Terms & Conditions
Your use of the website www.apexhomes.com.au (“website”) is set forth by the following Terms and Conditions by or on behalf of Apex Homes Australia Pty Ltd Registration no. CDB-U 59855, the Website is created operated and maintained by Apex Homes Australia Pty Ltd (hereinafter, “pex Homes”, “Us”, “We”,”Our”)
At our discretion, we have the right to amend the Terms and Conditions of Use. You show your acceptance of the amendments by continuing to use our website after our notification to you regarding any amendments to the Terms and Conditions of Use.
The purpose of the website is to inform you about our homes and house and land packages. We are not liable for any loss or damages incurred by you as a result of relying on this information.
Acquiring access to the website, paying for all costs and fees, including the supply of needed equipment, is your responsibility. Third party fees may be included with website access and you accept your responsibility to pay all fees.
By using the website, you agree to comply with all applicable and relevant privacy laws. You can not engage in any activity that may or can find traceable information regarding other users or users of the website. This includes all customers of Apex Homes. You cannot exploit or any information or services offered by or through the website, try to reveal any information in regards to personal identification (except your own) or any other information that you have no right to access. Our compliance with obligations under any applicable laws regarding privacy means you agree to comply with anything requested by Apex Homes Australia Pty Ltd within reason.
“Intellectual Property Rights”, for the Terms and Conditions of use purpose, means all future and present rights granted by common, statute or equity in regards to any domain or business names, patents, designs, inventions, copyright, trademarks, circuit layouts and any other outcomes of intellectual activity including the industrial scientific, commercial, artistic or literary fields.
Unless otherwise noted, the Intellectual Property Rights in the Apex Homes website, including but not limited to content, software, house designs and plans, photographs, text, video, graphics, images, audio and any multimedia items vest in Apex Homes. It is your duty to abide by all restrictions or copyright notices provided by the website or anywhere else. You are not permitted to delete from the website or elsewhere author attributions, proprietary or legal notices. You agree that any recommendations, ideas, suggestions, feedback and any other information in regards to the website that you provide to Apex Homes is counted as Intellectual Property Rights Apex Homes owns. You agree to warrant to Apex Homes that any use of materials you submit to the company, Apex Homes, is not defamatory or obscene of any party and will not infringe the moral rights on any person or Intellectual Property Rights.
For the purpose of browsing and accessing the website, Subject to clause 11, Apex Homes to you grants non-exclusive, revocable, personal, non-transferable and royalty-free licence of all Intellectual Property Rights.
You agree to not duplicating, copying, reproducing, selling, adapting, communicate, re-publish, upload, translate in anyway any part of the website to another source without Apex Homes’ written consent. You cannot probe or test the authentication or security any networks connected to the website or the website.
Unless otherwise noted, all service marks, trademarks and logos found on the website is licenced or owned by Apex Homes Australia Pty Ltd. Any service marks, logos and trademarks owned by third parties remains to be their property too.
Apex Homes Australia Pty Ltd has the right to, at any time, permanently or temporarily, discontinue or modify the website regardless of notice given or not. Apex Homes is not liable to any third party or yourself for suspensions, modifications or discontinuances actioned on the website.
You agree and acknowledge that Apex Homes Australia Pty Ltd does not warrant the suitability, availability or reliability of the website as it is available to yourself on the basis of ‘as is’.
You agree Apex Homes Australia Pty Ltd does not represent or warrant from the website:
Meeting of expectations or requirements;
Security, free of error and uninterrupted;
Free of destructive code or any other viruses;
Defects or errors will be corrected;
Third parties can use or access the website; or
Operation with any software, system or hardware.
You agree that you are solely responsible for any material downloaded or anything else obtained through the website and any harm that has resulted from obtaining such information, including loss of data, damages to computer and any other consequential damages or losses suffered by you.
You acknowledge to not take any sort of action that results in any interference with disrupting the website and all services and networks connected to it. You acknowledge and agree to not attempting to access the computer systems or any networks that may or may not to the website without authorisation. You may not transmit or post any harmful, dematory, or in violation of any applicable law content to or from the website. You may not undertake any illegal activity or actions that infringe upon the rights of Apex Homes Australia Pty Ltd and you may not utilise the website, including its content, for purposes that is prohibited or unlawful as outlined by this Terms and Conditions of Use.
