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Peet House and Land Packages – Terms of Use

 
The following sets out the terms and conditions (“Terms of Use”) upon which Peet Limited ABN 56 008 665 834 (“Peet”) and its subsidiaries and related entities (“Group Members”) permit you (“you” or the “User” or the "purchaser") to access and use the website accessed at http://www.peet.com.au (“Site”). The Site includes all information (including these Terms of Use), images, data, software and other materials on, or making up or accessed from (excluding linking to other websites) the Site (“Content”).

Unless and to the extent these Terms of Use expressly state otherwise, any other terms, policies and other documents referred to in these Terms of Use (including by way of hyperlink) are incorporated into and form part of these Terms of Use.

The Site is owned by Peet. The Content may also be owned or contributed to by, or relate to, Group Members and third parties.

1. You are agreeing to these Terms of Use

Each time you access the Site, you agree with Peet and each Group Member (collectively, "we" or “us”) to be bound by these Terms of Use, including as updated or amended from time to time.

These Terms of Use apply in addition to, and do not derogate from, any other terms or conditions that expressly apply to a specific product, service or promotion accessed via the Site or supplied or provided by any of us.

If you do not agree with these Terms of Use, you should not access or use the Site. In particular, you should not register your interest in respect of a particular product, service or promotion.

2. Changes and access

We may, from time to time, change the Site and/or the Content (including these Terms of Use) without notice, including by adding new terms and/or by adding and removing house and/or land products. Such changes will take effect from the time they are first uploaded to the Site.

We recommend that you:

  • print out a copy of these Terms of Use for your records; and
  • periodically check these Terms of Use on the Site for any amendments or changes that may be made to them from time to time.

We may at any time and in our sole discretion refuse or restrict your access to the Site or discontinue the Site, in whole or any part.
 
We accept no liability for any loss or damage suffered or incurred by you or any other person arising from or in connection with:
  • any changes to the Site or the Contents (including these Terms of Use); or
  • our refusal or failure to provide access to Site (including loss or damage related to Users being unable to access the Site because of any temporary or permanent faults or defects, maintenance or discontinuance of the Site).
3. Registrations of interest

Once you register your interest in respect of any product, service or promotion on the Site, your contact details will be submitted to our representatives.
 
By registering your interest and submitting your contact details via the Site, you consent to your contact details being be used for the purposes of:
  • contacting you in relation to your interest; and
  • using that information to deal with your interest and to provide our products and services to you.
We may also contact you to discuss the land component of the selected house and land package.
 
The relevant builder (or its representatives) may contact you regarding the house component of any house and land package you are interested in.

Consent to use and disclosure of your information

By registering your interest and submitting your contact details via the Site, in addition to the consent referred to above, you agree:
  • to have your contact details forwarded to the relevant builder (including its employees, agents, representatives and contractors used in connection with the promotion and sale of its products as they relate to your request) for the purposes of contacting you to discuss your interest regarding the house component of the selected house and land package; and
  • that we and the relevant builder may use that information (and disclose it to any employees, contractors, agents and other representatives that work with us and/or the relevant builder) for the purposes of:
    • dealing with your submission of interest any further enquiries; and
    • providing products and services to you.
A registration of interest does not create any interest in, or constitute any contractual relationship concerning any land or house product displayed in the package selected on the Site.

When you are contacted by our representatives, they will provide details regarding the cost of the land offered for sale. You will need to contact the relevant builder directly to obtain further details regarding the house component of the selected house and land package, as this information is only able to be provided by that builder.

If you are interested in constructing a house on the land, our representatives will provide a referral to the appropriate representative of a builder or builders participating in the estate in which the land is located.

Registrations of interest may also be made by you via telephone direct to one of our representatives.

By making a registration of interest, you are under no obligation to purchase the requested house and land package.

We do not charge you to make a registration of interest.

4. House and Land Packages

Each house and land package displayed on the Site consists of:
  • a land component; and
  • a home component,
each of which is sold separately and not interdependently of the other.
 
Peet and its Group Members do not act in partnership or by joint venture with builders in respect of the house and land packages displayed on the Site.
 
A Group Member sells the land only. Please note that a Group Member that is a licensed real estate agent may act as agent for Peet or other Group Members in respect of the sale of the land only.
 
