Terms of use of our website
Introduction
Your access to and use of the www.sekisuihouse.com.au or other websites operated by Sekisui House Australia Holdings Pty Limited or any of its related entities or businesses (Website) are subject to these Terms of Use (Terms of Use) and our Privacy Policy available at www.sekisuihouse.com.au/privacy-policy. Prior to using the Website, you should read and understand these Terms of Use.
1. How these Terms of Use apply
(a) Interpretation
(i) Intellectual Property includes the information, text materials, floor plans, facades, design treatment text, graphics, logos, button icons, images, master plans, stage plans, design covenants, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and the content and features of the Website;
(ii) person includes an individual, a partnership and anybody whether incorporated or not;
(iii) Terms of Use means these terms of use to be read in conjunction with the Privacy Policy at www.sekisuihouse.com.au/privacy-policy
(iv) Third Party Content is given the meaning as contained in clause 7(a);
(v) we, us and our means Sekisui House Australia Holdings Pty Limited and its related entities and businesses;
(vi) Website means www.sekisuishouse.com.au or any other websites operated by Sekisui House Australia Holdings Pty Limited or any of its related entities or businesses; and
(vii) you and your means you as the user of the Website.
(b) Acknowledgment to be bound by these Terms of Use
(i) By logging into the Website and using the Website, you agree to be bound by these Terms of Use;
(ii) The Website is intended for residents of Australia only. We have no responsibility to any person using the Site who is not a resident of Australia.
2. Access
(i) Users can access the general Website
(ii) We reserve our rights to terminate your access to all or any part of the Website, without prior notice, if you engage in any conduct that, in our sole discretion:
(A) breaches any term or provision of these Terms of Use;
(B) breaches our rights or a third party’s rights; or
(C) is otherwise improper to allow continued access and use of the Website.
3. Website Content
(a) The Website may contain general information about our products and services. Unless expressly stated otherwise, the Website and Intellectual Property featured on the Website does not:
(i) constitute an offer or inducement to enter into a legally binding contract:
(ii) form party of the terms and conditions for our products and services;
(iii) purport to be error free or that the server that operates the Website is free from viruses or harmful components;
(iv) represent that the buildings that we construct based on floor plans, facades or design treatments will conform exactly to those floor plans, facades or design treatments;
(v) represent that the land that we deliver based on master plans, stage plans, lot layouts and design treatments will conform exactly to those master plans, stage plans, lot layouts and design treatments;
(vi) purport to provide you with personal, financial or investment advice of any kind; or
(vii) take account of your particular financial position or requirements.
4. Prohibited Use
You must not use the Website:
(i) for any activities that breach any laws or legislation;
(ii) to post or transmit words, images, information or any material that infringes a third party’s rights or privacy, or is contrary to any relevant standards or codes;
(iii) to post or transmit words, images, information or any material that defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using the Website;
(iv) to post or transmit any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(v) to tamper with, disrupt, interfere or hinder the operation of or make unauthorised modifications to the Website;
(vi) to knowingly transmit any virus or other disabling feature to or via the Website;
(vii) collect or store personal data about other users of the Website; or
(viii) to permit, aid or abet another person to do any of the above acts.
5. Our rights
You acknowledge and agree that we can:
(i) limit your ability to use this Website;
(ii) terminate your access to the Website at any time;
(iii) review these Terms of Use from time to time and may, on reasonable notice, vary update them periodically. If we make changes, we will place the amended terms on the Website which will become effective as soon as they are posted;
(iv) create an updated, upgraded or revised version of the Website which will become effective as soon as it is posted;
(v) discontinue the Website or any part of the Website and the services available on it;
(vi) allow third parties to provide their content and/or maintain parts of the Website for which we are not liable, as provided in clause 6, below; and
(vii) review the activities of users of the Website to ensure compliance with these Terms of Use.
6. Links and advertising – third party content
You acknowledge and agree that:
(i) the Website may contain Third Party Content, including advertising of products, information and services and links to third party websites;
(ii) any Third Party Content that appears on the Website is not provided, controlled or endorsed by us;
(iii) your legal relationship in respect of any transaction involving Third Party Content is solely with that third party and not us;
(iv) we are not responsible for:
(a) the content or accuracy of material include in the Third Party Content;
(b) any transaction that you may enter into with a third party as a result of the Third Party Content; or
(c) any loss or damage of any sort to incurred as the result of the Third Party Content;
(v) we have not reviewed the accuracy or completeness of the information or the suitability or quality of any of the products and services included in Third Party Content; and
(vi) we did not prepare or endorse the information on non Sekisui House sites, even if that information is linked to the Website.
7. Information used on the Website
(a) We are not responsible for:
(i) the accuracy, veracity and completeness of material or content on the Website;
(ii) errors in the manner of the input of material transmitted on the Website; or
(iii) any information you may lose as a result of equipment or power failures or our servers terminating your session due to prolonged periods of inactivity.
(b) You acknowledge and agree that all of the information contained in the Website is not legal or professional advice.
8. Privacy
These Terms of Use are to be read in conjunction with our Privacy Policy available at www.sekisuihouse.com.au/privacy-policy.
(i) Our Privacy Policy specifies that we must collect, store, provide access to, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
(ii) Whenever we collect information from the Website, the Website or any other online system, we do so in accordance with the Privacy Policy and the applicable State and Commonwealth legislation.
