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Website Terms of Use and Privacy Policy

  

1

This agreement

1.1
Agreement
 
Thank you for choosing to use www.bluetonguehomes.com.au (Site). These Terms and Conditions include our Privacy Policy, and are between you on the one (1) hand and us (that is, Blue Tongue Homes Pty Ltd) as owner of the Site on the other. These Terms and Conditions govern your use of the Site. Please read these Terms and Conditions carefully, because by using the Site:
(1) you are confirming that you have not only read these Terms and Conditions but that you agree to be bound by them when using the Site; and
(2) you agree that a legally binding agreement is formed between us and you.
1.2
Definitions
 
To make these Terms and Conditions easier to read, we have used terms that have specific definitions.These terms appear in these Terms and Conditions with a capital letter as their first letter and when they are used they have the meaning set out at the end of these Terms and Conditions.
   

2

Privacy Policy

 
Our Privacy Policy forms part of these Terms and Conditions. Please therefore review our Privacy Policy as it describes how we treat your personal information.
   

3

Site Content

 
Our Site and its contents, including without limitation its text, images, photographs, graphics, trademarks, software, audio and video clips and other materials (Site Content) are owned by or licensed to us and are protected by Australian copyright laws and other intellectual property laws. We grant you a non-exclusive, non-transferable, limited right to access, use and display the Site Content and to download or print the Site Content for personal, non-advertising purposes.
   

4

Information Provided

 
Every effort has been made to make the Site as accurate as possible. You acknowledge that any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site (including the Site Content) is at your sole risk and we are not responsible or liable for any loss or damage that results from the use of the information on the Site. We reserve the right in our sole discretion and without notice to you to correct any errors or omissions in any portion of the Site. Photographs or artists impressions on the Site are for presentation purposes and are indicative only. It is your responsibility to confirm working drawings. Floor plans may vary depending on the facade chosen. We reserve the right to revise plans, specifications and prices without notice or obligation.
   

5

What we do not warrant

 
We do not warrant that:
(1) the Site and the Site Content will be error free or uninterrupted; or
(2) the Site will be free of Malicious Code.
   

6

Advertisements on the Site

 
The following conditions apply to any advertisements displayed on the Site:
(1) All images and illustrations are to be used as a guide only and may represent nonstandard or upgrade options that are not included in the advertised price.
(2) Prices may change as a result of variations to the inclusions or specifications required by the purchaser or any authority.
(3) Prices do not include stamp duty, legal fees or any other costs incurred with the purchase.
(4) Final costs, dimensions and inclusions may vary from the information provided and may be varied by us without notice.
(5) We reserve the right to withdraw any advertisement at any time without notice.
   

7

Intellectual Property ownership

7.1
Ownership of Intellectual Property
 
We will at all times retain ownership of any Intellectual Property used in respect of the Site.
7.2
Restricted conduct
 
It is an essential term of these Terms and Conditions that you must not:
(1) launch or attempt to launch a site or arrangement that is the same or similar to Site, or which uses the Intellectual Property; or
(2) do any thing that:
(a) is inconsistent with our interest in the Intellectual Property;
(b) infringes upon our rights to the Intellectual Property; or
(c) which leads to the value of the Intellectual Property being diminished or otherwise adversely affected.
   

8

Limitation of liability

8.1
Subject to the law
 
Any matters set out in this clause 8 are subject at all times to the law and while the limitations contained in this clause apply to the fullest extent possible, they do not apply if the law prevents them from doing so.
8.2
No liability
 
We accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with:
(1) your use of the Site or any linked web site;
(2) any breach or alleged breach of any of your representations, warranties or obligations contained in these Terms and Conditions; or
(3) your reliance on any information (including the Site Content) contained or accessed through the Site.
8.3
Your indemnity
 
It is an essential term of these Terms and Conditions that you indemnify us against any Claim for which we are not liable under this clause 8.
   

9

Suspending your right to access and use the Site

 
Your right to access and use the Site is subject to you complying with these Terms and Conditions. If you do not comply with these Terms and Conditions then we may suspend your right to use the Site until we are satisfied that you will comply with these Terms and Conditions in full.
   

