Terms of Use

Peelhurst Estate, Golden Bay is part of the Cape Bouvard Investments Pty Ltd property development portfolio.

The following sets out the terms and conditions (“Terms of Use”) upon which Cape Bouvard Pty Limited (“Cape Bouvard”) and its subsidiaries and related entities (“Group Members”) permit you (“you” or the “User” or the “purchaser”) to access and use the website accessed at https://peelhurstestate.com.au/ (“Site”).

The Site includes all information (including these Terms of Use), images, data, software and other materials on, or making up or accessed from (excluding linking to other websites) the Site (“Content”).

Unless and to the extent these Terms of Use expressly state otherwise, any other terms, policies and other documents referred to in these Terms of Use (including by way of hyperlink) are incorporated into and form part of these Terms of Use.

The Site is owned by Cape Bouvard. The Content may also be owned or contributed to by, or relate to, Group Members and third parties.

1. You are agreeing to these Terms of Use

Each time you access the Site, you agree with Cape Bouvard and each Group Member (collectively, “we” or “us”) to be bound by these Terms of Use, including as updated or amended from time to time.

These Terms of Use apply in addition to, and do not derogate from, any other terms or conditions that expressly apply to a specific product, service or promotion accessed via the Site or supplied or provided by any of us.

If you do not agree with these Terms of Use, you should not access or use the Site. In particular, you should not register your interest in respect of any service or promotion.

2. Changes and access

We may, from time to time, change the Site and/or the Content (including these Terms of Use) without notice, including by adding new terms. Such changes will take effect from the time they are first uploaded to the Site.

We recommend that you periodically check these Terms of Use and the content on the Site for any amendments or changes that may be made to them from time to time.

We may at any time and in our sole discretion refuse or restrict your access to the Site or discontinue the Site, in whole or any part.

We accept no liability for any loss or damage suffered or incurred by you or any other person arising from or in connection with:

any changes to the Site or the Content (including these Terms of Use); or
our refusal or failure to provide access to Site (including loss or damage related to Users being unable to access the Site because of any temporary or permanent faults or defects, maintenance or discontinuance of the Site).

3. Registrations of interest

Once you register your interest in respect of any service or promotion on the Site, your contact details will be submitted to our representatives.

By registering your interest and submitting your contact details via the Site, you consent to your contact details being used for the purposes of:

one or our representatives contacting you in relation to your interest; and
using that information to deal with your interest and to provide our products and services to you.

Purchasers wishing to buy a House and Land Package will need to:

enter in to a contract, with the relevant Group Member who owns the land, for the purchase of the land (“Land Contract”); and
enter into a separate contract with the relevant builder (“Builder”) for the construction of the house on the land (“Building Contract”).

A Land Contract may or may not be interdependent with the Building Contract. It will depend on the terms and conditions of the Land Contract and the Building Contract.

Cape Bouvard and the Group Members have no responsibility or liability whatsoever in relation to the actions of, or products offered by, Builders.

Once a Land Contract and a Building Contract have been entered into, a purchaser cannot select an alternative house and/or an alternative parcel of land under a House and Land Package, unless such change is first agreed to by the relevant Group Member that owns the land and the Builder. Where such a change is agreed to, prices and any promotional offers may also change.

Purchasers must review all information carefully and make their own enquiries regarding that information. It is recommended that purchasers obtain independent advice before proceeding to enter into a Land Contract or a Building Contract.

If there is any inconsistency between these Terms of Use and the Land Contract or the Building Contract, then the terms of the Land Contract or the Building Contract, as applicable, will prevail.

4. Images and descriptions

Images (including photographs, illustrations and other images) and descriptions used on the Site and any promotional material associated with the Site (for example, flyers) are intended to be a visual and descriptive aid only and may show items or inclusions which do not form part of any service or product. While they have been compiled and created with due care, they may also contain errors or misdescriptions in factors such as orientation, elevation, area, dimensions, boundary locations, or the existence or location of any facilities or amenities. Consequently, they should not be taken as conclusively evidencing any information or detail disclosed.

Advertisements and promotional elements may refer to features which are not available for all services or products. Factors such as orientation, elevation, area, dimensions and price will vary depending on the type of services or product.

