Emu Rise Website

Terms of Use

Date of last revision: 16 July 2022.

Welcome to www.emurise.com.au (Site). The Site is owned and operated by Brennan Development Group Pty Ltd ABN 79660846300 of 8 Gordons Road, Lower Templestowe Vic 3107 (together, 'Brennan Development Group', 'we', 'us'). The term 'you' refers to the person accessing or using the Site or our Services (as defined below), or the company or organisation on whose behalf that person accesses the Site or our Services.

These terms and conditions (Terms of Use) are deemed to incorporate this Site's privacy policy which explains how we collect, use and disclose information that pertains to your privacy (Privacy Policy) www.emurise.com.au/privacy and should be read together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.

Please read the following terms and conditions (Terms of Use) carefully before using the Site.

1. Acceptance of terms

1.1 These Terms of Use govern your access to and use of this Site, including any Site Content (as defined below) and services provided through or in connection with this Site (Services).

1.2 By browsing, accessing or using the Site or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by these Terms of Use and any additional terms and conditions notified to you from time to time.

1.3 These Terms of Use form a legally binding agreement between Brennan Development Group and you. If you do not agree to these Terms of Use, you must immediately exit and not access or use this Site or the Services.

2. Prohibited activities

2.1 When using this Site, you must not:

2.1.1 infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

2.1.2 reproduce any Site Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;

2.1.3 seek reimbursement from any other party for access to the Site or on-sell any information obtained from the Site;

2.1.4 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Site, conduct yourself in an offensive manner while using the Site, or use the Site for any illegal, immoral or harmful purpose;

2.1.5 submit, post, upload, email or otherwise send or transmit to the Site, or any user of the Site, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality

of any computer software or hardware or equipment linked directly or indirectly to the Site; or

2.1.6 interfere with the Site or the servers or networks underlying or connected to the Site or violate any of the procedures, policies or regulations of the Site or any networks connected to the Site.

3. Intellectual property

3.1 The entire contents and design subsisting in, relating to or arising out of the Site and available through or in connection with the Site including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Site Content) are the intellectual property of Brennan Development Group, our content providers or our licensors, with all rights reserved.

3.2 You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by a current Links Agreement with Brennan Development Group, by statute or with Brennan Development Group's prior written consent.

3.3 No Site Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

3.4 You may view this website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study: but only if you (i) do not modify the copy from how it appears unless expressly authorised by Brennan Development group and then only in accordance with these Terms of Use; and (ii) include the copyright notice “© Brennan Development Group Pty Ltd” on the copy.

3.5 When you send us any feedback or suggestions in relation to the Site, you agree that we can use any ideas, concepts, or techniques contained in the feedback or suggestions. When you participate in any chat sites, forums or other activities involving the publication of materials that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.

4. Land descriptions, price and marketing materials

4.1 All designs, images, maps, drawings, plans, dimensions, sizes and areas, location, facilities, amenities, infrastructure, number of lots, the configuration of these and other information displayed on this Site are for illustrative purposes only. They should not be relied upon as an accurate representation of the final product. These may only be used as a guide only and are subject to change. Interested parties are responsible for assessing the relevant and accuracy of the content on the Site and should make their own enquiries and seek independent advice before acting

4.2 The actual stages, facilities, amenities, infrastructure, number of land lots and the configuration of the facilities, amenities, infrastructure, land lots at a development may change depending on a range of variable factors (which may be outside our control) including, but not limited to:

4.2.1 council building approvals and planning consent, market conditions, soil test and survey results, finance requirements and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body; and

4.2.2 our feasibility studies and projections and market conditions.

As a result, the information displayed on the Site is preliminary only and subject to change without notice as the development progresses.

4.3 The prices specified for land lots are indicative prices only and will vary depending on a number of factors including, but not limited to, the location and size of the land lots.

4.4 Furniture and home decorator items are for illustrative purposes only and are not included in the purchase price. The representations of the development are artistic impressions only.

4.5 Actual specifications, locations and price for land lots will be set out in the contract of sale. We recommend that you undertake your own enquiries, obtain independent legal advice and confirm the current property information at the time you enter into any purchase contract

5. House and land package descriptions and prices

5.1 Images, maps, drawings, floor plans, dimensions, sizes and areas, materials, finishes, fittings and other information displayed on this Site for the types of houses or house and land packages are for illustrative purposes only and may include options available at extra cost.

5.2 Brennan Development Group will not undertake the building works for any house and land package. The building works will be carried out by a building contractor from our panel of builders. You will enter into the building contract with the building contractor.

5.3 Final package prices and specifications will depend upon a range of variable factors (which may be outside our control) including, but not limited to, building contractor requirements and variations, council building approvals and planning consent, finance, soil test and survey results, the final plans, specifications, fixtures and materials selected and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body.

