TERMS AND CONDITIONS
ACCESS TO WEBSITE
These terms and conditions apply to the use of this web site, including the use of the information services offered on this web site. In using this web site , you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
Terminology
In these terms and conditions, the expressions 'we', 'us' and 'our' are a reference to Wyndham Harbour Pty Ltd ABN 43 100 847 809 and includes our related entities.
Web Site
All information provided by us at this web site is general information and is not in the nature of advice. In particular, we do not hold ourselves out to offer any investment advice. To satisfy yourself that Wyndham Harbour may be a satisfactory investment you must seek independent financial advice.
We derive the information on our web site from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide on the web site is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.
We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on the web site. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our web site.
You agree to use our web site for lawful purposes only.
Land Descriptions and Prices
Images, drawings, floor plans, dimensions, sizes and areas, location, and other information displayed on this web site for the description of land lots are for illustrative purposes only.
The actual land lots available for purchase will depend upon a range of variable factors outside our control, including, but not limited to, council building approvals and planning consent, finance, soil test and survey results and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body.
Actual measurements and locations of land lots will be set out in the contract of sale.
The prices specified for land lots are indicative prices only and will vary depending on a number of factors including, but not limited to, the location and size of the land lots.
House and Land Package Descriptions and Prices
Images, drawings, floor plans, dimensions, sizes and areas, materials, finishes, fittings and other information displayed on this web site for house and land packages are for illustrative purposes only and may include options available at extra cost.
We will not undertake the building works for any house and land package. The building works will be carried out by a building contractor from our panel of approved builders in accordance with design guidelines for Wyndham Harbour. You will enter into the building contract with the building contractor.
Final package prices and specifications will depend upon a range of variable factors outside our control including, but not limited to, building contractor requirements and variations, council building approvals and planning consent, finance, soil test and survey results, the final plans, specifications, fixtures and materials selected and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body.
Actual specifications for a particular home will be set out in the specific building contract.
Apartment Description and Prices
Images, drawings, floor plans, dimensions, sizes and areas, materials, finishes, fittings and other information displayed on this web site for apartment types are for illustrative purposes only.
The actual apartments available for purchase will depend upon a range of variable factors outside our control, including, but not limited to, council building approvals and planning consent, finance, soil test and survey results, the final plans, specifications, fixtures and materials selected and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body.
Actual measurements and locations of apartments will be set out in the contract of sale.
The prices specified for apartments are indicative prices only and will vary depending on a number of factors including, but not limited to, the location and size of the apartments, the number of bedrooms in the apartments and the number, size and location of car parks sold with the apartments.
Marina Berth Description and Prices
Images, drawings, plans, dimensions, sizes and areas, location, and other information displayed on this web site for marina berths are for illustrative purposes only.
The actual marina berths available for lease will depend upon a range of variable factors outside our control, including, but not limited to, council building approvals and planning consent, finance, survey results, and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body.
Approximate measurements and the locations of marina berths will be set out in the lease.
The premiums and rents specified for marina berths are indicative premiums and rents only. The terms of each lease, including but not limited to, the length of the term of each lease, the rent or premium payable for each lease and the outgoings for each lease (including, but not limited to maintenance and management contributions) may vary for each marina berth.
The marina berth leases will be licence agreement. The length of the term of each licence will never exceed the length of the term of the headlease for the marina, which is 99 years. As the marina berth licence will not commence until the marina has been constructed, the time it takes to construct the marina will be deducted from the length of the term of the marina berth subleases advertised on this website.
Wyndham Harbour Master Plan
The Wyndham Harbour Master Plan depicting the first and future stages for Wyndham Harbour, and the images, dimensions, sizes and areas, facilities, amenities, infrastructure, number of land lots, apartments and marina berths, the configuration of the facilities, amenities, infrastructure, land lots, apartments and marina berths and other information displayed on that plan are for illustrative purposes only.
The actual stages, facilities, amenities, infrastructure, number of land lots, apartments and marina berths and the configuration of the facilities, amenities, infrastructure, land lots, apartments and marina berths at Wyndham Harbour may change depending on a range of variable factors including, but not limited to:
- council building approvals and planning consent, finance, soil test and survey results and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body; and
- our feasibility studies and projections and market conditions.
As at 25 November 2009, that part of the land contained in the 'Future Stages' section of the Wyndham Harbour Master Plan shaded light pink and marked 'Subject to Rezoning' is zoned as green wedge, and must be rezoned before it can be incorporated into the Wyndham Harbour development. If it is not rezoned, it may not be developed as part of the Wyndham Harbour development, or developed at all. For further information, please contact us.
Disclaimer of Liability
We do not accept any responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods, or
- the repair of such goods, or
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; and
if the breach relates to services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
Any exclusion or limitation of liability set out in these terms and conditions or on the web site does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
We do not warrant the accuracy, adequacy or completeness of any information contained on this web site, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Where the information made available on this web site contains opinions or judgements of third parties:
- you acknowledge that any opinions or advice by third parties on this web site remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose;
- we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and
- we do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of any advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Intellectual Property Rights
You accept that the intellectual property rights subsisting in all materials on this web site are owned or licensed by us and that you gain no interest in relation to them. Such rights include rights relating to this web site's look and feel, idea and concept, and confidential information, whether or not they are reduced to material or tangible form. You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised by these terms and conditions.
Copyright
Copyright in this web site (including text, architectural plans and drawings, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this web site, or
- commercialise any information, products or services obtained from any part of this web site,
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade Marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks, or
- in connection with activities, products or services which are not ours, or
- in a manner which may be confusing, misleading or deceptive, or
- in a manner that disparages us or our products or services (including this web site).
Restricted Use
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use.
You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited.
You may not without our written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
You must not link to any part of this web site other than the www.wyndhamharbour.com home page without our written consent.
Privacy Policy
We undertake to comply with the terms of our privacy policy contained on this website.
When you visit this web site, our Internet service provider makes a record of your visit, and collects certain information for statistical purposes, such as your server address and domain name.
This web site makes use of cookies to make your access to this web site more convenient.
The personal information which we collect in the course of your visit to our web site is set out in full in our privacy policy on this website.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing Law
These terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We may update or amend these Terms & Conditions and our Privacy Policy from time to time. The then current version of the Terms & Conditions and Privacy Policy will apply each time you use our web site.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.