Cape Bouvard and the Group Members make no representation or warranty regarding the accuracy of the illustrations and information used on the Site, and interested parties should only rely on the plans and specifications included in the relevant service or product contract (subject to the rights of Cape Bouvard, the Group Members and/or a Builder to vary those plans and specifications).

Purchasers should make their own enquiries regarding the full specifications for any services or product they are interested in and should satisfy themselves prior to entering into any agreements or contracts in relation to any services or product.

5. Disclaimer

ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK.

No person should rely on, or act or refrain from acting solely on the basis of any of the Content or other information obtained from or in connection with the Site or any other website linked from the Site.

General information

The Site and its Content is provided for general information purposes only and does not in any way constitute advice or an approval or recommendation, nor an endorsement or sponsorship by Cape Bouvard or any Group Member of any third party information (whether on the Site or obtained from any other website or by other means).

Independent advice

The information presented on the Site should not be construed as tax, investment, financial, accounting, legal, building or any other advice.

Purchasers are advised to seek their own independent taxation, investment, financial, accounting, legal, building and other advice in relation to the Content, contracts, land and buildings and/or their development and construction and all other information before entering into any contract.

Third party information

Furthermore, the Content or information you receive may include views or opinions of third parties. The fact that you receive this information from or in connection with the Site does not mean that these views or opinions are endorsed by Cape Bouvard or any Group Member.

Where there is a link to a non-Cape Bouvard or non-Group Member website this does not imply that Cape Bouvard or any Group Member endorses that site or accepts any responsibility for the content or use of that other site and we make no representations or warranties regarding the truth, accuracy or any other aspect of the information located on any third party websites. Any such links are provided for convenience only and may not remain current.

General Disclaimer

YOU SHOULD NOT RELY ON ANY CONTENT AS THE BASIS OF ENTERING INTO A CONTRACT TO PURCHASE ANY SERVICE.

TO THE FULL EXTENT PERMITTED BY LAW INCLUDING THE AUSTRALIAN CONSUMER LAW (COMPRISED IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND ANY CORRESPONDING PROVISIONS OF STATE OR TERRITORY LEGISLATION AND EXCEPT AS EXPRESSLY SET OUT ELSEWHERE IN THESE TERMS OF USE, CAPE BOUVARD AND EACH GROUP MEMBER EXCLUDES ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES (EXPRESS OR IMPLIED), INCLUDING REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND, IN PARTICULAR, DOES NOT REPRESENT OR WARRANT THAT:

THE SITE IS ERROR FREE OR WILL BE OR REMAIN AVAILABLE TO ANY OR ALL USERS;
THE SITE OR CONTENT IS (OR ANY OTHER WEBSITE’S SOFTWARE, DATA OR FILES CONTAINED IN, ACCESSED VIA OR LINKED OR REFERRED TO IN THE SITE ARE) FREE OF DEFECTS OR VIRUSES, TROJANS, WORMS OR OTHER DELETERIOUS DATA, CODE OR PROGRAMS;
USE OF THE SITE IS WITHOUT RISK;
ANY DESCRIPTION, ILLUSTRATION, PHOTOGRAPH OR OTHER IMAGE OR STATEMENT CONTAINED ON THE SITE OR IN ANY ASSOCIATED PROMOTIONAL MATTER IS ACCURATE, COMPLETE, ERROR FREE OR CURRENT OR THAT IT ACCURATELY OR SUFFICIENTLY DESCRIBES OR SHOWS A SERVICE OR PRODUCT THAT IT IS SUITABLE FOR THE PURPOSES OF ANY USER;
ANY OTHER CONTENT (INCLUDING INFORMATION REGARDING DISPLAYED PROPERTIES, SERVICES, RESEARCH, DATA REPORTS OR OPINIONS) ON, ACCESSIBLE VIA OR OBTAINED FROM THE SITE IS ACCURATE, COMPLETE, ERROR FREE OR CURRENT OR SUITABLE FOR THE PURPOSES OF ANY USER;
PERSONS CANNOT ACCESS OR USE THE SITE OR SERVICES ILLEGALLY OR FOR ILLEGAL PURPOSES; OR
OTHER USERS WILL COMPLY WITH THE LAW (INCLUDING THESE TERMS OF USE) WHEN USING THE SITE.

