Terms of Use

The following sets out the terms and conditions (“Terms of Use”) upon which WMDGROUPHOLDINGS PTY LTD ABN 73 623 927 784 (“WMD”) 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://www.yarrahyass.com.au (“Site”).

The Site includes all information (including these Terms of Use), images, data, software and other materials contained on the Site (but, to avoid doubt, excludes materials that are contained on third party websites which are linked to from the Site) (“Content”).

The Site contains several products that may be offered for sale by WMD and the Group Members.

Unless 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 and its Content are provided for general information purposes only and do not in any way constitute advice or an approval or recommendation, nor an endorsement or sponsorship by WMD or any Group Member of any third party information (whether appearing on the Site, contained on any other website, or obtained by other means).

1. You are agreeing to these Terms of Use

Each time you access the Site, you agree with WMD and each Group Member (collectively, “we” or “us”) to be bound by and abide 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 a particular product or 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 and/or by adding and removing products. Such changes will take effect from the time they are first uploaded to the Site. You agree to be bound by the changed terms if you use the Site after the terms have changed.

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.

3. Registrations of interest

Once you register your interest in respect of any 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 of our representatives contacting you in relation to your interest;
dealing with your interest and any further enquiries you may have;
providing our products and services to you; and
disclosing that information to any employees, contractors, agents and other representatives, including any relevant Builder (where applicable), that work with us, to facilitate the purposes set out above.

A registration of interest does not create any interest in, or constitute any contractual relationship concerning any, products or services identified or selected on the Site.

By making a registration of interest, you are under no obligation to purchase any product or service.

We do not charge you any fee to make a registration of interest.

4. Independent advice

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

You should always seek your own independent taxation, investment, financial, accounting, legal, building and other advice in relation to the Site, the Content, contracts, land and buildings and/or their development and construction, building covenants and design guidelines and all other information, before entering into any contract. In all cases, before acting in reliance on any information contained on the Site, you should conduct your own investigation and analysis in relation to WMD and its goods and services, and should check the accuracy, reliability and completeness of the information and obtain independent and specific advice from appropriate professional advisers.

5. Products

The products on the Site which are currently available for sale may 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”).

5.1 Vacant Land

(a) Contract

A purchaser wishing to purchase Vacant Land will need to enter into a contract for the purchase of the Vacant Land from the owner of the Land, WMDGROUPHOLDINGS Pty Ltd.

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

(b) Price of Vacant Land

Prices shown on the Site:

are indicative only;
may, unless otherwise advertised, be subject to exclusions such as landscaping, fencing and any other exclusions nominated by us;
do not include transfer duty (also known as stamp duty) on the Vacant Land Contract, registration fees (including registration fees in relation to the transfer of the Vacant Land), local government change of ownership fees or any other fees or charges relevant to the acquisition of the Vacant Land. The purchaser is responsible for payment of these fees and charges separately;
do not include legal fees or the cost of other services which may be required by a purchaser in relation to the Vacant Land Contract. The purchaser is responsible for payment of these fees and charges separately;
are correct at the time of publication, but these may change without notice to you;
are subject to adjustments under the Vacant Land Contract, including local government rates and charges, land tax, water rates and charges and other statutory charges; and
may include rebates that are conditional on the purchaser meeting specified requirements in accordance with the Vacant Land Contract.

(c) Building Covenants and Design Guidelines

Building covenants and/or design guidelines may apply to the Vacant Land, which may increase the costs of constructing a house on the Vacant Land.

Details of building covenants and design guidelines are available from our representatives for information purposes only. We make no representations or warranties regarding any such documentation that our representatives provide to you.

The building covenants and design guidelines provided by our representatives are subject to change and may not be identical to the building covenants and design guidelines included or referenced in any Vacant Land Contract. You will need to satisfy yourself that your intended house complies with the applicable building covenants and design guidelines current as at the time of purchase.

5.2 House and Land Packages

(a) Contracts

Each House and Land Package displayed or advertised on the Site consists of:

a land component; and
a home component,

each of which is sold separately from the other.

Our representatives will be able to provide details regarding the cost of the land offered for sale. You will need to contact the relevant Builder directly to obtain further details regarding the cost and other details of the house component of the selected House and Land Package, as this information is only able to be provided by that Builder.

