Terms of Use

The content of this Site, including any source code is the property of Peet and may be protected by the law of copyright, trademarks, design rights and other intellectual property rights.

You are permitted to download content for your personal information but not for any other purpose commercial or otherwise. You are not permitted to reproduce, distribute, transmit or incorporate into another document any of the content of this site without the prior written permission of Peet.

This Site is to provide background information on Peet and to allow the user to contact Peet. The Site has been prepared by Peet and each user must make their own independent assessment and investigation of Peet.

The Site does not purport to contain all the information that a prospective investor or acquirer of goods or services and/or rights to use the Company’s technologies may require. In all cases, before acting in reliance on any information, the user should conduct their own investigation and analysis in relation to Peet its goods/services/technologies and should check the accuracy, reliability and completeness of the information and obtain independent and specific advice from appropriate professional advisers.

The Site may contain reference to certain intentions, expectations and plans of Peet. Those intentions, expectations and plans may or may not be achieved. They are based on certain assumptions which may not prove to be correct. The performance and operations of Peet may be influenced by a number of factors, some of which may be outside the control of Peet. No representation or warranty, express or implied, is made by Peet, its officers, employees, agents, consultants or advisers that any intentions, expectations or plans will be achieved either in whole or in part.

Whilst Peet endeavours to ensure that all information is current and correct Peet makes no representation or warranty (express or implied) as to the currency, accuracy, reliability or completeness of the information. Peet and its officers, employees, agents and consultants accept no liability (including liability to any person by reason of negligence or negligent misstatement) for loss or damage caused by any statements, opinions, information or other matters (expressed or implied) arising out of, contained in or derived from, or for any omissions from, the site, except liability under statute that cannot be excluded.

Peet makes no representations whatsoever about any other website which you may access through this one. When you access a non-Peet web site through any link with the Site, please note that it is independent from Peet, and that Peet has no control over the content on that website. Where there is a link to a non-Peet website this does not imply that Peet endorses that site or accepts any responsibility for the content or use of that site. 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.

You must take whatever precautions are necessary to ensure that whatever you download from any website is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

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 Peet.

In no event will Peet be liable to any party for any direct, indirect, special or other consequential loss or damage, however caused (including through negligence), arising as a consequence of any use of this Site, or of any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we cannot ensure the security of any information you transmit to us. Any information you transmit to us is transmitted at your own risk. Once we receive your information, we will take reasonable steps to preserve the security of such information.

Persons accessing the site are not authorised to alter, delete or replace any pages or data on the Site, or to link this Site with any other website.

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.

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).

The Site contains a number of products that may be offered for sale by Peet (Living Choices).

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.

 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 and/or by adding and removing Living Choices products. 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).

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 a particular Living Choices product or any service or promotion.

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.

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, Peet 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 living choice or that it is suitable for the purposes of any user;
• any other content (including information regarding displayed properties, living choices, 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.

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

Once you register your interest in respect of any Living Choices product or 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, including Living Choices products. 

We may also contact you to discuss the land component of a selected Living Choices product.

Refer to our Privacy Policy for more information.

The Living Choices products on the Site which are currently available for sale include:

• serviced vacant residential land (Vacant Land);
• house and land packages (House and Land Packages); and
• completed dwellings, including freestanding homes, townhouses and apartments (Completed Dwellings).

You should not rely on any content as the basis of entering into a contract to purchase any living choice.

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 Living Choices 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.

Masterplan subject to change and Council approval.

House and Land Packages are Artist impression for illustrative purposes only, and may depict items not included in the House and Land Package price including but not limited to fencing, landscaping, window coverings, furniture and lighting.

Gardens – The artist illustrations show mature gardens and are for illustrative purposes only. They have been provided to assist purchasers to choose a garden type. The images may not accurately depict the garden on initial installation.

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

Peet makes 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 Living Choices contract (subject to the rights of Peet and/or a Builder to vary those plans and specifications).

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

All content within ‘Peet’s Advice Blog’ (Blog) is for information purposes only. While Peet endeavours to ensure that all information on the Blog is current and correct, Peet makes no representation or warranty (express or implied) as to the currency, accuracy, reliability or completeness of the information on the Blog. It is recommended that you obtain your own independent advice (including, without limitation, legal and financial advice) before taking any action following reading any of the contents of the Blog. Peet and its officers, employees, agents and consultants accept no liability (including, without limitation, liability to any person by reason of negligence or negligent misstatement) for loss or damage caused by any statements, views, opinions, information or other matters (expressed or implied) arising out of, contained in or derived from, or for any omissions from, the Blog, except liability under statute that cannot be excluded.

