Terms & Conditions
Golden Grove Website
Date of last revision: 25 October 2019.
Welcome to www.goldengrovebendigo.com.au (Site). The Site is owned and operated by Merrimu Views Pty Ltd ATF Aitken Unit Trust ABN 14 598 703 170 as part of the Brennan Development Group 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.
1. Acceptance of terms
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.
3.5 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.
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
8.2 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.
10. Force majeure
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.
12.3.1 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.
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.
16. Contact us