Purchasers wishing to buy a house and land package will need to:
  • enter in to the land contract with the relevant Group Member who owns the land; and
  • enter into a separate contract with the relevant builder for the construction of the house.  
 
Peet and its Group Members have no responsibility or liability whatsoever in relation to the actions of, or products offered by, builders.
 
Purchasers must review all information carefully and make their own enquiries regarding that information. It is recommended that Purchasers obtain independent advice before proceeding.
 
5. Builders

The participating builders are not subsidiaries or related entities of Peet or any Group Member We make no representations and give no warranties about the builders’ ability to enter into or perform a building contract.
 
Unless and to the extent you and one of more of us enter into an express written contract to the contrary, neither Peet nor any Group Member will be liable for:
  • any failure by any builder to enter into or perform a building contract;
  • for any representations or misstatements made by any builder; or
  • for any loss or damage suffered by any purchaser or any other person in any way arising out of or in connection with:
  • a building contract, including the construction of or failure to construct a house or any delays in construction; or
  • a builder’s delay in entering or failure to enter into a building contract.
Promotional offers, incentives or ‘extras’ may be offered by a builder. Peet and its Group Members accept no liability or responsibility with regard to them. Such offers, incentives or ‘extras':
  • are not given by Peet or any Group Member;
  • are subject to such eligibility criteria, terms and conditions as may be imposed by the relevant builder offering them; and
  • do not form part of any offer or contract entered into by Peet or any Group Member with any purchasers.
6. Price

Prices shown on the Site are indicative only. The price for a house is based on the relevant builder's standard specifications and inclusions for the house as provided to us by the builder, confirmation of which Users can, and should, obtain themselves directly from the relevant builder.

Unless otherwise advertised, the price may be subject to exclusions such as landscaping, fencing and any other exclusions nominated by us or a builder.

Prices listed on the Site do not include transfer (also known as stamp) duty on the land contract or the building contract, registration fees (including registration fees in relation to the transfer of the land), local government change of ownership fees or any other fees or charges relevant to the acquisition of land or a home or the construction of a home. The purchaser is responsible for payment of these fees and charges separately.

Prices on the Site do not include legal fees or the cost of other services which may be required by a purchaser in relation to the land contract, the purchase of the land, the building contract or the construction of the home. The purchaser is responsible for payment of these fees and charges separately.

Prices on the Site are correct at the time of publication (based on the information provided to us by the builders), but may change as a result of variations in the inclusion or specification of the house required by the purchaser or changes in the local, state or federal government laws, increases in cost of materials and other inputs or requirements which affect the inclusions or specifications of the house. Unless a house price is advertised as a ‘fixed price’, it may vary in other circumstances as set out in the building contract and we have no responsibility, liability or obligation whatsoever in relation to any matter contained in the building contract. The land price is subject to adjustments under the land contract.

The land price may include rebates that are conditional on the purchaser meeting specified requirements in accordance with the land contact. For further details regarding these rebates, please speak to one of our representatives.

Prices and package details on the Site are not an offer to sell any house or land (or both). The price of a house and/or land can only be determined under a contract between the purchaser and the seller of the land or the builder of the house, as applicable.

We recommend that purchasers should make appropriate enquiries with their own advisors, our representatives and the builder's representative prior to entering into a contract in respect of the land or house.

7. Building Covenants

Alterations may be required to the advertised house to ensure it complies with any building, planning or other statutory requirements or restrictive building covenants applying to the land or the estate in which the land is located, and these alterations may increase the cost of construction.
 
We do not warrant or represent that all or any houses displayed on the Site comply with the building covenants relevant to the land being sold. All houses being built must comply with the relevant building covenants affecting the land. Purchasers are responsible for satisfying themselves as to the compatibility of the house with the land and the applicable building covenants.

Building covenants are available from our representatives for information purposes only. We make no representations or warranties regarding any such documentation that our representatives provide to you. We recommend that you obtain your own independent legal advice regarding building covenants applicable to the land and/or building. The building covenants provided by our representatives are subject to change and may not be identical to the building covenants included in any purchase contract for the land. You will need to satisfy yourself that your intended house complies with the building covenants contained in your purchase contract for the land as at the time of purchase.

