Website Terms of Use

1 Ownership of Site and formation of Agreement

1.1 This website www.simonehomes.com.au (Site) is proudly owned and operated by Simone Homes Pty Limited (ABN 15 601 714 381) (Simone Homes).

1.2 Simone Homes is a licensed builder operating under Licence Number 279361C.

1.3 These are the terms and conditions which govern your use of the Site. Your use of the Site constitutes your acceptance of these terms and conditions and forms a legally binding agreement between Simone Homes and you.  If you do not agree with these terms and conditions you should immediately cease using the Site.

1.4 You should always check these terms and conditions of use every time you visit the Site as Simone Homes reserves the right to make changes to the Site from time to time. Amendments will become effective immediately on publication on the Site without notice to you.

2 Authority

2.1 You warrant that:

(1) you are over the age of 18;

(2) your use of the Site creates legal binding obligations for any liability you may incur as a result of using the Site; and

(3) the information you supply via the Site will be accurate and not misleading, deceptive or likely to be misled or deceive.

2.2 You indemnify Simone Homes and its officers, employees and agents against all losses, costs, damages, claims and expenses arising from any breach of these terms and conditions by you or any claim made by a third party against Simone Homes as a result of your use of the Site.

3 Use of Site by you

3.1 You must not:

(1) use another person’s personal information without permission;

(2) make any fraudulent, speculative or false enquiries, reservations or requests using the Site;

(3) tamper with, hinder the operation of or make unauthorised modifications to the Site;

(4) commit any act that may breach any laws; or

(5) knowingly permit another person to do any of the above acts.

4 Disclaimer and limitation of liability

4.1 The information Simone Homes provides on the Site is of a general nature only. You acknowledge and agree that Simone Homes is not providing professional advice and you should obtain your own independent professional or specialist advice that is appropriate to your circumstances.

4.2 Any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site is at your sole risk and Simone Homes will not be responsible or liable for any loss or damage that results from the use of the information on the Site.

4.3 Although Simone Homes takes all steps to ensure the security and integrity of the Site, you agree that Simone Homes will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from Simone Homes not being secure or virus-free.

4.4 Despite anything else contained in these terms and conditions Simone Homes will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with your use of the Site, or your reliance on any information contained or accessed through the Site, in any delay in delivery, or failure to perform any other term or condition or to call or respond to you promptly (if at all) or place any follow up calls or emails.

4.5 To the fullest extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute that impose any liability on Simone Homes are expressly excluded.

4.6 Simone Homes will have no liability to you for any loss, harm, damage, cost or expense (including legal fees), or in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of opportunity, loss of goodwill or reputation or loss of profit.

5 Variations and pricing

5.1 Please note that facade images are to be used as a guide only and may show decorative items not included in the base price for a home including but not limited to driveway, path, fencing, landscaping, timber windows, feature front entry door, coach lights, brick upgrades, spa, kitchen and bathroom upgrades, pergolas, furnishings, décor items and upgraded garage door and roof coverings.

5.2 You acknowledge and agree that:

(1) prices do not include stamp duty, legal fees, registration fees, finance costs, or any other fees, charges, adjustments and costs incurred with the purchase.  You should obtain independent professional advice in relation to all costs that you may be expected to pay;

(2) the advertised prices for homes may change as a result of variations to the inclusions or specifications required by you or any governmental or regulatory authority;

(3) final costs, dimensions, site costs and inclusions may vary from the information provided on the Site and also may be varied by Simone Homes without notice;

(4) these terms and conditions will not form part of any building contract that you may enter into with Simone Homes; and

(5) Simone Homes reserves the right to withdraw or vary any advertisement (including pricing and inclusions) at any time without notice.

6 House and Land Packages – additional terms and conditions

6.1 Unless otherwise expressly stated, each house and land package advertised by or on behalf of Simone Homes consists of land and a Simone Homes house which are sold separately.

6.2 All designs and specifications for a house are subject to final approval being obtained by the local Council and any other relevant governmental or regulatory authority.

6.3 The advertised price of a house and land package may be subject to variation due to a number of factors and reasons such as (without limitation):

(1) periodic price increases by Simone Homes;

(2) variations in the standard inclusions or specifications of the house;

(3) the requirements of any relevant governmental or regulatory authority;

(4) additional site costs;

(5) location of services within the land (example sewer locations, drainage, pits, electrical and other easements);

(6) floor plan or siting adjustments to the restrictions affecting the land; and

(7) any other matter or thing that affects pricing of the construction of the home.

Please feel free to call Simone Homes if you have any queries or questions about any of the packages which are offered.

6.4 The sale and purchase of a house is subject to the provisions of a building contract to be entered into with Simone Homes. If there is any inconsistency between these terms and conditions the Building Contract, then the Building Contract prevails.

7 Free Preliminary Tender Offer – additional terms and conditions

7.1 Simone Homes are offering a Free Preliminary Tender and Site Inspection (Preliminary Tender Offer) for people who live in selected suburbs and who are looking to build their home with Simone Homes on the terms set out in these terms and conditions. Please note that this is simply a preliminary tender and not a final one.

