TERMS & CONDITIONS
FOR THE USE OF
Welcome to https://broadsteadkilmore.com.au (the Site). The Site is owned and operated by Jinding which includes JD DM Pty Ltd (ACN 619 773 778) and its related bodies corporate (collectively ‘Jinding’, ‘we’, ‘us’ and ‘our’). The term ‘you’ refers to the person accessing or using the Site or the information services offered on this Site (Services), or the organisation on whose behalf that person accesses the Site or our Services.
These Terms and Conditions apply to the use of this Site, including the use of the Services. By accessing or using this Site, you acknowledge and warrant that you have read, understood and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Site.
Changes to our Terms and Conditions
All information provided by us at this Site is general information and is not in the nature of advice. In particular, Jinding does not hold itself out to offer any investment or financial advice. Jinding derives the information on the Site from sources which it believes to be accurate and up to date as at the date of publication. Jinding nevertheless reserves the right to update this information at any time (with or without notice to you). In addition, Jinding does not make any representations or warranties that the information provided on the Site is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site.
Jinding is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on the Site. To satisfy yourself that any purchase may be a satisfactory investment you should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our Site.
You agree to use our Site for lawful purposes only.
Proprietary rights in the Site
The entire contents and design subsisting in, relating to or arising out this Site including, but not limited to copyright, logos, trademarks, designs, text, graphics, images, video, information, applications, software, music, sound and other files, and their selection and arrangement (Site Content), are the proprietary property of Jinding, our content providers or its licensors with all rights reserved.
The Site is for your personal, non-commercial use only. No Site Content may be modified, copied, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.
Provided that you are eligible to use the Site, you are granted a non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
You may not upload or republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, licence, sub-licence, reverse engineer, or create derivative works based on the Site or the Site Content or their selection and arrangement, except as expressly authorised herein.
In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose or to establish, operate or maintain your own product or service offering without our express written consent. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of Jinding, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time without notice and with or without cause.
In order to receive relevant information and email communications from Jinding, you will be requested to register your details with us (Registered User). As a Registered User, you will receive special offers and information from us regarding the Site and the development;
If you choose to become a Registered User, you:
- warrant to Jinding that you are 18 years of age or above;
- agree to provide accurate and complete information about yourself and to keep this information up-to-date; and
- agree to comply with these Terms and Conditions.
Jinding reserves the right to refuse or terminate your registration at any time and at our discretion, including if:
- you register in a fraudulent or illegal manner;
- you have breached these Terms and Conditions;
- Jinding considers it necessary to comply with any requirements of the law;
- Jinding considers that you are using the services provided on the Site in an inappropriate manner; or
- you are already a Registered User.
Land Descriptions and Prices
Images, maps, drawings, plans, dimensions, sizes and areas, location, and other information displayed on this Site for the description of land lots are for illustrative purposes only.
The actual land lots available for purchase will depend upon a range of variable factors (which may be outside our control) including, but not limited to, council building approvals and planning consent, finance, soil test and survey results and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body. 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.
Actual measurements, locations and price of land lots will be set out in the contract of sale.
House and Land Package Descriptions and Prices
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.
Jinding 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 approved builders in accordance with the design guidelines for Jinding. You will enter into the building contract with the building contractor.
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.
Actual specifications for a particular home will be set out in the specific building contract.
Townhouses and Apartments Description and Prices
Images, drawings, floor plans, dimensions, sizes and areas, materials, finishes, fittings and other information displayed on this Site for townhouses are artistic impressions based on current site designs and are for illustrative purposes only. Some perspectives may have been enhanced and are subject to change.
The actual townhouses or apartments available for purchase will depend upon a range of variable factors (which may be outside our control) including, but not limited to, 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.
The prices specified for townhouses or apartments are indicative prices only and will vary depending on a number of factors including, but not limited to, the location and size of the townhouses or apartments, the number of bedrooms in the townhouses or apartments and the number, size and location of car parks sold with the townhouses or apartments. Actual layout, dimensions, locations, finishes, fixtures and fittings and price of townhouses will be specified in the final contract of sale.
Jinding Master Plan
The Jinding Master Plan depicting the stages for Jinding, and the images, dimensions, sizes and areas, facilities, amenities, infrastructure, land lot, houses, townhouses and apartments, the configuration of the facilities, amenities, infrastructure and other information displayed on the Master Plan are for descriptive and illustrative purposes only.
The actual stages, facilities, amenities, infrastructure, number of land lots and townhouses and the configuration of the facilities, amenities, infrastructure, land lots, houses, townhouses and apartments at Jinding may change depending on a range of variable factors (which may be out of our control) including, but not limited to:
- council building approvals and planning consent, finance, soil test and survey results and the requirements of any government (state or local) body or any public, statutory, municipal or judicial body; and
- our feasibility studies and projections and market conditions.
Disclaimer of Liability
You agree that to the extent permitted by law neither Jinding, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site.
No claim is made as to the accuracy of the content of the Site. Jinding, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers do not accept any liability or responsibility to any person for any loss or damage, however caused (including through negligence, breach of contract or tort), which you may directly or indirectly suffer in connection with your use of this Site or any linked web site, nor does Jinding accept any liability or responsibility for any such loss or damage arising out of your use of or reliance on the information or advice contained on or accessed through this Site. The information provided on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance, suitability completeness and accuracy of its content. Jinding does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to the Site or information provided on the Site outside consumer protection laws.