8. Images and descriptions

Images (including photographs, illustrations and other images) and descriptions used on the Site and any promotional material associated with the Site (for example, flyers) are intended to be a visual and descriptive aid only and may show items or inclusions which do not form part of the house or land or the house and land package.

Advertisements and promotional elements may refer to features which are not available for all houses or house and land packages. Purchasers should make their own enquiries regarding the full specifications for any house and land package they are interested in and satisfy themselves prior to entering into any agreements or contracts in relation to the house and/or land.

9. DISCLAIMER

ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK.
No person should rely on, or act or refrain from acting solely on the basis of any of the Content or other information obtained from or in connection with the Site or any other website linked from the Site.

General information

The Site and its Content is provided for general information purposes only and does not in any way constitute advice or an approval or recommendation, nor an endorsement or sponsorship by Peet or any Group Member of any third party information (whether on the Site or obtained from any other website or by other means).

Independent advice

The information presented on the Site should not be construed as tax, investment, financial, accounting, legal, building or any other advice.

Purchasers are advised to seek their own independent taxation, investment, financial, accounting, legal, building and other advice in relation to Content, contracts, land and buildings and/or their development and construction and all other information before signing any “Offer & Acceptance” or entering into any contract.

Third party information

Furthermore, the Content or information you receive may include views or opinions of third parties. The fact that you receive this information from or in connection with the Site does not mean that these views or opinions are endorsed by Peet or any Group Member.

Where there is a link to a non-Peet or non-Group Member website this does not imply that Peet or any Group Member endorses that site or accepts any responsibility for the content or use of that other site and we make no representations or warranties regarding the truth, accuracy or any other aspect of the information located on any third party websites. Any such links are provided for convenience only and may not remain current.

General Disclaimer
  • YOU SHOULD NOT RELY ON ANY CONTENT AS THE BASIS OF ENTERING INTO A CONTRACT TO PURCHASE ANY LAND OR HOUSE (OR BOTH).
  • TO THE FULL EXTENT PERMITTED BY LAW INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND EXCEPT AS EXPRESSLY SET OUT ELSEWHERE IN THESE TERMS OF USE, PEET AND EACH GROUP MEMBER EXCLUDES ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES (EXPRESS OR IMPLIED), INCLUDING REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND, IN PARTICULAR, DOES NOT REPRESENT OR WARRANT THAT:
    • THE SITE IS ERROR FREE OR WILL BE OR REMAIN AVAILABLE TO ANY OR ALL USERS;
    • THE SITE OR CONTENT IS (OR ANY OTHER WEBSITE’S SOFTWARE, DATA OR FILES CONTAINED IN, ACCESSED VIA OR LINKED OR REFERRED TO IN THE SITE ARE) FREE OF DEFECTS OR VIRUSES, TROJANS, WORMS OR OTHER DELETERIOUS DATA, CODE OR PROGRAMS;
    • USE OF THE SITE IS WITHOUT RISK;
    • ANY DESCRIPTION, ILLUSTRATION, PHOTOGRAPH OR OTHER IMAGE OR STATEMENT CONTAINED ON THE SITE OR IN ANY ASSOCIATED PROMOTIONAL MATTER IS ACCURATE, COMPLETE, ERROR FREE OR CURRENT OR THAT IT ACCURATELY OR SUFFICIENTLY DESCRIBES OR SHOWS A PROPERTY, BUILDING OR LAND AND BUILDING PACKAGE OR THAT IT IS SUITABLE FOR THE PURPOSES OF ANY USER;
    • ANY OTHER CONTENT (INCLUDING INFORMATION REGARDING DISPLAYED PROPERTIES, HOUSES AND PACKAGES, RESEARCH, DATA REPORTS OR OPINIONS) ON, ACCESSIBLE VIA OR OBTAINED FROM THE SITE IS ACCURATE, COMPLETE, ERROR FREE OR CURRENT OR SUITABLE FOR THE PURPOSES OF ANY USER;
    • PERSONS CANNOT ACCESS OR USE THE SITE OR SERVICES ILLEGALLY OR FOR ILLEGAL PURPOSES; OR
    • OTHER USERS WILL COMPLY WITH THE LAW (INCLUDING THESE TERMS OF USE) WHEN USING THE SITE.

