Terms & Conditions
WEBSITE AND DISCLAIMER
This website (“site”) and its contents are owned by Living Choice Australia Pty Ltd (“LCA”). For the purposes of this site, LCA includes all entities for which LCA Pty Ltd has management responsibilities.
The following sets out the terms and conditions upon which LCA and its subsidiaries and related entities permit you to access and use the site.
The site contains a number of products that may be offered for sale by LCA.
All information (including but not limited to price, general descriptions, and other content) on this site is provided as a convenience to you. Prices displayed on the site are current at the time of issue but may change at any time without notice and are subject to availability. Pricing does not include any statutory fees payable by the Buyer (e.g. stamp duty, registration fees or any other incidental fees associated with the acquisition of a home.
The Somerton Residences (“the Development”) pricing and availability of lots is subject to change without notice or obligation. Buyers should contact a Real Estate Agent appointed by LCA to confirm availability and price.
Prices do not include stamp duty, registration fees or any other incidental fees associated with the acquisition of a home. Buyers will need to pay these fees and charges separately.
Buyers should confirm all dimensions, plans, specifications, inclusions and pricing with LCA. LCA gives no warranty and makes no representation regarding the accuracy or sufficiency of any photograph, image or description.
The Buyer is advised to seek their own independent legal and financial advice before entering into Contract to purchase a home.
EXPRESSION OF INTEREST DISCLAIMER
LCA agrees to sell and the Buyer agrees to purchase a home generally on the terms and conditions set out in the Expression of Interest Form (EOI). LCA gives no warranty and makes no representation regarding the accuracy or sufficiency of any photograph, image or description provided with the EOI or on this site.
The purchase of a home from LCA will be subject to the terms and conditions of a Contract with LCA. If there is any inconsistency between any document and the Contract the Contract prevails.
LCA’s employees, representatives and agents are not liable to the Buyer as a result of any information, statement, warranty, representation, letter, document or arrangement or any conduct provided, made, done on behalf of the Seller in respect of the home.
The information provided and received in relation to the home on the EOI is indicative only and may be changed and is subject to any contractual rights set out in the Home Sale Contract. The Home Sale Contract will constitute the entire agreement between the Buyer and the Seller and supersedes all previous agreements, understandings, negotiations and representations made about the Home and the Development.
The Buyer is advised to seek their own independent legal and financial advice in regard to the information and pricing provided to ensure it is correct and current, as well as the Home Sale Contract terms and conditions, before entering into a Home Sale Contract to purchase a home within the Development.
The content of this site, including any source code is the property of LCA and may be protected by the law of copyright, trademarks, design rights and other intellectual property rights.
You are permitted to download content for your personal information but not for any other purpose commercial or otherwise. You are not permitted to reproduce, distribute, transmit or incorporate into another document any of the content of this site without the prior written permission of LCA. Access to the site does not, unless and only to the extent expressly stated otherwise, confer on you any licence or other rights in respect of the Intellectual Property of the site or any content.
LCA reserves 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.
USE OF WEBSITE
Each time you access this site you agree with LCA to be bound by these terms and conditions as amended from time to time. If you do not accept this or any of the terms, you must immediately discontinue your access to this site and must not access and use this site.
As a condition of your use of this site, or any services on this site, you warrant to LCA that you will not use the site for any purpose that is unlawful or prohibited by these terms and conditions.
In particular, but without limitation, you agree not to:
- use the site to defame, abuse, harass, store, threaten or otherwise offend others;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- use any automated scripting tools or software;
- engage in or promote any unsolicited emailing or spamming via the site;
- impersonate any person or entity; and/or
- in any way make available using the site any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
AMENDMENT OF SITE
LCA reserves the right to amend the website terms and conditions from time to time. Amendments will be posted on this site and will be effective from the time of posting. Accordingly, you agree to read the terms and conditions on a regular basis, and your continued access or use of this site will be deemed to be your acceptance of the modified terms and conditions.
LCA may make improvements or changes in the information, services, products, and other materials displayed on this site, or terminate this site, at any time without notice.
LCA may at any time, and in its sole discretion, refuse or restrict your access to the site or discontinue the site, in whole, or in part. LCA accepts 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 content (including these terms and conditions); or
- LCA’s refusal or failure to provide access to the site (including loss or damage relating to users being unable to access the site because of any temporary or permanent faults or defects, maintenance or discontinuance of the site).
