Terms and Conditions
Terms and Conditions
Welcome to www.newcharsfield.com.au (Site). The Site is owned and operated by Ever Bright Group Pty Ltd ACN 133 707 150 (EBG Developments, we, us, our).
2. Using EBG Developments
- We reserve the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time and without any liability to you.
- You agree that we may include any advertising and promotions on Site at our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
2.6 Your Conduct
While using the Site, you will not:
2.6.1 upload any viruses or other malicious code;
2.6.2 use or access the Site if you are unable to form legally binding contracts or are under the age of 18;
2.6.3 post, distribute, upload, publish or disseminate any illegal, discriminatory, threatening, defamatory or offensive content;
2.6.4 post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
2.6.5 harvest or otherwise collect information about other users, including email addresses, without their consent;
2.6.7 solicit other users’ login information or attempt to access an account belonging to someone else;
2.6.8 use the Site in any manner which might damage, disable, overburden, or impair the Site or interfere with any user's use and enjoyment of the Site, such as a denial of service attack;
2.6.9 defame, bully abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of our staff or other users;
2.6.10 fail to comply with all applicable laws, rules and regulations during your use of the Site, including without limitation, laws related to copyright;
2.6.12 infringe any third party’s rights including intellectual property rights.
2.7.1 The Site and the information, content, illustration, images, plans, statements, figures, calculations and representations including the design, dimensions, fittings, finishes, specifications contained within it are for presentation purposes only and are subject to change without notice as a result of a range of variable factors, including changes in the development process or planning and other approvals. We recommend that you confirm the most current information at the time/if you enter into a contract for the purchase of property.
2.7.2 Whilst the Site has been prepared with all reasonable care and thought, no warranty is given as to the accuracy, currency or completeness of the information contained within it and it is not intended to be relied upon in any way. EBG Developments, its related companies and their consultants and agents accept no responsibility for any of the information contained in this Site or for any action or omission taken in reliance upon it by any party including any user, purchaser or potential purchaser.
If you have been introduced to the Site or the services offered by EBG Developments by a third party, that third party may have received a commission for the introduction.
EBG makes no, and expressly disclaims any, representation or warranty that the Site will be available or secure for use by you at all times or at any particular time.
We are not responsible in circumstances where the Site or any part of it is unavailable at any time due to a power outage or server outage. We have no control over, and no responsibility for, the functioning network you use to access the Site.
Without limiting our other remedies, we may limit, suspend or prohibit access to the Site or any part of it, delay or remove content, and take technical and legal steps to keep you off the Site for any reason.
3.1 Our liability
(a) the supply of services again; or
(b) payment of the cost of having the services supplied again.
3.2.2 You are responsible for ensuring that your activities on the Site are lawful (including by ensuring you have obtained all necessary consents, permits and authorisations).
4. Intellectual Property
- At the time of collecting your personal information, we will take reasonable steps to bring our privacy collection statement to your attention.
6.3 Waiver and Exercise of Rights
6.3.2 No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
6.4 No Relationship
We do not have a trust relationship with you, and we do not owe you any fiduciary duty.
6.6 No Merger
6.7 Rule of Construction
6.8 Links to Third Party Sites
The Site may contain links to other web sites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by use of the Linked Site or any association with its operators.
We make no representation that the Site is accessible, appropriate or legally permissible for use in locations outside of Victoria, Australia and accessing and using the Site is prohibited from jurisdictions where doing so would be illegal.