(iii) You must immediately notify us in writing if you do not want us to collect and use your personal information. If you do not contact us within one month of that information being collected, you are irrevocably deemed to have consented to us collecting and using such information.
9. Intellectual Property Rights
(i) The Intellectual Property cannot be used without our prior written consent.
(ii) Our Intellectual Property is protected by copyright, trade mark and other intellectual property laws, as contained by Australian legislation and in this clause.
(iii) You acknowledge and agree that if you contribute content or any material or Intellectual Property to the Website, such content, material or intellectual property will become our property and you hereby assign all rights, title and interests in and to such contributions to use.
Copyright
All copyright subsisting in the material in the Website (including, floor plans, facades and design treatments text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation in other jurisdictions, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:
(i) adapt, modify, copy, reproduce, republish, download, store, distribute, print, display, post, perform, publish or transmit in any medium, or create derivative works from any part of the Website; or
(ii) otherwise commercialise any information, products or services obtained from any part of the Website, without our written permission, or in the case of third party material, from the owner of the copyright in the third party material.
Trade marks
The Sekisui House and the semi circle and pentagon design trade marks used on the Website are registered our trade marks and other trade marks featured on the Website are owned by us or our related entities or business. We may also use third party trade marks that we have permission to use on the Website. Nothing on the Website gives you any licence or right to use any trade mark displayed on the Website without our express written permission or, if applicable, the third party owner of the trade mark.
10. Breach of these Terms of Use
(a) If you breach any of these Terms of Use, you must:
(i) immediately advise us of that breach;
(ii) immediately stop using the Website; and
(iii) not use the Website again until you are advised by us in writing.
(b) If you breach any of these Terms of Use, we may immediately suspend, terminate or limit your access to the Website:
(i) is something which cannot be remedied; or
(ii) if you fail to remedy the breach within 30 days of our written notice to you of that breach.
(c) If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act in respect of subsequent or similar breaches.
(d) If you do not notify us in writing in relation to a breach by us of the Terms of Use, your conduct is deemed to have waived your rights with respect to our breach.
11. Indemnification
You agree that you are responsible for and will indemnify, defend, and hold harmless us, and all our officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your:
(i) use of the Website;
(ii) wilful, negligent or unlawful act or omission by you in relation to, or in the course of using the Website
(iii) failure to comply with or breach these Terms of Use; or
(iv) breach of any applicable law or statute.
12. Limitation of liability
(a) We will not be liable for any loss, direct, indirect, incidental, special, consequential or exemplary damages (including for loss of profits, goodwill, information, data or other intangible losses), which you may directly or indirectly suffer in connection with your use of the Website or any linked website resulting from, but no limited to:
(i) the use or inability to use the Website or your use of the Website;
(ii) unauthorised access or alterations of your transmissions to or from the Website;
(iii) your use of or reliance on information contained on or accessed through the Website;
(iv) statements or conduct of any third party; or
(v) any other matter, however caused, relating to the Website.
(b) Subject to the consumer warranties and guarantees under the Australian Consumer Law and to the maximum extent permitted by law, we exclude any condition, guarantee or warranty which would otherwise be implied into these Terms of Use, provide that nothing in these Terms of Use should be interpreted as attempting to exclude these consumer guarantees or limit our liability for breaching the guarantees.
(c) If any condition or warranty is implied into these Terms of Use under the Australian Consumer Law or any equivalent State or Territory legislation and cannot be excluded, and we are able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option;
(i) In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of repairing the goods or of acquiring equivalent goods, or the payment of the cost of having the good repaired; or
(ii) In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(d) We specifically disclaim liability for each of the following:
(i) We do not warrant the accuracy, adequacy, currency or completeness of any information contained on the Website.
(ii) We are not liable for any loss suffered by you as a result of your reliance on the accuracy or currency of information contained on the Website.
(iii) Features and specifications of products and services described or depicted on, or available for purchase through, the Website are subject to change without notice.
(iv) Information on the Website has been prepared in accordance with Australian law and may not satisfy the laws of any other country.
(v) We assume no responsibility, and shall not be liable, for any damage to your computer equipment or other property due to your access to, or use of Website or by you downloading material from the Website.
(vi) We assume no responsibility, and shall not be liable, for any interruptions or errors in access to the Website or the accuracy, currency, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to Website.
(vii) We do not guarantee that the Website will be free from errors or viruses, or that access to the Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of the Website.
(viii) We do not warrant that data transmissions over the internet between us and you are totally secure. We do not warrant and do not 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.
13. Termination
(a) In the event that you have breached any of these Terms of Use, we may terminate your access to the Website without prior notice.
(b) In the event of termination, our specific disclaimers and general disclaimer and limitation of liability will survive termination.
14. Severability
If any parts of these terms of Use are deemed unlawful or void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.
15. Waiver
No waiver by us or our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstance under which such waiver was granted.
16. Notices
We will give you any necessary notices by posting them on the Website. You agree:
(i) to check the Website for notices; and
(ii) you are deemed to have received a notice when it is made available to you by posting on the Website.
17. Governing Law
(a) These Terms of Use and the resulting agreement between you and us are governed and are to be construed under the laws of New South Wales.
(b) You agree to submit to the exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.
NSW: Sekisui House Services (NSW) Pty Limited ABN: 42119550220. BL: 226045C. QLD: Sekisui House Services (QLD) Pty Limited ABN: 36119550257. BL: 1154622.