Subject to claims available under consumer protection laws, neither Jinding nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:
- for any failure or interruption of the Site or resulting from the act or omission of any other party involved in making the Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Site or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us; and
- to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Site or an external web site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
Australian Consumer Warranties
If these Terms and Conditions constitutes a supply of goods or services to a consumer to which the Australian Consumer Law (ACL) applies, nothing contained in these Terms and Conditions excludes, restricts or modifies any condition, guarantee, warranty, right or remedy pursuant to which the ACL confers on you which may not be lawfully excluded (or the liability of any of our affiliates) with respect of the supply of any goods or services not ordinarily acquired for personal, domestic or household use or consumption.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- if the breach relates to goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods, or
- the repair of such goods, or
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
To the fullest extent permitted by law, Jinding is not liable for any indirect, consequential or special loss or damage and all representations, warranties or guarantees not expressly stated in these Terms and Conditions are excluded.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by you or by Jinding where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Site.
Third Party Rights
The provisions of Indemnification and the 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.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this 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. Jinding does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked Site.
Linked web sites
This Site may contain links to other Sites. Those links are provided for convenience only and may not remain current or be maintained. Where the information made available on this Site contains opinions or judgements of third parties:
- you acknowledge that any opinions or advice by third parties on this Site remain the responsibility of those third parties and Jinding is not responsible and does not guarantee the accuracy, completeness or usefulness of that content or its merchantability or fitness for any particular purpose;
- Jinding does not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and
- Jinding does not accept liability for loss or damage caused by your reliance upon any information obtained through this Site and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of any advertisements or links appearing on this Site (including hyperlinks to advertisers’ own Sites) rests solely with the advertisers or operators of those linked sites. The placement of such advertisements, information, graphics, materials, products or service referred to or contained in those linked web sites does not constitute a recommendation, approval or endorsement by us of the advertisers’ or third party’s products and each advertiser is solely responsible for any representations made, unless and to the extent stipulated to the contrary.
Security of Information
Jinding use its best endeavours to minimise viruses and bugs from infiltrating the Site and keeping information secure, however due to the nature of the internet, the Site may be affected by viruses or bugs from time to time and no data transmission over the internet can be guaranteed to be totally secure. Whilst Jinding strives to protect such information, Jinding does not warrant and cannot ensure the security of any information which you transmit to Jinding. Accordingly, any information which you transmit to Jinding is transmitted at your own risk. Nevertheless, once Jinding receives your transmission, Jinding will take reasonable steps to preserve the security of such information.
Termination of Access
These Terms and Conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Jinding accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
If Jinding waives any rights available under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
For further information or if you have any questions about our Terms and Conditions, please contact us on:
Terms and Conditions – Front Landscaping
This Front Landscaping Package offer is subject to the Home Owner completing the construction of a dwelling in accordance with the Contract of Sale, Restrictive Covenants, Development Conditions, and Design Guidelines within eighteen (18) months from date of settlement.
Before your landscape can be installed, the Home Owner must ensure that following conditions are met:
- Install a 90mm PVC stormwater pipe under driveways, offset 1m from the title boundary. This is required for the installation of irrigation pipes only;
- Ensure that the site is clean, free from rubbish, rubble, weed, and graded to final levels 30mm below surrounding hard surfaces and maintain this appearance until the landscape installation date; and
- Complete the Landscape Application Form and provide a copy of the Occupancy Permit for the property.
The timing of installation of the works will be subject to the prevailing weather conditions. Generally, no landscape installation works will be carried out in the summer months. Home owners will need to make their own arrangements for access to their properties in the intervening period between occupancy and installation of the front garden landscapes.
The landscape works included in this package are limited to:
- planting of tree, shrubs and ground covers;
The package does not include:
- concrete or paver pathways to the porch or front door
- nature strip; or
- fences & gates.
It is the responsibility of the Home Owner to ensure that front gardens and nature strips do not fall into disrepair. Front lawns and nature strips (in front of the footpath) must be maintained regularly, and garden beds kept free of weeds.
This Offer provides a choice from 4 front garden landscape designs, each with differing style and planting palettes up to a value of $5,000 AUD. The gardens are designed to suit both standard lots and corner lot types, and can be adapted to suit your individual lot orientation and house plan. The plans depict an indicative representation of each of the garden designs to show how that garden might look at maturity (i.e. 2-3 years after establishment) on a typical house. The list of plants gives the names and sizes of the range of plants for that garden design. However, because different plants have differing tolerance to sun or shade, the plant list identifies alternative species for shady conditions.
- Jinding reserves the right to amend Broadstead Kilmore Front Landscaping Package offer at any point in time;
- Jinding will nominate the landscape installer that is to provide and install Broadstead Kilmore Front Landscaping Package to your home;
- Broadstead Kilmore Front Landscaping Package offer is not redeemable for cash or any other product or services. This offer is not transferable to a third party and will become null and void should the property be on-sold to another party;
- Should the Buyer fail to request works to commence within 6 months of the date of settlement, this offer will lapse and shall not be binding;
- Jinding shall not be liable to Home Owner, under any circumstances, for the acts or omissions of the nominated installer responsible for the installation of Broadstead Kilmore Front Landscaping Package, including for any delay in completing the installation which may render this offer invalid.
- The Buyer must comply with the contract of sale
- The Buyer must claim within 6 months of Certificate of Occupancy Permit