Any views or opinions expressed within the Blog do not necessarily express the views and opinions of Peet or of any person or organisation that may be associated with Peet.

Peet makes no representations whatsoever about any other website which you may access through the Blog. By accessing a third-party website (that is, one which is not operated by Peet) through any link with the Blog, you do so at your own risk. These third-party websites are independent from Peet. Peet has no control over the content on any third-party website. A link from this Blog to a third-party website this does not imply that Peet endorses any of the content on that third party website. Peet accepts no responsibility for the content or use of that third party website. You are responsible for taking all necessary precautions to ensure that whatever you download from the Blog or any linked website is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

In no event will Peet be liable to any party for any direct, indirect, special or other consequential loss or damage, however caused (including, without limitation, through negligence), arising as a consequence of any use of this Blog, its contents or of any other linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

The content of the Blog, including, without limitation, any source code is the property of Peet and may be protected by the law of copyright, trademarks, design rights and other intellectual property rights.

You are permitted to download content from the Blog for your personal information but not for any other purpose commercial or otherwise. You are not permitted to reproduce, distribute, transmit or incorporate into another document any of the content of the Blog without the prior written permission of Peet.

Persons accessing the Blog are not authorised to alter, delete or replace any pages or data on the Blog, or to link the Blog with any other website.

By giving Peet permission to use your online images and commentary, you agree that Peet:

• can use the content on its websites, apps, email, social media and other forums, including but not limited to for promotional purposes;
• can use your name, image, social media handle and other publicly available biographic material in conjunction with your image and associated content;
• has irrevocable, non-exclusive, royalty-free approval to use, reproduce, modify, publish and publicly display the content through any of our social media accounts, websites or digital platforms; and
• is released from any liability for use of the image and/or content to the extent permitted by law.

You also agree and confirm you:

• are at least 18 years old or if under 18 have permission from a parent or guardian;
• own and control the copyright and or interest in the image and content, and it does not infringe any patent, trademark, copyright or other intellectual property of another;
• have complied with all laws and regulations associated with acquiring and/or producing the content;
• acknowledge statements, remarks or claims by you reflect your honest views and experiences;
• will not make available any material that includes an image or personal information of another person unless you have their consent;
• have disclosed any commercial connections or interests you have with Peet or third-party brands or sellers (ie you are an employee, paid blogger or recipient of free products or services);
• will not be paid by Peet for use of your content; and
• will contact Peet if you no longer approve for your image or content to be published by Peet, by phoning 1800 819 912 or emailing community@peet.com.au

This agreement is underpinned by Peet’s Privacy Policy, which aims to protect your privacy and personal information, as well as relevant social media platform policies and guidelines, and Australian laws and statutes.

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), Peet (nor any officers, employees, agents or contractors of Peet) 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 Peet, or the officers, employees, agents or contractors of Peet) 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 (by Peet, 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 Peet 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 Peet (or their officers, employees, agents or contractors) have been advised of the possibility of such loss, damage, cost, expense or 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 limiting our liability as set out in this clause), Peet (nor any officers, employees, agents or contractors of Peet) are liable to you or any other person under these Terms of Use, law of tort (including negligence), legislation, common law, in equity or otherwise for:

• 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 Peet (or their officers, employees, agents or contractors) has been advised of the possibility of any such loss or damage arising.

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 Peet;
• without limiting the previous paragraph, you grant to Peet 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 Peet (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.

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, trademarks, 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 Peet.

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.

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 view Peet’s 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.

We use third-party advertising technology to serve ads when you visit our website and sites upon which we advertise. This technology uses non-personal information about your visits to this website and the sites upon which we advertise (not including your name, address, or other personal information) to serve ads to you. In the course of delivering advertisements, a unique third-party cookie may be placed or recognised on your browser. In addition, we use web beacons, provided by our ad-serving partner, to help manage our online advertising. These web beacons enable our ad server to recognise a browser’s cookie when a browser visits this site, and to learn which banner ads bring users to our website.

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.

Indemnity

You hereby irrevocably indemnify Peet, the officers, employees, licensees and contractors of any of Peet entities 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.

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.

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).