I- LEGAL NOTICE
In compliance with Act 2004-575 of June 21, 2004 in support of trust and confidence in the digital economy, users are informed of the following:
The website is hosted by PHOENIX HOMES*., registered under the ABN number 181 902 511 88, whose postal office address is at:
Po Box 534
Lithgow NSW 2790
Phone +(61) 1300 469 468
Since the legal notice may be amended at any time and without prior notice, users are advised to periodically review the legal notice regularly. It was last updated on 30 December 2018.
II- TERMS AND CONDITIONS OF USE
The following are the Terms and Conditions under which you may use this Website. Please read these carefully. Viewing any information on this Website evidences your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please leave this Website. Phoenix Homes and its subsidiaries, and affiliated companies ("Phoenix Homesi") reserve the right to revise these Terms and Conditions at any time by posting updates or revisions. Periodically review these Terms and Conditions; they govern the content and format of the information on all Phoenix Homes Web pages. Phoenix Homes may also send email updates to users who have registered with our on-line store (the “Phoenix Homes Store”). Phoenix Homes will send such updates to the primary email address each registered user provides to us.
Phoenix Homes reserves the right to deny access to any person, entity, or account that violates these Terms and Conditions.
Section 1. Trademark.
All names, trademarks, logos and service marks ("Marks") appearing in this Website, except as otherwise noted, are owned or used under license by Phoenix Homes or its affiliates. The use or appropriation of these Marks on this Website, except as provided in these Terms and Conditions or in the Website content, is strictly prohibited. You may not use any meta tags or any other text or content (hidden or visible) that includes or references Phoenix Homes name or Marks without Phoenix Homes express written consent.
Section 2. Website Content.
All documents, information, data, text, photographs, graphics, video, messages or any other materials whatsoever ("Content"), except as otherwise indicated elsewhere on this Website, may be viewed, downloaded and printed under the following conditions:
The Content may be used solely for personal, informational, internal, non-commercial purposes. The sale or other commercial use of the Content is prohibited, as is the use of mass downloaders, download accelerators, or data mining, gathering, or extraction tools.
The Content may not be modified or altered in any way, including the removal of any copyright or other proprietary notices.
The Content on the Website may not be distributed.
The Content may not be used in an offensive, derogatory, or misleading manner, or in any manner that portrays an individual or entity in a false light.
The rights specified above to view, download and print the Content available on this Website are not applicable to the design or layout of this Website. Elements of this Website are protected and may not be copied or imitated in whole or in part.
Section 3. Website Security.
In addition to prohibitions imposed by law, You are prohibited from intentionally breaching or attempting to breach the security of the Website or Phoenix Homes servers, including, without limitation, (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test for vulnerability in a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with or deny service to any user, host or network, including, without limitation, via means of submitting a virus or "trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Breaches or attempted breaches of system or network security may result in civil or criminal liability. Phoenix Homes will investigate any such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting offenders.
Section 4. Privacy.
Please review our PRIVACY NOTICE.
Section 5. Liability.
The Content in this Website may contain inaccuracies or typographical errors. Phoenix Homes makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or its Content. Your use of the Content on the Website is at your own risk. Changes are periodically made to the Website and may be made at any time.
ALTHOUGH PHOENIX HOMES MAKES EVERY EFFORT TO ENSURE ALL CONTENT, SERVICES AND LINKS ARE ACCURATE, RELIABLE, COMPLETE AND TIMELY. THE WEBSITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES WHATSOEVER. PHOENIX HOMES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANT-ABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. PHOENIX HOMES DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ANY SERVERS ON WHICH IT IS HOSTED ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
Section 6. Waiver of Damages.
BY USING THIS WEBSITE, YOU RELEASE PHOENIX HOMES FROM ALL LIABILITY RESULTING FROM SUCH USE AND YOU AGREE THAT IN NO EVENT SHALL PHOENIX HOMES, ITS AFFILIATED COMPANIES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN, REGARDLESS OF WHETHER SUCH DAMAGE RESULTED FROM A CLAIM BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PHOENIX HOMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 7. Links to Third Party Websites.
The Website may contain links to third party websites. Such links are provided solely as a convenience to you and not as an endorsement by Phoenix Homes of the contents on such third party websites. Phoenix Homes is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of the content on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
Section 8. Address.
Phoenix Homes headquarters mailing address is:
Po Box 534
Lithgow, NSW, 2790
Any rights not expressly granted herein are reserved by Phoenix Homes.
Contact with questions or problems
Section 9. Applicable law - jurisdiction clause.
The Site and these general conditions of use are subject to Australian law and conflict of law rules are excluded. Having regard to the international nature of the internet, users must also comply with all compulsory and public policy rules applicable to them according to their local laws.
If any part of the provisions of these general conditions of use should prove to be illegal, invalid or inapplicable for any reason whatever, the term or terms in question will be treated as non-existent and the remaining terms will retain all their force and scope and continue to apply. Terms held to be non-existent will be replaced by one or more terms as close in content to the cancelled term(s) as possible.
Any disagreement or dispute relating, in particular, to the application, performance, interpretation or validity of these general conditions of use, and which cannot be resolved amicably, will be referred to the competent Courts.