Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

A. This Website (referred to in these terms as the “Website”) is owned and operated by [COMPANY] (referred to in these terms as Xircon Homes) on the World Wide Web (“WWW”).
B. The material on our website and any social media platform you engage is copyright © 2021 and owned by Xircon Homes and/or other copyright owners. The name Xircon Homes and its associated logo are trademarks and may be registered in a relevant jurisdiction.
C. There is no assignment of intellectual property rights from Xircon Homes to you pursuant to this agreement.
D. Our website is available for you pursuant to the terms and conditions set out in these terms. By continuing to us, accessor subscribe you are agreeing to all terms and conditions set out herein.

GENERAL TERMS AND CONDITIONS

1. The information contained in this website is for general information purposes only about our homes or house and land packages provided by Xircon Homes. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to our website or the information, products, services, or related graphics contained on our website for any purpose.

2. Any reliance you place on such information is therefore strictly at your own risk. It is your responsibility to make the necessary enquiries to determine if the information or products are appropriate for your intended use.

3. To the fullest extent permitted by law:

(a) In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
(b) You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained in any information, materials, or otherwise directly or indirectly through use of our services and all such liabilities are expressly disclaimed.
(c) You take full responsibility and risk for making any decision based on Information accessed on or through our website or in using any of our Services.

4. We will use our best endeavours to ensure our website is always available, secure, error-free and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.

5. Every effort is made to keep our website up and running smoothly. However, Xircon Homes takes no responsibility for, and will not be liable for, our website being temporarily unavailable due to technical issues beyond our control.

6. Material that is downloaded or obtained by you through our website is done at your own risk.
Xircon Homes will not be responsible for any loss of data that results from the download, damage to your computer system and any consequential loss or damage suffered by you.

7. These terms apply to all users to this website. We may modify and update these Terms at any time, without notice. It is your responsibility to ensure that you review the Terms from time to time.

8. In using our website and services you agree to be bound by these terms as well as any and all general terms and conditions posted on our website which are specific to that transaction.

USE OF OUR WEBSITE AND USE OF MATERIAL

9. Except for the limited use permitted by these terms, you may not use our website, or the material contained on it, for any purpose. This involves:

(a) The reproduction of the material in any material form;
(b) The distribution of the material in any material form;
(c) Re-transmission of the material by any medium of communication;
(d) Uploading and/or reposting the material;
(e) “Framing” the material on our website with other material on any other WWW site.

10. Notwithstanding the above restrictions on use of the material on our website, you may download material from our website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

11. You may not modify or copy:

(a) The layout of our website;
(b) Any software and code contained in our website; and
(c) Nor shall you use web scrapping software or robots (or any other methods or process) to copy any or all of all the data contained on and within our website including but not limited to client lists.

12. Xircon Homes reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on our website is provided for personal use only and may not be:

(a) Re-sold and/or re-distributed in any material form;
(b) Stored in any storage media; and/or
(c) Re-transmitted in any media, without the prior written consent of Xircon Homes.

LINKS TO OTHER WEBSITES

13. Our website contains links to sites owned and operated by third parties and which are not under the control of Xircon Homes.
14. In relation to the other sites on the WWW, which are linked to our website, Xircon Homes:

(a) Provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Xircon Homes of the linked site; and
(b) Is not responsible for the material contained on those linked sites.

DISCLAIMERS

15. Xircon Homes is making our website available for you and others to publish information without assuming a duty of care to users. Xircon Homes is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on our website and/or linked sites on the WWW.

16. By approving any material or information for our website, Xircon Homes takes no responsibility for the material or information provided by you.

17. You represent and warrant in relation to any material and/or information you provide to
Xircon Homes for our website that:

(a) You are authorised to provide the material and/or information;
(b) The material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) The material and/or information is not the “passing off’ of any product or service and does not constitute unfair competition;
(d) The material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) The material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Competition and Consumer Act 201O (Cth) and equivalent state and territory legislation and any other parliament competent to legislate in relation to our website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

18. Xircon Homes will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(a) Acting, or failing to act, on any information contained on or referred to on our website and/or any of the linked Websites;
(b) Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on our website and/or any linked sites; and
(c) Loss of data that results from the download or obtaining of information through our website, damage to your computer system and any consequential loss or damage suffered by you. By downloading or obtaining material from our website, you do so at your own risk.