5.4 Actual specifications for a particular home will be set out in the specific building contract.

5.5 We do not accept any responsibility or liability to any person for any builder’s content which is provided on the Site or incorporated into it by reference. We recommend that you undertake your own enquiries, obtain independent legal advice and confirm the current property information at the time you enter into any purchase or building contract.

6. Expression of interest

You may request further information about particular property development or properties at this Site. Your expression of interest is not binding on you or us and does not form the basis of any contractual or other legal rights.

7. Security

We use our best endeavors to minimise viruses and bugs from infiltrating the Site. However, due to the nature of the internet, the Site may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked website.

8. Links to other websites

8.1 This Site may contain links to other websites. Links to third party websites, including to Google Maps, are provided on the Site for convenience only. By clicking on a third party link, you will leave the Site. We are not responsible for the content or privacy practices associated with linked websites. You should review the terms and conditions and privacy policy of every internet website you access or use.

8.2 Links on the Site to third-party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics (including trade marks), materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

8.3 Where the information made available on this Site contains opinions or judgements of third parties:

8.3.1 you acknowledge that any opinions, advice, information or content by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose;

8.3.2 we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and

8.3.3 we do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

8.4 Information procured from a third party may be the subject of copyright owned by that third party. We hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party sites.

9. Changes to Terms of Use

9.1 We may from time to time (with or without notice to you) update or amend these Terms of Use at our sole discretion by posting the changes on the Site. The then current version of the Terms of Use will apply each time you use our Site.

9.2 Your continued use of this Site after any such change constitutes an acceptance of any new Terms of Use. We will endeavour to keep you updated on any change to these Terms of Use, however you are responsible for keeping up to date of any changes by regularly reviewing these Terms of Use. If you object to any changes, your only remedy is to discontinue your use of the Site.

10. Force majeure

We will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Site, the Site Content or the Services or any delay or other failure by us to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond our control.

11. Disclaimer

11.1 The Site Content is intended to provide general information only. It is not in the nature of advice. In particular, we do not hold our self out to offer any investment or financial advice. While every effort is taken to ensure the information is accurate, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to specific circumstances.

11.2 We do not accept any responsibility or liability to any person for the information (or the use of such information), which is provided on the Site or incorporated into it by reference. The information on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance and accuracy of its content. We disclaim all responsibility and liability for any direct or indirect loss, damage, cost or expense whatsoever in the use of or reliance upon this information.

11.3 We do not accept any liability to any person in reference to visiting any location listed on the Site and any visit to any location listed on the Site is at the individual’s own risk. We do accept any responsibility for the loss, damage to equipment or persons during such visit(s).

11.4 To the fullest extent permitted by applicable law, we exclude all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise), including any implied representations, warranties, terms or conditions that this Site, the Site Content or the Services are of satisfactory quality or fit for their purpose.

11.5 The Site Content is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format. No responsibility is taken for any information or services, which may appear on any linked websites.

11.6 You are responsible for making your own assessment of the information available on or through the Site, and you should verify all relevant representations, statements and information before you rely on that information.

12. Limitation of liability

12.1 You are wholly responsible for your participation on the Site and you use the Site at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Site or your conduct in connection with the Site in any circumstance.

12.2 Nothing in these Terms of Use is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (CCA) or any other applicable legislation which may not be excluded, restricted or modified by agreement.

12.3 To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Site. You may have rights under the CCA in respect of any goods or services supplied to you under these Terms of Use. If so, our liability to you is limited to, at our election:

12.3.1 in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or

12.3.2 in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.

12.4 To the fullest extent permitted by law, we are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage, including any indirect, consequential or special loss or damage however caused and which is suffered directly or indirectly in connection with use of this Site or Services provided to you.

13. Indemnification

You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs (including reasonable solicitor's fees) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms of Use.

14. Third party rights

The provisions of Indemnification, Disclaimer and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

15. General

15.1 Entire Agreement: These Terms of Use, together with any additional terms and conditions set out on this Site from time to time, constitutes the whole agreement relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

15.2 Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.

15.3 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms of Use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

15.4 Invalidity: If any clause or provision of these Terms of Use is determined to be illegal, invalid or unenforceable for any reason, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms of Use without affecting the enforceability of all remaining clauses and provisions.

15.5 Interpretation: In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

15.6 Governing Law: These Terms of Use are governed by the laws of the state of Victoria, Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of Victoria. This Site may be accessed throughout Australia and overseas. Brennan Development Group makes no representation that the content provided by the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to this website is not illegal or prohibited by laws which apply to you.

16. Contact us

If you have any questions about our Terms of Use or any queries or concerns about this Site or the Site Content, please contact us at mail@brennandevelopment.com.au.