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

enter in to a contract, with the owner of 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.

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 Owner of the Land and the Builder. Where such a change is agreed to, prices and any promotional offers may also change.

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.

(b) Builders

We make no representations and give no warranties about a Builder’s ability to enter into or perform a Building Contract. WMD and Group Members have no responsibility, liability or obligation whatsoever in relation to the actions of, or products offered by, Builders.

Unless and to the extent you enter into an express written agreement with WMD or a Group Member to the contrary, neither WMD nor any Group Member will be liable for:

any delay or failure by a Builder to enter into or perform a Building Contract;
any representations or statements made by a Builder (whether verbal or written); or
any loss or damage suffered by any purchaser or any other person in any way arising out of or in connection with a Building Contract or any matter arising in relation to a Building Contract, including:
the construction of, or failure to construct, a house;
any delays in construction of the house; or
any defects in construction.

Promotional offers, bonuses, incentives or ‘extras’ may be offered by a Builder. WMD and the Group Members accept no liability or responsibility with regard to them. Such offers, bonuses, incentives or ‘extras’:

are not given by WMD or any Group Member;
are subject to such eligibility criteria, terms and conditions as may be imposed by the relevant Builder offering them; and
do not form part of any offer or contract entered into by WMD or any Group Member with any purchaser.

(c) Price of House and Land Packages

Prices shown on the Site:

are indicative only;
may, unless otherwise advertised, be subject to exclusions such as landscaping, fencing and any other exclusions nominated by us or a Builder;
do not include transfer duty (also known as stamp duty) on the Land Contract or the Building Contract, registration fees (including registration fees in relation to the transfer of the land), local government change of ownership fees or any other fees or charges relevant to the acquisition of land or a home or the construction of a house. The purchaser is responsible for payment of these fees and charges separately;
do not include legal fees or the cost of other services which may be required by a purchaser in relation to the Land Contract, the purchase of the land, the Building Contract or the construction of the house. The purchaser is responsible for payment of these fees and charges separately; and
are correct at the time of publication, but may change without notice to you.

The price for a house is based on the relevant Builder’s standard specifications and inclusions for the house as provided to us by the Builder, confirmation of which Users can, and should, obtain themselves directly from the relevant Builder.

The price for a house may change as a result of a number of factors, including:

variations in the inclusion or specification of the house required by the purchaser;
changes in the local, state or federal government laws; and/or
increases in cost of materials and other inputs or requirements which affect the inclusions or specifications of the house; and/or
in other respects as set out in the relevant Building Contract.

In respect of the price for the land:

the land price is subject to adjustments under the Land Contract, including local government rates and charges, land tax, water rates and charges and other statutory charges; and
the land price may include rebates that are conditional on the purchaser meeting specified requirements in accordance with the Land Contact. For further details regarding these rebates, please speak to one of our representatives.

Prices and package details on the Site are not an offer to sell any house or land (or both). By contrast:

the price of a house can only be agreed pursuant to a Building Contract; and
the price of the land can only be agreed pursuant to a Land Contract.

(d) Building Covenants and Design Guidelines

Alterations may be required to the advertised house to ensure it complies with any building, planning or other statutory requirements or restrictive building covenants and/or design guidelines applying to the land or the estate in which the land is located, and these alterations may increase the cost of construction.

We do not warrant or represent that all or any houses displayed on the Site comply with the building covenants or design guidelines relevant to the land being sold. All houses being built must comply with the relevant building covenants and design guidelines affecting the land. Purchasers are responsible for satisfying themselves as to the compatibility of the house with the land and the applicable building covenants and design guidelines.

Building covenants and design guidelines are available from our representatives for information purposes only. We make no representations or warranties regarding any such documentation that our representatives provide to you.

The building covenants and design guidelines provided by our representatives are subject to change and may not be identical to the building covenants and design guidelines included or referenced in any Land Contract. You will need to satisfy yourself that your intended house complies with the applicable building covenants and design guidelines current as at the time of purchase.

5.3 Completed Dwelling

(a) Contract

A purchaser wishing to purchase a Completed Dwelling will need to enter into a contract for the sale of the Completed Dwelling with the owner of the Land (“Completed Dwelling Contract”).