7.2 The Preliminary Tender Offer applies to land situated within the following suburbs: 2167 (Glenfield), 2174 (Edmondson Park), 2179 (Leppington / Austral), 2557 (Gledswood Hills / Catherine Field / Gregory Hills / Rossmore), 2558 (Eagle Vale / Eschol Park / Kerns), 2559 (Blairmount / Claymore), 2560 (St Helens Park / Ruse / Rosemeadow / Macarthur Square / Leumeah / Kentlyn / Glen Alpine / Gilead / Woodbine / Wedderburn / Airds / Ambarvale / Appin / Blair Athol / Bradbury / Campbelltown / Campbelltown North / Cataract / Englorie Park), 2563 (Menangle Park), 2564 (Macquarie Fields / Long Point / Glenquarie), 2565 (Denham Court / Bardia / Ingleburn / Macquarie Links), 2566 (Raby / St Andrews / Minto DC / Minto Heights / Bow Bowing / Minto / Varrowville), 2567 (Narellan Vale / Smeaton Grange / Narellan / Narellan DC / Harrington Park / Mount Annan / Currans Hill), 2568 (Menangle), 2569 (Douglas Park), 2570 (Camden / Brownlow Hill / Camden South / Camden Park / Bickley Vale / Belimbla Park / Grasmere / Glenmore / Mount Hunter / Kirkham / Cobbitty / Cawdor / Ellis Lane / Elderslie / Spring Farm / The Oaks / Theresa Park / Werombi / Nattai / Oakdale), 2571 (Mowbray Park / Picton / Razorback / Wilton / Balmoral / Buxton / Couridjah / Maldon), 2572 (Lakesland / Thirlmere), 2573 (Tahmoor), 2574 (Bargo / Pheasants Nest / Yanderra / Avon).

7.3 In order to take advantage of the Preliminary Tender Offer, you must:

(1) complete the online application form. This form can be found by clicking on this [link];

(2) complete the preliminary telephone consultation where a representative of Simone Homes will book you in for a consultation; and

(3) attend your tender presentation consultation at the Simone Homes Display Office, currently located at Unit 7, 6-8 Porrende Street, Narellan NSW 2567.

7.4 The Preliminary Tender Offer is only available for designs by Simone Homes.

7.5 Custom designs are not eligible for the Preliminary Tender Offer. Preliminary Tenders are available for the Simone Homes “Classic” and “Standard” inclusions only. Upgrade to “Premium” or customised inclusions can be discussed at the tender presentation appointment.

7.6 Fees may apply for land located outside of the eligible suburbs referred to above.

7.7 Simone Homes reserves the right to revoke, or not issue, a free Preliminary Tender at its absolute discretion with or without giving any reason to you.

7.8 Neither party will be bound and Simone Homes will have no liability until such time that building contracts are formally exchanged between you and Simone Homes.

8 Errors

8.1 The Site displays a wide variety of information. Although Simone Homes uses it best endeavours to ensure that the information on its Site is correct there may be times where errors or omissions have unfortunately been made.

8.2 Simone Homes reserves its right to correct any such errors or omissions without any claim being made against it.

8.3 Simone Homes reserves the rights to revise any plans or specifications and use alternative suppliers.

9 Copyright and intellectual property

9.1 The contents of the Site (including all photographs, images, designs, plans, videos, text, illustrations and other items) is Simone Homes’ intellectual property and subject to copyright under the Copyright Act 1968 (Cth) and any other relevant law. The Site also includes registered and unregistered trade marks that are owned by Simone Homes.

9.2 Except for the purpose of viewing, printing and accessing the Site for your own personal use, you must not copy, use, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without Simone Homes’ written consent. The most common way Simone Homes authorises use of part of the intellectual property owned by it is through signing a building contract.

9.3 If you know, or believe that the intellectual property rights of Simone Homes have been infringed by a third party, please call or email us.

10 Third party sites/hyperlinks

10.1 Simone Homes makes no representation about, and assumes no responsibility for, any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by Simone Homes of that website or the products and services being offered through that website.

10.2 You agree that Simone Homes will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by Simone Homes.

10.3 Linking to the Site is not permitted without Simon Homes express written consent.

11 Complaints

Simone Homes takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly.  If you have any complaints or issues please contact Simone Homes as soon as possible.

12 Accounts and use of Site

12.1 This section applies only if Simone Homes allows you to create an account through the Site.

12.2 You must not:

(1) use another person’s personal information, including name, date of birth, address, email address, login details or password without permission;

(2) make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;

(3) tamper with, hinder the operation of or make unauthorised modifications to the Site;

(4) commit any act that may breach any laws; or

(5) knowingly permit another person to do any of the above acts.

12.3 If you are provided with information including user name and password to access your Simone Homes account, you must keep that information strictly confidential, and you must not disclose it to any other person, or permit another person from accessing the your account.

13 General provisions

13.1 Simone Homes may at any time, assign any of its rights or transfer by novation any of its rights and obligations under these terms and conditions to any person or persons by providing notice to you. You cannot assign or transfer your obligations under these terms and conditions without prior written consent of Simone Homes.

13.2 No delay or failure by Simone Homes to enforce its rights or to do anything is to be taken as a waiver of that right.  A waiver can only be undertaken where an authorised representative of Simone Homes signs any such waiver.

13.3 These terms and conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.