10

Miscellaneous

10.1
Links to other Sites
 
Our Site may contain links and pointers to other sites on the internet which may be maintained by third parties. Such links do not constitute an endorsement by us or our licensors or affiliates of any third party site or any materials contained in those other sites. We do not control and are not responsible for the availability, accuracy or privacy policy of any such third party sites or any information, content, products or services accessible from such third party sites.
10.2
Maintenance
 
It is sometimes important for us to perform maintenance to the Site. This may mean that your use of the Site is interrupted or disrupted from time to time.
10.3
Amendment to terms
 
It may become necessary for us to change the terms of these Terms and Conditions from time to time. If so, we will publish notices of changes on our Site and will date those changes.
10.4
General provisions
 
These Terms and Conditions constitute the entire agreement between you and us with respect to the Site and supersede all prior agreements between you and us. Failure on our part to enforce any provision of these Terms and Conditions is not to be construed as a waiver of any provision or right. These Terms and Conditions are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of its courts. If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
   

11

Privacy Policy

11.1
General
 
This Privacy Policy describes how we collect and use your personal information. We respect the rights and privacy of all individuals and are committed to complying with the Privacy Act and the APPs and protecting the personal information we hold.
11.2
How do we collect personal information?
 
The information we collect falls into two categories:
(1) personal information you voluntarily supply to us to take advantage of certain features of our Site, some of which may identify you personally; and
(2) tracking information we collect as you navigate through our Site.
11.3
What personal information do we collect?
 
We collect the types of personal information required to assist us in providing our products and services and informing you about them.
This includes personal information such as:
(1) your name, date of birth, phone number, email and home address; and
(2) information to assist our relationship management and market research functions, which may include information relating to your interests, experiences and preferences.
11.4
How do we use your personal information and who may we disclose it to?
 
We will use personal information you provide for the primary purposes of:
(1) informing you about our business;
(2) improving our business; and
(3) administering our relationship with you by:
(a) responding to your enquiries; and
(b) providing you with information about our products and services that may be of interest to you. We may also use your personal information for a secondary purpose related to the primary purposes set out above.
By submitting your personal information, you consent to us using it to:
(1) provide you with products or services;
(2) administer our relationship with you;
(3) monitor online activity on the Site;
(4) market, improve and add to our products and services;
(5) respond to a serious threat to an individual’s life or to public health or safety;
(6) respond to suspected unlawful activity; or
(7) where required or authorised by law.
We may disclose personal information to any of our related entities to help achieve one of the purposes described above or as required by law.
11.5
Can you remain anonymous or withhold personal information?
 
Where practical you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym. In some instances, if you do not provide us with required personal information we may not be able to provide you with the requested product or service.
11.6
Will you receive direct marketing?
 
If you provide us with your personal information and you consent to receiving direct marketing communications from us, you authorise us to send you promotional messages and materials related to our products and services, unless you submit a later request not to receive direct marketing communications. Our direct marketing messages and materials will contain a prominent statement (including, for electronic messages, a functional unsubscribe facility) that you may request not to receive direct marketing communications. If you do not wish to receive marketing or other communications from us, please submit a request not to receive direct marketing communications or use the unsubscribe facility provided in the most recent communication from us or contact us on the details provided.
11.7
Will your information be disclosed overseas?
 
We are unlikely to disclose your personal information to any person or entity outside Australia, but will inform you if and when this is necessary.
11.8
How can you access and correct your personal information?
 
You generally have the right to access your personal information free of charge, subject to some limitations contained in the Privacy Act. The APPs set out some circumstances in which we are not required to provide you with such access. If you ask for your personal information and any of these circumstances exist, you may be given access to the personal information in a way that is permitted under the Privacy Act. To protect personal information held by us, you may need to confirm your identity before access to your personal information is granted. It may take a little time to process your application for access and retrieve information from storage (if applicable). We encourage you to update us so that we have accurate, current and complete information. You may correct any errors or request that we delete all or some of your personal information. You may also submit a request not to have any further contact from us.
11.9
How can you complain about privacy breaches?
 
If you have a complaint in relation to the collection, use and/or disclosure of your personal information, please contact our Privacy Officer via the details provided below. Our Privacy Officer will review all complaints received and respond to each complainant upon due consideration (which may require further information to be provided).
11.10
Will this Privacy Policy change?
 
We may amend this Privacy Policy from time to time. Amendments will be effective immediately upon notification on the Site.
11.11
Who can you contact about your personal information?
 
To contact us about your personal information, concerns or complaints, email
admin@bluetonguehomes.com.au
   

12

Definitions

APPs
means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act.
Claim
against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
Intellectual Property
means all intellectual property rights conferred by law and owned by us including (without limitation):
(1) patents, designs, formulas, plans, designs, photos, images, specifications or other documents whether in printed form, on the Site or represented in actual homes;
(2) copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and
(3) all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
Malicious Code
means and software virus, worm, or other harmful computer code, file, script, agent or program.
Privacy Act
means the Privacy Act 1988 (Cth).