19. Xircon Homes does not warrant guarantee or make any representation that:

(a) Our website, or the server that makes the site available on the WWW are free of software viruses;
(b) The functions contained in any software contained on our website will operate uninterrupted or are error-free; and
(c) Errors and defects in our website will be corrected.

USE OF INFORMATION GATHERED

20. Xircon Homes and/or people authorised by it may gather and process the information and material:

(a) Which you may provide when accessing our website, such as your name, address, e- mail address and other personal information about you; and
(b) Regarding the way in which you use our website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of our website.
(c) Xircon Homes may authorise others to offer you goods and services using the information acquired through (a) and (b) above.

TERMINATION OF ACCESS

21. Xircon Homes may terminate access to our website at any time without giving any explanation or justification for the termination of access, and Xircon Homes has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to our website.

INTELLECTUAL PROPERTY

22. For the purpose of these terms and conditions, ‘Intellectual Property Rights’ means all present and future rights conferred by statute, common law or equity in or in respect of any copyright, trademarks, designs, patents, invention, discovery, trade secret, secret process, know-how, concept, idea, process, data, formula, product, business and domain names.

23. Unless otherwise stated, Xircon Homes is the sole and complete property owner of Intellectual Property Rights in the website, including, but not limited to content, house plans and designs, text, photographs, images, video, audio and multimedia content.

24. There is no assignment of Intellectual Property Rights by us to you under these terms and conditions.

LICENCE TO USE INTELLECTUAL PROPERTY

25. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks, and service marks (the “intellectual property”) on to our website, you are granting Xircon Homes a perpetual, non-exclusive and payment-free license throughout the world to:

(a) Reproduce, use and exploit the intellectual property, as part of our website, to the full extent permitted by intellectual property law in any jurisdiction in which our website is available to users; and
(b) Allow Xircon Homes to sub-license others the same rights granted to Xircon Homes in (a)
above.

REMOVAL OF INFORMATION

26. In relation to any material and/or information provided by you to be included on our website, Xircon Homes may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

RELEVANT JURISDICTION

27. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

28. This Agreement will be governed by and interpreted in accordance with the law of
Victoria, Australia without giving effect to any principles of conflicts of laws.

29. You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of this Agreement.

Refer a Friend

 

DEFINITIONS:

• Referrer: The Referred must be a new client of Xircon Homes, not actively engaged with a Building Consultant at the time of the referral. A Referrer may be any member of the public and must not be a current employee within the Xircon Homes, not actively engaged with a Building Consultant at the time of the referral.

REFERRAL FEES PAYABLE:

• Referral Fee: $5,000 in total
• The $5,000 will be paid to the Referrer by bank transfer upon the Referred Buyer’s home reaching ‘Ready to Start’ (RTS) stage. No referral is payable prior to this milestone being met.

ENTRY ELIGIBILITY REQUIREMENTS:

• To be eligible to receive the Referral Fee, the Referrer must: a) Refer a Friend to Xircon Homes director or  directly via the Referral Form, which can be accessed at Xirconhomes.com.au
• The Referred Buyer must advise Xircon Homes of the person who referred them at the time of signing a Tender. No referral details will be accepted after this point.
• The Referral fee is non-transferable and is not offered in conjunction with any other referral incentive or program

PRIVACY:

• The responsibility of privacy rests with the Referrer. The Referrer must seek approval from the Referred Buyer before submitting their details to Xircon Homes. Xircon Homes will only act upon the information provided by the Referrer, by making contact with the Referred Buyer

GENERAL CONDITIONS:

• The Xircon Homes Refer A Friend Program is subject to change and may be altered at any time. Xircon Homes  Management decisions are final and cannot be contested.
• There is no limit to the number of Referrals that can be generated by the same Referrer.
• By submitting the Referral request, you are indicating acceptance of these terms and conditions.