IMAGES AND DESCRIPTIONS
Images (including photographs, illustrations and other images) and descriptions used on this site are for visual and promotional purposes only and may show items or inclusions which do not form part of any product being sold by LCA.
LCA endeavours to provide current and accurate images and descriptions however they may contain errors or misdescriptions in factors such as orientation, land area, elevations, dimensions, facilities and amenities. In addition, prices may vary depending on the type of product being purchased from LCA.
LCA makes no representations or warranties regarding the accuracy of the images and descriptions used on the site and interested parties should only rely on the plans included in the relevant Home Sale Contract (subject to the rights of LCA to vary those plans as set out in the Contract).
Buyers must make their own enquiries regarding the LCA product they are interested in and must satisfy themselves prior to entering into any Home Sale Contract with LCA. LCA recommends that Buyers seek their own professional advice, including legal advice, before entering into any Home Sale Contract.
WARRANTIES AND LIABILITY
LCA endeavours to ensure the accuracy and currency of information on this site at the time of publication. However LCA gives no warranty and makes no representations (express or implied) as to the accuracy, currency or reliability of any description, information, photograph, illustration or statement contained on this site.
LCA and its officers, employees, agents and consultants accept no liability (including liability to any person by reason of negligence or negligent misstatement) for loss or damage caused by any statements, opinions, information or other matters (expressed or implied) arising out of, contained in or derived from, or for any omissions from, the site, except liability under statute that cannot be excluded and accepts no liability for any loss which may be suffered by any person who relies on information presented on this site.
The site does not purport to contain all the information that a prospective investor or acquirer may require. In all cases, before acting in reliance on any information and pricing contained on this site, the user should conduct their own investigation and check the accuracy, reliability and completeness of the information and obtain independent and specific advice from appropriate professional advisers before entering into any Home Sale Contract and relying on any information contained on this site.
The information contained on this site should not be construed as tax, investment, financial, accounting, legal, building or any other advice. Buyers are advised to seek their own independent taxation, investment, financial, accounting, legal, building and other advice in relation to the content, contracts, homes and/or their development and construction and all other information before entering into a Home Sale Contract with LCA.
LCA does not exclude any rights or remedies available to you under the Trade Practices Act or similar State or Territory legislation which cannot be excluded, restricted or modified at law. Otherwise, LCA and its officers, employees and agents exclude all conditions and warranties in connection with the ownership and operation of this site including those which may be implied by law 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; or
- other users will comply with the law (including these terms and conditions) when using the site.
You expressly agree and understand that in no circumstances will LCA or its officers, employees or agents be liable to you for any indirect, incidental, special and/or consequential loss or damage of whatever nature which arise or result from:
- the use of or access to or any inability to use or access the site or any material on the site;
- unauthorised access to or alterations of your transmissions or data;
- reliance on any advertisement or promotion on or relation to the site; and/or
- statements or conduct of any third party on the site.
You agree to indemnify and hold LCA and its officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered in any claim or legal proceeding which may be brought or threatened from your use of or conduct on the site and/or a breach of any of the terms and conditions in relation to this site.
LCA makes no representations whatsoever about any other website you may be able to access through a hyperlink on this site. When you access a non-LCA website through any link contained on this site, this site is independent from LCA and LCA has no control over the content on that website.
LCA does not endorse any non-LCA sites or accepts any responsibility for the content or use of a non-LCA site despite including links to non-LCA sites on this site and you use such websites, including information, material, products and services contained in them, solely at your own risk. You must take whatever precautions are necessary to protect yourself when using a non-LCA site.
In no event will LCA be liable to any party for any direct, indirect, special or other consequential loss or damage, however caused (including through negligence), arising as a consequence of any use of this site, or of any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if LCA are expressly advised of the possibility of such damages.
These terms and conditions and any dispute in relation to them are governed by the laws of Queensland.
LCA’s failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right.
In these terms and conditions 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 work or phrase has a corresponding meaning;
- the use of the word ‘includes’ or its other grammatical forms (or of similar expressions, such as ‘for example’) is not to be taken as limiting the meaning of the words preceding it; and
- a reference to a ‘subsidiary’ or ‘related entity’ has the meaning given to those two terms in the Corporations Act 2001 (Cth).