Terms & Conditions

 

Terms of Use

Please read these terms of use (“Terms”) carefully and completely before using this website.

By entering this website or the links accessible through this website, you expressly agree to be bound by these Terms and the Avon Capital Estates (Australia) Limited ABN 81 054 418 343 (“the Company”) Privacy Policy.

The information and the resources contained on and accessible through this website and the Company Privacy Policy are made available by the Company, and/or its suppliers and vendors, and are subject to your agreement to our and their terms and conditions. 

The following Terms may be modified or varied by the Company at any time (either with or without notice to you) and the most recent version will be published on our website under the Terms of Use link. 

Intellectual Property and Licence

All materials on this website or any linked mobile applications, including the site’s design, layout, organisation, data and images are owned, trademarked and/or copyrighted by the Company, or its suppliers or vendors or members/subscribers, and are protected by the relevant Australian and International laws.

In consideration for the Company allowing you to access, use and submit content to this website:

 –           You grant and assign to the Company a non-exclusive, payment and royalty free, perpetual, world-wide, non-revocable licence to, use, reproduce, modify, delete, distribute, transmit, adapt, publish, make derivative works of, and otherwise commercialise and exploit any material you post, upload or otherwise transmit via this website or otherwise submit to the Company (“Content”)

–            You warrant that:

(i)          You own, or hold any necessary licence of any intellectual property rights in any Content;

(ii)         In utilising any Content, the Company will not infringe, violate or otherwise conflict with any intellectual property rights owned by a third party;

(iii)         Utilising any Content will not compromise the security or operation of the Company computer systems, through a virus or otherwise.

Links to Other Websites

  1. This website also includes links to other websites created and maintained by the Company’s suppliers, vendors, affiliates, users or members/subscribers. Be aware that the Company does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any other Internet sites.
  1. All information in any other website, or associated or linked site, is extracted, read, used, or relied upon by you at your own risk.

Conduct When Using This Website

By using this website, you expressly acknowledge and agree to be bound to these Terms:

  1. The accuracy of the Company website, information, and resources identified are not warranted or guaranteed, or intended to substitute for professional advice or information, to contradict advice or information given, or for further services and information of any kind.
  2. In using the Company website, you must not:
    • change or delete any copyright or proprietary notice from materials downloaded from this website or any website accessible through this site;
    • modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material from this website;
    • use or attempt to use any material published by the Company to create any website or publication;
    • mirror or frame this website or page within this website;
    • transfer or sell any information, functionality or products or services offered on this website.
  1. The Company may terminate your right to access and use this website at any time.
  2. The Company makes this website available for the sole purpose of providing general information on related topics and providing Internet access and search engines to identify various resources, products and services listed on the website.
  3. You understand and agree that neither the Company nor its suppliers or vendors or linked domain names are responsible or liable for any claim, loss, or damage, of any kind, directly or indirectly resulting from your use of this website or the information or the resources contained on or accessible through it.
  4. The Company may provide you with the ability to communicate with Company employees, management, users, contractors and advertisers through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, competition entries, SMS, online forums, inbound phone number services and other forms of electronic messaging. You acknowledge that those communications through the Company may be public and not private communications. Further, you acknowledge that communications should not be considered reviewed, screened, or approved by the Company.
  5. You acknowledge and agree that you must not do not do any of the following via or on the website:

(i)          transmit any information or material which is knowingly incorrect, misleading or deceptive;

(ii)         transmit any defamatory, infringing, obscene, indecent or unlawful information or material;

(iii)         use the communications services for any unlawful purpose;

(iv)        post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;

(v)         upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

(vi)        advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by the Company.

(vii)       authorise, aid, abet, encourage or incite any person to do any of the above acts.

  1. You hereby consent to allow the Company and its service providers to send you promotional material from time to time.

Indemnification

  1. You agree to indemnify, defend, and hold harmless the Company and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable solicitors’ fees) related to your violation of these Terms or use of this website in any manner.

Disclaimer

  1. The Company disclaims all express or implied representations or warranties with regard to the information, services, products, materials, and any other resources contained on or accessible through this website, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All information provided by the Company is made available “as is” and “as available” without warranty of any kind, or any express or implied promise, including, by way of example, its continuing availability.
  1. To the maximum extent permitted by applicable law, in no event will the Company be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this website, even if advised of the possibility of such damages.

General

  1. The Company’s failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision, obligation or right.
  1. These Terms and the resolution of any dispute related to these Terms or this website shall be governed by and construed in accordance with the laws of Queensland, without giving effect to any principles or conflicts of law. Any legal action or proceeding between the Company or its links, suppliers, users or vendors and you, related to these Terms or this website shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the state of Queensland.
  2. If any parts of these Terms are deemed to be unlawful, void or for any reason, unenforceable then that provision may be severed from these Terms and it will not affect the validity and enforceability of the remaining provisions. 

 

We note that all images and representations of River Cove Residences are typically that, a representation only and should not be relied upon as exact build outcomes.  Images are for marketing purposes only and do not represent the final product.  Your contract of sale from Thompson Sustainable Homes (QLD) Pty Ltd as the builder denotes all inclusions and built form materials.