10. Exclusion of liability

To the full extent permitted by law (including in the case of any consumer contract in respect of which, or any condition or warranty that cannot by law be excluded but in respect of which, we are not prohibited from excluding our liability as set out in this clause), neither Peet nor any Group Member (nor any officers, employees, agents or contractors of Peet or the Group Members) are liable to you under these Terms of Use, law of tort (including negligence), legislation, common law, in equity or otherwise for any loss, damage, costs (including all legal costs of any kind), expense or liability of any kind (whether direct or indirect or consequential and whether due to the negligence or otherwise of any of Peet, the Group Members or the officers, employees, agents or contractors of Peet or its Group Members) suffered or incurred by you arising from or in connection with:
  • access to or use of the Site or any inability to access or use the Site or malfunction of the Site;
  • access to, use of or reliance on any Content on or obtained from the Site;
  • reliance on any advertisement or promotion on or related to the Site;
  • any errors or defects in the Site or Content;
  • any failure or breach (whether by Peet, the Group Members or any other person) of any security protections, mechanisms, protocols and/or procedures contained within or related to the Site;
  • the loss of or damage to any Content on the Site or any Feedback sent to Peet or a Group Member or any other person;
  • any defamatory, obscene, discriminatory or otherwise illegal information or other Content posted on the Site, or sent to us, by any third party; or
  • the unauthorised direct or indirect use of the Site or related services by other persons,
  • even if Peet or any Group Member (or their officers, employees, agents or contractors) have been advised of the possibility of such loss, damage, cost, expense or liability.

11. Other excluded loss or damage

To the full extent permitted by law (including in the case of any consumer contract in respect of which, or any condition or warranty that cannot by law be excluded but in respect of which, we are not prohibited from limiting our liability as set out in this clause), neither Peet nor any Group Member (nor any officers, employees, agents or contractors of Peet or the Group Members) are liable to you or any other person under these Terms of Use, law of tort (including negligence), legislation, common law, in equity or otherwise for:
  • any loss of revenue, profit or anticipated savings;
  • any loss of opportunity;
  • any loss or damage arising, whether directly or indirectly, from loss or corruption of data, other information or computer systems or from any business interruption; or
  • any indirect or consequential loss or damage, even if Peet or any Group Member (or their officers, employees, agents or contractors) has been advised of the possibility of any such loss or damage arising.

12. Feedback

We welcome your feedback, comments and ideas (“Feedback”) regarding the Site and our business. When you provide Feedback via the Site (including via forms or email links on the Site) you agree that in doing so:
  • you irrevocably assign all copyright in such Feedback to Peet;
  • without limiting the previous paragraph, you grant to Peet and each Group Member an irrevocable, perpetual, worldwide, fully transferrable, royalty free license to use (including to copy, modify, adapt or improve) and exploit in any other way (including to register, license, sell and commercialise in any way) all intellectual property rights in such Feedback;
  • you waive all rights to make, and agree you will not make at any time, any claim against Peet and/or any Group Member (or against any of our successors, assigns and licensees) regarding any use or other exploitation of the Feedback;
  • you consent to us (and any of our successors, assigns and licensees) using Feedback in a way that infringes your moral rights (including acknowledging us as an author of any work, not acknowledging you as an author of any work and making any modifications to any work as we see fit); and
  • you consent to us using and disclosing your personal information included or connected with your Feedback for the purposes of dealing with and otherwise exploiting your Feedback.

13. Intellectual Property Rights

The Site and its Content is comprised of matter (including copyright works and other subject matter) in which various intellectual property rights exist, including without limitation copyright, patents, designs, trade marks, goodwill, rights in computer programs and databases and any other similar rights of a proprietary nature (“Intellectual Property”).

All Intellectual Property in the Site or any Content (including if it is licensed to us) is the exclusive property of Peet, the Group Member that contributed it to the Site or our licensors (as the case may be).

