Effective 13 May 2019
By accessing the Website, you agree to be bound by these terms as a legally binding agreement between you and us. Your use of the Website constitutes your acceptance of these terms, which takes effect each time you use the Website, including the date, if any, that you subscribe for email notifications. If you do not agree with these terms, you must cease using the Website immediately and cancel your subscription (if applicable).
We reserve the right to amend, modify, add, delete and make corrections to these terms or by updating the Website to incorporate new terms, at any time without notice.
All changes are effective from the date they are posted and your continued use of the Website will constitute your acceptance of the variation of these terms. It is your responsibility to ensure you are aware of any changes to these terms each time you utilise the Website.
We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities or for any other reason.
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and other applicable terms, and that they comply with them.
Our Website is directed to users who are residing in and using the Website within Australia, and in the case of persons under the age of 18 years, with the consent of their parent or guardian. We do not represent that content available on or through our Website is appropriate for use or available in other locations. If you access our Website from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to you accessing the Website from your location.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via https://coralhomes.com.au/contact/
You may access the Website, to view, use and display the Website for your personal use only. You may use the Website to view information and material provided by us, to access the Website content and to subscribe for email notifications. You may not use the Website for any other purpose.
You acknowledge that you have no rights in, or to, the Website or technology used or supported by the Website, other than the right to use the Website in accordance with these terms.
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from the Website.
use the Website in accordance with these terms;
not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
always recognise our status (and that of any identified contributors) as the authors of content on our Website;
not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors;
not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Website;
not use the Website in any way that could damage, disable, overburden, impair or compromise the Website; and
comply with any applicable law and regulation relating to downloading content or applications used or supported by the Website.
You may use the Website only for lawful purposes and in accordance with these terms. You agree not to use the Website:
in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
Additionally, you agree not to:
use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website or for any other unauthorised purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the Website;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Website.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
The Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website.
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any requests that you make based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, payment terms, or Promotion Terms and Conditions.
All descriptions of houses, products or pricing displayed on our Website are provided for general information only and are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Final house prices are subject to contract.
Where applicable, prices are inclusive of GST.
Subject to the terms of each promotion outlined in the Promotion Terms and Conditions (Promotion) and to the maximum extent permitted by law, Coral Homes reserves the right to vary, suspend, cancel, extend or terminate any Promotion, the operation of the Promotion or the Promotion Terms and Conditions in its absolute discretion and without notice.
Without limiting any of the above, we reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason.
Where our Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites or information you may obtain from them. We have no control over the contents of those sites or resources, and Coral Homes makes no representation as to the accuracy of any material on these websites or mobile applications. You access third party Websites entirely at your own risk and subject to these terms for those Websites.
Coral Homes does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked websites and mobile applications, unless specifically stated. Coral Homes, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third party websites and mobile applications, or reliance on the information contained within.
As part of the optional subscriber services on the Website, you can choose to receive email notifications which may include notifications of changes to the Website, new promotions or new products (‘Email Notifications’). If you choose to receive Email Notifications then the Website will generate Email Notifications by sending emails to your nominated email address and you acknowledge and consent to receipt of these Email Notifications.
You may choose to stop receiving Email Notifications at any time by selecting the ‘Off’ option under ‘Email notifications’ within the Website’s settings menu or by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.
We will not be responsible or liable for any costs or damages incurred by you not receiving Email Notifications or by the insufficient operation of your internet service provider or email account.
We may cancel or suspend your subscription to the Website at any time, with or without notice if you have breached these terms.
We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement.
At any time you may terminate this agreement by ceasing your subscription (if applicable) and ceasing all use of the Website.
To the maximum extent permitted by law, in no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website, any Websites linked to it, any content on our Website or such other Websites or any services or items obtained through our Website or such other Websites, any interruption, suspension or termination of the Website in whole or in part for whatever reason, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, other than to the extent such liability arises due to the unlawful or negligent act or omission of Coral Homes.
You agree to release, discharge, defend, relinquish, indemnify and hold us, our related bodies corporate, affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) howsoever causes, directly or indirectly arising out of, or in connection with, or incidental to:
your violation of these terms; or
your use of the Website, including, but not limited to, your use of any information obtained from the Website and any use of the Website’s content, services and products other than as expressly authorised in these terms.
Nothing in these terms affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
Different limitations and exclusions of liability will apply to liability arising as a result of any promotion advertised by Coral Homes on the Website, which will be set out in separate terms of service accessible here: https://coralhomes.com.au/terms-and-conditions/
The exclusion of liability applied to these terms applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if Coral Homes has been notified of the possibility of such loss or damage.
You agree that any legal liability on the part of Coral Homes will be reduced by the extent, if any, to which you directly or indirectly contributed to the liability, loss or damage.
These terms do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
All content and services on or available through the Website are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Website or its content.
To the maximum extent permitted by law, Coral Homes excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
any material and/or information in the Website;
the performance and availability of the Website; or
the loss, damage, corruption or degradation of any data or other material as a result of the use of the Website.
You access the Website at your own risk and Coral Homes accepts no responsibility for any interference, loss, damage or disruption to your own computer or mobile device or otherwise which arises in connection with your use of the Website. You must take your own precautions to ensure that the process which you employ to obtain access to the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.
Without limiting the above, we do not warrant that the Website, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, we exclude to the maximum extent permitted by law, any liability for any loss, damage, corruption or degradation of any data or other material as a result of the use of the Website and or viruses, defects or other technologically harmful material that may infect your computer or mobile device due to your use of the Website.
If downloadable documents, software and other materials are made available on the Website, the following conditions apply:
downloadable material within the Website is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile or computer device and software systems and those of any other person;
you agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material; and
if you provide the downloaded material to another party you should bring the other party’s attention to these conditions.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your technology to access our Website. You should use your own virus protection software.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The Website in which you are linking must comply in all respects with the content standards set out above.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Website other than that set out above, please contact us via https://coralhomes.com.au/contact/ .
“Coral Homes” and all related names, logos, product and service names, designs and slogans are our trademarks (registered and/or unregistered) or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under these terms. Other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners and are used by us under licence.
All intellectual property in the information and material published on the Website is owned by, or licensed to, Coral Homes. You obtain no interest in the intellectual property. All content in the Website, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images, plans, drawings and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Website or any of its components.
Images contained on the Website may depict fixtures, finishes and features such as furniture, homewares, refrigerators, window coverings, landscaping, fencing, pools, water features and decorative lighting which are not supplied by Coral Homes. Furthermore, images contained on the Website may depict fixtures, finishes and features which are not included in the house designs or house price. Floor plans may depict fixtures, fittings, features, finishes, inclusions, furnishings, vehicles and/or other products which are not included in the house design, not included in the house price and/or not available from Coral Homes. All floor plan measurements are in millimetres unless otherwise stated.
You acknowledge that information about you, including information provided to us on signing up to the Website as a subscriber will be held by Coral Homes. This information is collected by us for the purpose of operating the Website and providing you with information and material on nutrition and exercise.
Additional terms may also apply to specific portions, services or features of the Website. All such additional terms are incorporated by this reference into these terms.
These terms, their subject matter and their formation, are governed by the laws of Queensland, Australia. You and we both agree that the courts in Queensland, Australia will have non-exclusive jurisdiction.
If any of these terms are held to be invalid, unenforceable or illegal for any reason, they are to be read down or severed to the extent of the invalidity or unenforceability and the remaining terms will nevertheless continue in full force and effect.
No provision of these terms will be taken to be waived except by written notice signed by you and us.