Terms and Conditions
These Terms and Conditions of Use set forth the terms and conditions for your use of the website www.metronest.com.au (“Website”). The Website is created, operated and maintained by or on behalf of Metronest Homes Pty Ltd Reg No: CDB-U 61616 (hereinafter, “Metronest Homes”, “Metronest”, “We”, “Our” or “Us”).
We reserve the right to amend the Terms and Conditions of Use at Our discretion. By continuing to use this Website after We notify you of any amendments to the Terms and Conditions of Use, you indicate your acceptance of the amendments.
This Website is designed to provide you with information about Our homes or house, Our designs or house and land packages. Such information is of a general nature and you acknowledge that We are not responsible for any loss or damage sustained or incurred by you in reliance upon this information.
You are responsible for obtaining access to this Website, including payment of all costs and fees and the supply of all necessary equipment. Access may involve third party fees (such as Internet service provider fees). You acknowledge that you are responsible for paying all these fees.
You agree to comply with all applicable privacy laws that apply to your use of the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Metronest Homes to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website. You further agree to do anything reasonably requested by Metronest Homes for the purpose of Our compliance with Our obligations under any applicable privacy law.
For the purposes of the Terms and Conditions of Use, “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial commercial, scientific, literary or artistic fields.
The Intellectual Property Rights in the Website, including but not limited to software, content, house plans and designs, text, photographs, images, graphics, video, audio, multimedia items and the compilation as a whole (“Content”) vest in Metronest Homes, unless otherwise noted. You must abide by all copyright notices or restrictions contained on the Website or elsewhere. You may not delete any author attributions, legal or proprietary notices on the Website or elsewhere.
You agree that Metronest Homes will own all Intellectual Property Rights in any suggestions, ideas, enhancement requests, feedback, recommendation or other information relating to the Website that you provide to Metronest Homes. You warrant to Metronest Homes that Metronest Homes’ use of any materials you submit to Metronest Homes will not infringe the Intellectual Property Rights or moral rights of any party and is not obscene or defamatory of any party.
Subject to clause 11, Metronest Homes grants to you a personal, revocable, non-exclusive, royalty-free, non- transferable licence of all Intellectual Property Rights in the Website for the sole purpose of accessing and browsing the Website.
You agree that you will not reproduce, duplicate, copy, sell, trade, re-sell, adapt, communicate, re-publish, upload, encode, translate, or transmit or distribute in anyway (including “mirroring”), to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Metronest Homes’ express prior written consent, or otherwise exploit for any commercial purpose, any part of the Website, or the Website, including the Content. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
All trademarks, service marks and logos on the Website are, unless otherwise noted, wholly owned or validly licensed by Metronest Homes. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
Metronest Homes reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Metronest Homes is not liable to you or to any third party for any such modification, suspension or discontinuance of the Website.
You acknowledge that the Website is made available to you on an “as is” basis and that Metronest Homes makes no representation or warranty as to the reliability, suitability, or availability of the Website.
You acknowledge that Metronest Homes does not represent or warrant to you that:
- the Website will be secure, uninterrupted or error-free;
- the Website will meet your requirements or expectations;
- errors or defects with the Website will be able to be corrected;
- the Website will be free of viruses or any other harmful or destructive code;
- the Website will operate with any other hardware, software, system or data; or
- any third party will be able to access or use the Website.
Any material downloaded or otherwise obtained through your use of the Website is done at your own discretion and risk and you will be solely responsible for any loss of data that results from the download of any such material, or the damage to your computer system, and any consequential loss or damage suffered or sustained by you.
You agree not to interfere or take any action that results, or may result in any interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorised access to other computer systems or networks connected to the Website. You may not post, transmit or distribute to or from the Website any material that is defamatory, obscene, threatening, harassing, inciteful, abusive, or in violation of any applicable law. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Metronest Homes or others.
The Website may contain hyperlinks to websites owned, operated and/or maintained by third parties independent of Metronest Homes. You acknowledge and agree that:
- We have no control over such third-party websites (including their content) and that We make no representation as to such websites’ availability or suitability;
- Merely providing hyperlinks to such websites does not imply, and should not be construed as implying, that We endorse, support, sponsor or associate with any third party;
- We are not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites; and
Metronest Homes is not responsible or liable for any direct or indirect loss or damage suffered or sustained by you in connection to or arising out of your access to and use of any third party website linked from the Website.
Subject to clause 20, you acknowledge and agree that, to the fullest extent permitted by law, Metronest Homes disclaims all conditions and warranties, express or implied, in respect of the provision of the Website to you and your access to and use of the Website, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.
Where any condition or warranty is implied into the Terms and Conditions of Use, and legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or liability under such a condition or warranty, the condition or warranty will be deemed to be included in the Terms and Conditions of Use, provided that the liability of Metronest Homes for any breach of such condition or warranty be limited, at the option of Metronest Homes, to:
- the supply of the service again;
- the payment of the cost of having the service supplied again; or
- where the legislation does not permit Metronest Homes’ liability to be limited to the supply of the service again or payment of the cost of having the service supplied again – the maximum extent permitted by law.
You acknowledge and agree that, to the fullest extent permitted by law, Metronest is under no liability to you or any third party in respect of any direct, indirect, punitive, special, incidental, consequential, exemplary or other loss or damage of any type (including, without limitation, loss of data, revenue or profit, or business interruption), which may be suffered or incurred or which may arise directly or indirectly in respect of the Website including, without limitation, the use or inability to use the Website.
You will at all times indemnify and hold Metronest Homes and its officers, employees and agents (“those indemnified”) harmless from and against all damages, costs, expenses, loss or damage which those indemnified may incur or sustain and all actions, proceedings, claims and demands whatsoever which may be brought or made against those indemnified by any person in respect of, by reason of or arising out of: a breach by you of your obligations under the Terms and Conditions of Use;
- any wilful, unlawful or negligent act or omission in connection with the Website by you; or
- any use of the Website by you.
The Terms and Conditions of Use constitutes the entire agreement between Metronest Homes and you regarding the subject matter of the Terms and Conditions of Use and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
If any provision of the Terms and Conditions of Use are held invalid, unenforceable or illegal for any reason, the Terms and Conditions of Use will remain otherwise in full force and effect apart from such provision which shall be deemed severed.
The Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Victoria, and the parties submit to the exclusive jurisdiction of the Courts of the State of Victoria. The Terms and Conditions of Use are deemed to have been made and entered into at Melbourne in the State of Victoria.
No right under the Terms and Conditions of Use will be deemed to be waived except by notice in writing signed by each party. A waiver by Metronest Homes will not prejudice its rights in respect of any subsequent breach of the Terms and Conditions of Use by you. Subject to the remainder of this clause 26, any failure by Metronest Homes to enforce any clause of the Terms and Conditions of Use, or any forbearance, delay, or indulgence granted by Metronest Homes to you, will not be construed as a waiver of Metronest Homes’ rights under the Terms and Conditions of Use.
Terms and Conditions of Use updated by ‘Metronest Homes’ Legal Team on 07 Sep 2019