Apex Homes’ website may have hyperlinks to other websites operated, maintained and/or owned by third parties. You agree and acknowledge that:
We do not have control over website, including their content, owned by third parties and that we do not represent the website’s suitability or availability;
Providing hyperlinks does not mean we support, associate or endorse with third parties; and
We do not take responsibility or liability for any advertising, products, content, services or any other materials available or on third party websites.
Apex Homes does not take any responsibility or liability for any indirect or direct damage or loss sustained or suffered by you through your connection or use to any third party website that has been linked from the website.
You agree and acknowledge that, subject to clause 20, Apex Homes Australia Pty Ltd disclaims, to the fullest scope of the law, all warranties and conditions, implied or express, in regards to your use and access of the website, including no limitations to merchantability under implied warranty, suitability for a certain purpose or the absence of infringement of the rights of third parties.
Where legislation prohibits or avoids provisions modifying or excluding the exercise or application of any warranties or conditions indicated in the Terms and Conditions of Use, the warranty or condition will be considered included in Terms and Conditions of Use. This is under the knowledge that the liability of Apex Homes for breaches under such conditions and warranties and in such instances, Apex Homes has the option to:
Supplying the service again;
Providing the service’s payment of the cost of being supplied again
The law’s maximum extent should the legislation not permit the liability of Apex Homes to be limited to supplying the service again or providing the payment of the service’s cost.
You agree and acknowledge that, Apex Homes is not liable to you or any third parties for any punitive, indirect, direct, incidental, special, exemplary, consequential or dames and losses of any other type, which may be incurred or suffered indirectly or directly from the website - to the maximum extent the law permits. This also includes the utilisation or the inability to utilise the website.
At all times, you will compensate and hold Apex Homes and it employees, offices and agents (those to be compensated) harmless against anf from any damages, expenses, costs and losses those to be compensated may be subject to and all proceedings, actions, demands and claims whatsoever made against those to be compensated by anyone arising out of or in regards to: failing to abide to the obligations outlined in the Terms and Conditions of use, resulting in a breach:
Of all unlawful, negligent or wilful act you have made in connection to the website; or
You using the website in anyway.
The Terms and Conditions of Use establishes an agreement between Apex Homes and you and supersedes all previous agreements, representations, understandings and statements, whether in writing or verbal. If any condition is determined unenforceable, illegal or invalid, this will not affect the rest of the conditions and the Terms and Conditions of Use will remain intact sound and still applicable to you.
The laws in the Australian state of Victoria govern and construe the Terms and Conditions of Use and all parties are required to adhere to exclusive jurisdiction of courts in the state of Victoria. The Terms and Conditions of use have been made in Melbourne, Victoria.
Conditions in the Terms and Conditions of Use can only be waived by notice in writing that is to be signed by each party. Any subsequent breach by you of the Terms and Conditions of Use will not impact waiver rights by Apex Homes. Subject to clause 26, Apex Homes’ failure to enforce any condition or clause as outlined or implied in the Terms and Conditions of Use, or any delay, forbearance or indulgence granted to you by Apex Homes will not be interpreted as a waiver of Apex Homes’ rights under and in accordance with the Terms and Conditions of Use.
The information contained in this website is for illustration purposes only and is subject to change. Statements, figures, calculations, plans, images and representations are indicative only. Images may include sketches, artist impressions and computer generated images. Specifications, details, fittings, fixtures, façades, elevations and floorplans (including internal and external dimensions and orientation) may be changed without notice. Photographs, illustrations and artists impressions depicting landscaping, interiors and exteriors are intended as a guide only and are subject to change without notice.
Prospective purchasers must make their own enquiries to satisfy themselves as to all aspects of any Apex Homes Australia Pty Ltd project, design or product and further should seek independent legal and financial advice in relation to all of the information contained herein. The information in this website is believed to be correct but is not guaranteed. This website is not an offer or a contract. Apex Homes Australia Pty Ltd expressly disclaims any and all liability relating to, or resulting from, the use of or reliance on, any information contained in this website by any person. © 2021.