TERMS OF USE


These Terms of Use apply to the use of this Website with the URL address www.lotusliving.com.au (Website), including the use of the information services offered on this Website.

In using this Website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must refrain from using the Website.

These Terms of Use must be read in conjunction with any other applicable terms and conditions governing the use of this Website. There may also be additional terms of use that apply to specific sections of this Website. In the event of any inconsistency between these Terms of Use and those additional terms of use, the additional terms of use will prevail.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Continued use of this Website will be regarded as your acceptance of these Terms of Use, as amended.

Terminology

In these Terms of Use, the expressions 'we', 'us' and 'our' are a reference to Lotus Projects Pty Ltd ABN 38 529 264 196.

Disclaimer of Liability

We derive our information from sources which we believe to be accurate and up to date as at the date of publication. In particular, house and land packages are provided to us by by Oliver Hume Corporation Pty Ltd and third party builders. We reserve the right to update this information at any time.

We have made reasonable efforts to ensure the accuracy of all details within this Website; however, no warranty can be given by us regarding the accuracy, adequacy or completeness of any information presented in the Website or that your access to that information will be uninterrupted, timely or secure.

No warranty can be given by us regarding the accuracy, adequacy or completeness of any information presented.

Images, drawings, floor plans, dimensions, sizes and areas, location, and other information displayed on this 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 content of the Website may contain general information about our products and services or products and services provided by third parties. Unless expressly stated otherwise, the content of the Website does not:
  • constitute an offer or inducement to enter into a legally binding contract;
  • form part of the terms and conditions for our products and services;
  • purport to provide you with personal, financial, taxation or investment advice of any kind; or
  • take into account of your particular financial position or requirements.

We are not liable for any loss, damage, cost or expense (whether direct or indirect), resulting from any action taken or reliance made by you on any information or material posted by us on this Website or any linked Website or your reliance on any information contained or accessed through this Website.

You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our Website.

You accept that any information provided by us is general information and is not in the nature of advice.

This disclaimer does not attempt or purport to exclude liability arising under statute or law if, and to the extent, such liability cannot be lawfully excluded.

Intellectual Property Rights

You accept that all intellectual property rights subsisting on this Website is owned or licensed by us. Such rights include rights relating to this Website'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 of Use.

Copyright

Copyright in this Website (including text, 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 similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, 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 Website, or
  • commercialise any information, products or services obtained from any part of this Website, 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 information, products or services (including this Website).
Restricted Use

Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use.

You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited.

You may not without our written permission on-sell information obtained from this Website.

Linked Websites

This Website may contain links to other websites. 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 websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Privacy Policy

We undertake to comply with the terms of our Privacy Policy.

When you visit this Website, our Internet service provider makes a record of your visit, and collects certain information for statistical purposes, such as your server address and your top level domain name.

This Website also makes use of session cookies to make your access to this Website more convenient.

The personal information which we collect in the course of your visit to our Website is set out in full in our Privacy Policy.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as 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.

You acknowledge that you should take your own precautions to ensure that the process which you employ for accessing this Website 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 Website or any linked Website.

Termination of Access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These Terms of Use 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

You accept responsibility to ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

For further information about these Terms of Use, please contact us on:

Email: pb@lotusliving.com.au