may no longer be the case. Various aspects of the information and content displayed on the Website, the products and goods displayed on the Website, and the Website itself, may have changed or may change in the future.

2.3 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

2.4 We may make the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or Linked Sites on the Internet. You should not rely on this information or content in entering (or not entering) into any contract or Order, and any prospective purchasers should make their own enquiries and obtain independent advice.

2.5 All images, designs, photographs, videos, renders or goods instructions or manuals are indicative only and may not be an exact representation of the products and services received. The products may differ to some extent in visual appearance from the way that they appear and are displayed on the Website. To the extent permitted by law, we disclaim all liability for any inaccuracy or errors in the information provided, supplied to us or by these third parties, and we are not liable and cannot be held responsible for any loss or damage whatsoever arising out of or in connection with the use of or reliance on the information or content on the Website.

3. Disclaimer of liability

3.1 We are not responsible to you or anyone else for any direct or consequential loss suffered in connection with the use of the Website. We exclude, to the fullest extent permitted by law, any liability for any direct, indirect, special or consequential loss or damage which may be suffered as a result of use of the Website. By using the Website, you agree to indemnify us for any loss or liability arising out of you and/or your employees, contractors or agents using the Website.

3.2 To the full extent permitted by law, we disclaim any and all warranties, express or implied, regarding:

1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any Linked Sites; and
2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any Linked Sites.

3.3 We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

1. acting, or failing to act, on any information contained on or referred to on the Website or any of the Linked Sites; and
2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any Linked Sites.

3.4 We do not warrant, guarantee or make any representation that:

1. the Website or the server that makes the site available on the Internet are free of software viruses;
2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
3. errors and defects in the Website will be corrected.

3.5 We are not liable to you for:

1. errors or omissions in the Website or Linked Sites on the Internet;
2. delays to, interruptions of or cessation of the services provided on the Website, or Linked Sites; and
3. defamatory, offensive or illegal conduct of any user of the Website, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

3.6 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

3.7 The disclaimers above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

1. if the breach of an implied warranty or condition relates to services:
2. the advertised price of the re-supply of the services; or
3. the payment costs of having the services supplied again capped at our advertised price of those services (if any); and
4. if the breach of an implied warranty or condition relates to goods:
5. the replacement of the goods or the supply of equivalent goods;
6. the repair of such goods; or
7. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired, capped at our advertised price of those goods (if any).

This clause survives termination of these Terms of Use.

4. Intellectual property, software and content

4.1 We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by Arden Vale Homes.

4.2 The intellectual property rights in all goods, software and content (including photographic images, specifications and designs) made available to you by Arden Vale Homes, or on or through this Website remain the property of Arden Vale Homes or its licensors and are protected by copyright laws and treaties around the world. We reserve all of our rights and the rights of our licensors.

4.3 You must not lodge any application for the statutory protection of any intellectual property belonging to Arden Vale Homes within Australia or anywhere in the world.

4.4 You acknowledge any new products or improvements of the intellectual property developed or created by you and all proprietary rights in any enhancement of the intellectual property vests with Arden Vale Homes immediately upon creation, whether prior to the date of receipt of this document or in the future. You irrevocably agree to an indefinite, royalty free and licence fee free irrevocable licence to us of all rights in any new products or improvements of the intellectual property developed or created by you.

4.5 Despite the above restrictions on the use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.

4.6 You are not allowed to use our logo or any brand or trademark (or any marks which are similar in nature) without our prior written consent.

4.7 You may not modify or copy:

1. the layout of the Website;
2. any computer software and code contained in the Website;
3. any designs supplied by Arden Vale Homes; or
4. any software, program or code contained in any designs or products supplied by Arden Vale Homes.

4.8 The material provided on the Website is supplied for personal use only and may not be:

1. re-sold or re-distributed in any material form;
2. stored in any storage media; or
3. re-transmitted in any media, without our prior written consent.

4.9 You may link to our Website home page, provided you do so in a way that is non-commercial, fair and legal and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor can you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

4.10 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us. All other trademarks or service marks on this Website are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other property rights or legal protections and could result in criminal or civil penalties

5. Collection of Personal Information & our Privacy policy

5.1 Our Privacy Policy, which sets out how we will use your information, can be found here. By visiting or accessing our Website, or dealing with us in any way, you consent to the collection, handling and processing of your personal information outlined in our Privacy Policy and warrant that all information that is provided by you is accurate and up to date.

5.2 We and any people or legal entities authorised by us may collect and process the personal information:

1. which you may provide when accessing the Website, such as your name, email address, phone number and other personal information about you; and
2. regarding how you use the Website including, without limitation, information acquired through the use of "cookies" delivered to your computer when you access our Website.

5.3 We may authorise others to offer you goods and services using the information that we have collected.

5.4 We will comply with the Privacy Law Act 1988 (Cth) and the Australian Privacy Principles concerning our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, handle, store and use your personal information.

5.5 There is no method of transmission over the Internet or through electronic storage through our engaged providers that is fully secure. We cannot guarantee the security of your personal information. If we are required by law to inform you of any unauthorised access, use, or disclosure of your personal information, then we will notify you electronically, in writing or by telephone (if required and permitted to do so by law).

5.6 Our websites do not necessarily use encryption or other technologies to ensure the secure transmission of information via the Internet. Anyone using our Website is encouraged to exercise care in sending personal information via the Internet.

6. General

6.1 Entire agreement: Unless expressly stated by us, the following documents constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us or any prior Terms and Conditions published on the Website. The documents are as follows:

1. These Terms and Conditions; and
2. Our Privacy Policy (available here).

If there is any inconsistency between the documents above, a document higher in order will prevail over a document lower in order, to the extent of any inconsistency.

6.2 Variation: We have the right, in our absolute discretion at any time and without notice to you, to amend, remove or vary these Terms and Conditions or any page of this Website.

6.3 Invalidity: If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

6.4 Waiver: Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us. Without limiting the preceding, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

6.5 Assignment & Change of Control: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We are entitled to and may, from time-to-time in our discretion, do any of the following:

1. assign, delegate, transfer, licence, sublicence, sub-contract, sub-let, novate these Terms and Conditions, or any part of these Terms and Conditions, or assets under this Agreement (including any Intellectual Property and Accounts) or any obligations or rights under these Terms and Conditions; or
2. sell all, or part of, itself, or its assets (including any Intellectual Property and Accounts); or
3. change, or vary, in any way our legal or corporate structure and/or the legal or beneficial ownership of the shares, without notice or your prior agreement and for any purpose that we deem necessary, or that we require or for the sake of convenience, and without any reason.

6.6 Notices: Unless otherwise stated within these Terms and Conditions, a notice or other communication connected with these Terms and Conditions has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by us to you using your last notified email address, or by you to us at our registered office.

6.7 Governing Law: These Terms and Conditions will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms and Conditions.

6.8 Complaints: You may contact us at any time if you have any questions or concerns about our Terms of Use. You may make a complaint to us using the contact details set out below.

7. Contact Information

7.1 If you have any questions or concerns or you experience any issues with our service, our Website or any Order that you make, then we encourage you to contact us to resolve your enquiries by using the following contact details:

Attention: Tim Waring
Email: tim@ardenvale.com.au

These Terms and Conditions were last updated on 28 July 2020.