Website Terms and Conditions of Use
About the Website
Welcome to www.scottsalisburyhomes.com.au.
The Website facilitates interactions between:
- S.J. Salisbury Constructions Pty Ltd ACN 058 562 253 and SSG Real Estate Pty Ltd ACN 167 089 152 (we, us, our, ours); and
- users of this web site (you, Yours).
Access to and use of the Website and the Services is subject to these terms and conditions as amended from time to time (Terms).
In these Terms, the services that we provide to you are called the Services.
Updating these Terms
We may review and change any of these Terms at our sole discretion by updating this page.
If we do update these Terms, we will use reasonable endeavours to provide you with notice of those updates. Any changes to the Terms take immediate effect from the date of their publication on the Website.
We recommend you keep a copy of these Terms for your records.
Acceptance of the Terms
If you do not agree to these Terms, you must immediately cease use of the Website and the Services.
By using, browsing and/or reading the Website you are taken to have:
- read, understood and agreed to these Terms; and
- accepted and agreed to be bound by these Terms by registering for the Services.
You may also accept these Terms by clicking to accept or agree to the Terms where and if this option is made available to you on the Website.
House and Land Packages
S.J. Salisbury Constructions Pty Ltd holds builder’s licence number 57020 under the Building Work Contractors Act 1995 (SA).
SSG Real Estate Pty Ltd is registered agent RLA 262661 under the Land Agents Act 1994 (SA).
House and Land Packages that are promoted or advertised on the Website may involve the sale of land that we do not own. In that case when we offer such land for sale we are acting as agent for the owner of the land. The sale of any such land will be by private treaty and separate Sale of Land contract between you and the owner of the land.
If you wish to buy the land through us, you must also enter into a building contract with us for the construction of a house on the land. If you do not wish to enter into a building contract with us but you want to buy the land, you must deal with the owner of the land and negotiate a price with that owner. We will not be involved in those dealings.
If we do own the land, you must enter into a building contract with us if you want to buy the land.
The plans and specifications for any house we are to build for you are clearly spelt out in the contract documentation that we will prepare for you. You should check that documentation carefully, take your own independent legal and other advice on it and ensure that it covers all of the features you are expecting from your home before you sign it.
Copyright and Intellectual Property
The Website, the Services and all of our related products are protected by intellectual property laws.
The material on the Website is protected by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by us or our contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by us and we grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are accessing the Website to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in Your device’s cache memory; and
(c) printing pages from the Website for Your own personal and non-commercial use.
We do not grant to you any other rights whatsoever in relation to the Website or the Services or any of our other intellectual property. All other rights are expressly reserved by us.
We retain all rights, title and interest in and to the Website and all related Services.
Nothing you do on or in relation to the Website will transfer to you any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation or modification of such a thing, system or process).
You may not, without our prior written permission and the written permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any content on the Website or the Services or third party Services for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and comprising the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services or any products or Services (including our products or Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of our products; and
(d) the Services or operation in respect to links which are provided for Your convenience.
You acknowledge that the Website and the Services are only intended to facilitate the interactions between you and us and we do not offer any services other than the Services and we have no liability to you as a result of any conduct of a user.
Limitation of Liability
Our total liability to you arising out of or in connection with your use of the Website or the Services however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that we and our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Subject to local applicable laws, we reserve the right to suspend or deny, in our sole and unfettered discretion, your access to all or any portion of the Website or the Services without notice to you if you breach any provision of these Terms or any applicable law or if your conduct impacts (or has the potential to impact) our name or reputation or violates (or has the potential to violate) the rights of another party.
When your access to the Website comes to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify us, our affiliates, employees, agents, contributors, third party content or reward providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach by you of these Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the head of an appropriate mediation body selected by the President of the Law Society of South Australia or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Adelaide, South Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
The Terms are governed by the laws of South Australia and may be updated from time to time. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of that state, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that these Terms are fair and reasonable and that they have had the opportunity to obtain independent legal advice in relation to them.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.