If there is any inconsistency between these Terms of Use and the Completed Dwelling Contract, then the terms of the Completed Dwelling Contract will prevail.

(b) Price of Completed Dwelling

Prices shown on the Site:

are indicative only;
may, unless otherwise advertised, be subject to exclusions such as landscaping, fencing and any other exclusions nominated by us;
do not include transfer duty (also known as stamp duty) on the Completed Dwelling Contract, registration fees (including registration fees in relation to the transfer of the land), local government change of ownership fees or any other fees or charges relevant to the acquisition of a Completed Dwelling. The purchaser is responsible for payment of these fees and charges separately;
do not include legal fees or the cost of other services which may be required by a purchaser in relation to the Completed Dwelling Contract. The purchaser is responsible for payment of these fees and charges separately;
are correct at the time of publication, but may change without notice to you;
are subject to adjustments under the Completed Dwelling Contract, including local government rates and charges, land tax, water rates and charges and other statutory charges; and
may include rebates that are conditional on the purchaser meeting specified requirements in accordance with the Completed Dwelling Contract.

6. 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 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 products. Factors such as orientation, elevation, area, dimensions and price will vary depending on the type of product.

WMD 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 contract (subject to the rights of WMD, 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 product they are interested in and should satisfy themselves prior to entering into any agreements or contracts in relation to any product.

7. Consumer Guarantees

To the extent that a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at our discretion.

8. Disclaimer

Access to and use of the Site is at your own risk.

The Site, and all Content provided or made available through this Site, are made available to you on an ‘as is’ and ‘as available’ basis

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. The Site may contain reference to certain intentions, expectations and plans of WMD. 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 WMD may be influenced by several factors, some of which may be outside the control of WMD. No representation or warranty, express or implied, is made by WMD, its officers, employees, agents, consultants or advisers that any intentions, expectations or plans will be achieved either in whole or in part.

To the full extent permitted by law including the Australian Consumer Law and any corresponding provisions of State or Territory legislation, and except as expressly set out elsewhere in these Terms of Use, WMD 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 living choice or that it is suitable for the purposes of any User;
any other Content (including information regarding displayed properties, 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.

Third party information

Some 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 WMD or any Group Member. We have no control over third party websites. These Terms of Use do not apply to third party websites and you should review the terms and conditions of the applicable third party website before using that website.

Where there is a link to a non-WMD or non-Group Member website this does not imply that WMD 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. We make no representation or warranty as to, and we are not responsible for, the accuracy, legality, decency or any other aspect of any material located at the other website or the services provided by these third parties (including in relation to our products and services). Any such links are provided for convenience only and may not remain current.

9. 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 WMD nor any Group Member (nor any officers, employees, agents or contractors of WMD 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 (including loss of revenue, profit or anticipated savings, loss of opportunity, loss or corruption of data, other information or computer systems, or loss arising from any business interruption), 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 WMD, the Group Members or the officers, employees, agents or contractors of WMD 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 WMD, 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 sent to WMD 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;
any changes to the Site or the Content (including these Terms of Use);
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); or
the unauthorised direct or indirect use of the Site or related services by other person,

even if WMD 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.

10. Feedback

We welcome your feedback, comments and idea regarding the Site and our business (“Feedback”). 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 WMD;
without limiting the previous paragraph, you grant to WMD 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 WMD 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.

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 Feedback you transmit to us. Any Feedback you transmit to us is transmitted at your own risk. Once we receive your Feedback we will take reasonable steps to preserve the security of such Feedback.

12. Intellectual Property Rights

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

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

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

You may use the Intellectual Property Rights 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 relevant Intellectual Property Rights 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 any Intellectual Property Rights in the Site or any Content.

We reserve the right to revoke at any time your permission to use any copyright, trade mark or any other Intellectual Property Rights in the Site or any Content.

13. 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.

14. 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;
alter, delete or replace any pages or data on the Site;
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

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.

Foreign Acquisitions and Takeovers Act

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.

16. Governing law

These Terms of Use are governed by and are to be construed in accordance with the laws of the New South Wales, Australia. By using the Site you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia in relation to any dispute relating to the Site.

17. 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).

If a provision of these Terms of Use is invalid or unenforceable, it may be severed from these Terms of Use and the remaining provisions of these Terms of Use continue in force.