6. Exclusion of liability

To the full extent permitted by law (including in the case of any consumer contract in respect of which, or any condition or warranty that cannot by law be excluded but in respect of which, we are not prohibited from excluding our liability as set out in this clause), neither Cape Bouvard nor any Group Member (nor any officers, employees, agents or contractors of Cape Bouvard or the Group Members) are liable to you under these Terms of Use, law of tort (including negligence), legislation, common law, in equity or otherwise for any loss, damage, costs (including all legal costs of any kind), expense or liability of any kind (whether direct or indirect or consequential and whether due to the negligence or otherwise of any of Cape Bouvard, the Group Members or the officers, employees, agents or contractors of Cape Bouvard or the Group Members) suffered or incurred by you arising from or in connection with:

access to or use of the Site or any inability to access or use the Site or malfunction of the Site;
access to, use of or reliance on any Content on or obtained from the Site;
reliance on any advertisement or promotion on or related to the Site;
any errors or defects in the Site or any Content;
any failure or breach (whether by Cape Bouvard, the Group Members or any other person) of any security protections, mechanisms, protocols and/or procedures contained within or related to the Site;
the loss of or damage to any Content on the Site or any feedback, comments and ideas (“Feedback”) sent to Cape Bouvard or a Group Member or any other person;
any defamatory, obscene, discriminatory or otherwise illegal information or other Content posted on the Site, or sent to us, by any third party; or
the unauthorised direct or indirect use of the Site or related services by other persons, even if Cape Bouvard or any Group Member (or their officers, employees, agents or contractors) have been advised of the possibility of such loss, damage, cost, expense or liability.

7. Other excluded loss or damage

any loss of revenue, profit or anticipated savings;
any loss of opportunity;
any loss or damage arising, whether directly or indirectly, from loss or corruption of data, other information or computer systems or from any business interruption; or
any indirect or consequential loss or damage,

even if Cape Bouvard or any Group Member (or their officers, employees, agents or contractors) has been advised of the possibility of any such loss or damage arising.

8. Feedback

We welcome your Feedback regarding the Site and our business. When you provide Feedback via the Site (including via forms or email links on the Site), you agree that in doing so:

you irrevocably assign all copyright in such Feedback to Cape Bouvard;
without limiting the previous paragraph, you grant to Cape Bouvard and each Group Member an irrevocable, perpetual, worldwide, fully transferrable, royalty free licence to use (including to copy, modify, adapt or improve) and exploit in any other way (including to register, license, sell and commercialise in any way) all intellectual property rights in such Feedback;
you waive all rights to make, and agree you will not make at any time, any claim against Cape Bouvard and/or any Group Member (or against any of our successors, assigns and licensees) regarding any use or other exploitation of the Feedback;
you consent to us (and any of our successors, assigns and licensees) using Feedback in a way that infringes your moral rights (including acknowledging us as an author of any work, not acknowledging you as an author of any work and making any modifications to any work as we see fit); and
you consent to us using and disclosing your personal information included or connected with your Feedback for the purposes of dealing with and otherwise exploiting your Feedback.

9. Intellectual Property Rights

The Site and its Content is comprised of matter (including copyright works and other subject matter) in which various intellectual property rights exist, including copyright, patents, designs, trade marks, goodwill, rights in computer programs and databases and any other similar rights of a proprietary nature (“Intellectual Property”).

All Intellectual Property in the Site or any Content (including if it is licensed to us) is the exclusive property of Cape Bouvard, the Group Member that contributed it to the Site or our licensors (as the case may be).

Subject to our right to terminate permission for you to use any Intellectual Property in the Site or any Content, you may use the Intellectual Property only to the extent necessary to enable you to browse the Site (in the form it is available to the public) for your own personal use and to provide registrations of interest and Feedback. We reserve all other rights with respect to the Intellectual Property. For the avoidance of doubt, you may not use the Site or any Content for any commercial purpose and you may not reproduce, publish, communicate, transmit or incorporate into any other document or thing the whole or any part of the Site or the Content without the prior written permission of the Intellectual Property owner.