Subject to our right to terminate permission for you to use any Intellectual Property in the Site or any Content, you may use the Intellectual Property only to the extent necessary to enable you to browse the Site (in the form it is available to the public) for your own personal use and to provide registrations of interest and Feedback. We reserve all other rights with respect to the Intellectual Property. For the avoidance of doubt, you may not use the Site or any Content for any commercial purpose and you may not reproduce, publish, communicate, transmit or incorporate into any other document or thing the whole or any part of the Site or the Content without the prior written permission of the Intellectual Property owner.

Access to the Site does not, unless and only to the extent expressly stated otherwise, confer on you any license or other rights in respect of the Intellectual Property in the Site or any Content.

We reserve the right to revoke at any time, with or without cause, your permission to use any copyright, trade mark or any other Intellectual Property in the Site or any Content.


14. Privacy

In using the Site you may give us or we may collect personal information. To know more about what personal information we collect and how we may use or disclose it please click on this link to view our Privacy Policy relating to the Site. In addition to any other consent in these Terms of Use, by using the Site you consent to us using your personal information in accordance with our Privacy Policy.


15. Your obligations

You agree you will not use any Content or other information, software or any other materials contained in or accessed or obtained from or otherwise in connection with the Site for any purpose that is illegal.

You agree you will not use, post or send to or via the Site any information or code (including any virus, script, program, bot, worm or other code) in any form that causes, or for the purpose of causing, harm of any kind to us, any User or any other person, the Site or any other property.

You agree that any information you provide to us (including by completing forms on the Site or emailing it to us or one of our representatives) in connection with the Site will be true, accurate, complete and up-to-date and will not be misleading.

In addition, you agree you will not:
  •  data mine or conduct automated searches of or on the Site or its Content;
  • incorporate without our express consent any of the Content in any listings, advertising, promotional or other information or materials except as these Terms of Use expressly provide otherwise; or
  • create links from the Site to any other website or frame or mirror the Site without our express prior written consent.

Compliance with laws

You agree you will comply with all applicable laws of Australia (including its States and Territories) and of any jurisdictions in which you reside or that otherwise apply to your use of the Site. You agree you will not use the Site for any illegal purpose or engage in any conduct in any way connected with the Site that is illegal.

You must not do anything that causes us to breach any law of any jurisdiction.

Foreign Acquisitions and Takeovers Act

You should note that if you are a foreign person (this includes individuals as well as foreign companies and trusts) you may not be permitted to acquire an interest in real estate without having obtained the prior approval of the Treasurer of the Commonwealth of Australia. If certain requirements are met you may enter into a conditional contract for the purchase of an interest in real estate before obtaining the relevant approvals.

Serious penalties can be imposed where a foreign person fails to comply with the requirements of the Foreign Acquisitions and Takeovers Act 1975 (Cth). You should ensure that you seek independent legal advice before entering into any contract for the purchase of any interest in real estate in Australia.


16. Your indemnity

You hereby irrevocably indemnify Peet, each Group Member, the officers, employees, licensees and contractors of any of them and Users (“Indemnified Persons”) and will keep each Indemnified Person indemnified from and against any and all loss, damage, cost (including reasonable legal costs on a full indemnity basis) or expense suffered or incurred by any Indemnified Persons, and from and against any liability any Indemnified Persons have to any other person, arising from or in any way connected with (whether directly or indirectly):
  • your breach of these Terms of Use; or
  • your acts or omissions (including negligence) and those of your officers, employees and contractors, in any way connected with (whether directly or indirectly) your use of the Site.

17. Governing law

These Terms of Use are governed by and shall be construed in accordance with the laws of the jurisdiction in which the land is located. You irrevocably submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any courts hearing appeals from those courts.


18. Interpretation

In these Terms of Use unless the context requires otherwise:
  • headings are for reference purposes only;
  • the singular includes the plural and vice versa;
  • reference to a person includes natural persons, a company or any other entity recognised by law;
  • where any word or phrase is defined, any other part of speech or grammatical form in respect of such word or phrase has a corresponding meaning;
  • the use of the word ‘includes’ or its other grammatical forms (or of similar expressions, including: ‘for example’) is not to be taken as   limiting the meaning of the words preceding it;
  • a reference to a ‘subsidiary’ or ‘related entity’ has the meaning given to   those terms in the Corporations Act 2001 (Cth).