Access to the Site does not, unless and only to the extent expressly stated otherwise, confer on you any licence or other rights in respect of the Intellectual Property in the Site or any Content.

We reserve the right to revoke at any time, with or without cause, your permission to use any copyright, trade mark or any other Intellectual Property in the Site or any Content.

10. Privacy

In using the Site, you may give us or we may collect personal information. To know more about what personal information we collect and how we may use or disclose it, please click on this link to view our Privacy Policy relating to the Site. In addition to any other consent in these Terms of Use, by using the Site, you consent to us using your personal information in accordance with our Privacy Policy.

11. Your obligations

You agree you will not use any Content or other information, software or any other materials contained in or accessed or obtained from or otherwise in connection with the Site for any purpose that is illegal.

You agree you will not use, post or send to or via the Site any information or code (including any virus, script, program, bot, worm or other code) in any form that causes, or for the purpose of causing, harm of any kind to us, any User or any other person, the Site or any other property.

You agree that any information you provide to us (including by completing forms on the Site or emailing it to us or one of our representatives) in connection with the Site will be true, accurate, complete and up-to-date and will not be misleading.

In addition, you agree you will not:

data mine or conduct automated searches of or on the Site or its Content;
incorporate without our express consent any of the Content in any listings, advertising, promotional or other information or materials except as these Terms of Use expressly provide otherwise; or
create links from the Site to any other website or frame or mirror the Site without our express prior written consent.

Compliance with laws

You agree you will comply with all applicable laws of Australia (including its states and territories) and of any jurisdictions in which you reside or that otherwise apply to your use of the Site. You agree you will not use the Site for any illegal purpose or engage in any conduct in any way connected with the Site that is illegal.

You must not do anything that causes us to breach any law of any jurisdiction.

Foreign Acquisitions and Takeovers Act

You should note that, if you are a ‘foreign person’ within the meaning of the Foreign Acquisitions and Takeovers Act 1975 (Cth) (this includes individuals as well as foreign companies and trusts), you may not be permitted to acquire an interest in real estate without having obtained the prior approval of the Treasurer of the Commonwealth of Australia. If certain requirements are met, you may be lawfully entitled to enter into a conditional contract for the purchase of an interest in real estate before obtaining the relevant approvals.

Serious penalties can be imposed where a foreign person fails to comply with the requirements of the Foreign Acquisitions and Takeovers Act 1975 (Cth). If you are a foreign person, you should ensure that you seek independent legal advice before entering into any contract for the purchase of any interest in real estate in Australia. If you are unsure as to whether you are a foreign person, you should you seek independent legal advice to ascertain whether you are or not.

12. Your indemnity

You hereby irrevocably indemnify Cape Bouvard, each Group Member, the officers, employees, licensees and contractors of any of them and all other Users (“Indemnified Persons”) and will keep each Indemnified Person indemnified from and against any and all loss, damage, cost (including reasonable legal costs on a full indemnity basis) or expense suffered or incurred by any Indemnified Person, and from and against any liability any Indemnified Person has to any other person, arising from or in any way connected with (whether directly or indirectly):

your breach of these Terms of Use; or
your acts or omissions (including negligence) and those of your officers, employees and contractors, in any way connected with (whether directly or indirectly) your use of the Site.

13. Governing law

These Terms of Use are governed by and shall be construed in accordance with the laws of the jurisdiction in which the land is located. You irrevocably submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any courts hearing appeals from those courts.

15. Interpretation

In these Terms of Use unless the context requires otherwise:

headings are for reference purposes only;
the singular includes the plural and vice versa;
reference to a person includes natural persons, a company or any other entity recognised by law;
where any word or phrase is defined, any other part of speech or grammatical form in respect of such word or phrase has a corresponding meaning;
the use of the word ‘includes’ or its other grammatical forms (or of similar expressions, such as ‘for example’) is not to be taken as limiting the meaning of the words preceding it; and
a reference to a ‘subsidiary’ or ‘related entity’ has the meaning given to those terms in the Corporations Act 2001 (Cth).