1. General
   
   1. The Eight Homes website hosted at https://www.8homes.com.au/ and related subdomains (Website) is provided to you by Eight Homes Pty Ltd and its related entities (Eight Homes, we, us, our). These website terms of use (Terms) apply to your use of the Website even if you are just browsing, so it’s important that you read and understand them. If you do not agree to these Terms, then you must not use or access the Website.
   2. Your use of the Website is also governed by our privacy policy, available at https://www.8homes.com.au/tcs/privacy-policy/ (Privacy Policy), and any instructions or restrictions of use notified by us to you from time to time (through the Website or otherwise).
   3. We reserve the right to update the Website and change these Terms from time to time, at our discretion. Any amended Terms will apply to your use of the Website from the date on which they are published by us and made available via the Website. It is your responsibility to review our Website regularly and make sure you keep up to date with any updates / changes to the Terms. Your continued use of the Website following publishing of any updated version of these Terms means that you accept and agree to the updated version.
2. Your use of the website
   1. The Website is for your personal use. You are free to simply browse the Website to learn more about us and what we do. You should carefully consider whether the Website and the products and service we provide are suitable for your needs and seek independent advice if you need it.
   2. You must not:
      1. use the Website in any way that is misleading, fraudulent or unlawful, or to cause nuisance, annoyance or inconvenience to any other person;
      2. interrupt or attempt to interrupt the operation of the Website in any way;
      3. transfer or sell any information, functionality or products or services offered on the Website, or represent that you are entitled to do so;
      4. track or monitor any content, user or Website functionality without our authorisation; or
      5. use any robot, spider, scraper or other automated measures to access or use the Website, circumvent any technical measures we use to provide the Website, or cause harm to us.
   3. If we believe that you have not complied with these Terms at any time, we may immediately cancel or terminate your access to this Website, or restrict your use of the Website and you agree that we may do so without prior notice to you and without liability to you or anyone else.
3. Account management
   1. If you wish to use certain features or aspects of the Website, you may first be required to create an account. In order to register for an account, you must be at least 18 years of age.
   2. If you do register and create an account, you must ensure that your registration details are true and accurate, and you agree to update your account information when required or when requested. You must not have more than one account.
   3. It is your responsibility to keep your account details confidential and you must not provide the details of your logins or password to any other person. If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to change your password and notify us by sending an email to enquiry@8homes.com.au
   4. If at any time we believe you have not complied with these Terms, we may, without prior notice and without liability to you or anyone else, immediately remove, cancel, terminate or suspend access to your registered user account, or otherwise restrict your access to the Website.
   5. You may elect to cancel or close your account at any time by logging into your account and following the prompts. Alternatively, you may contact us at enquiry@8homes.com.au for assistance.
4. Our content
   1. The Website (and everything on the Website) is either owned by us or is licensed to us. This includes the design, compilation and look and feel of the Website, all copyright, trademarks, designs and other intellectual property on the Website. We also own the trademarks, logos and trade names displayed on the Website (unless otherwise stated).
   2. You must not modify, copy, reproduce, transmit, distribute, publish or licence any of our content, or use any of our intellectual property in any way not expressly stated in these Terms (or otherwise allowed by law).
   3. Please note that all photos, videos, pictures, illustrations and floor plans on the Website are intended as approximate representations only. Note also that photos and illustrations may depict items that are not offered or provided by us, such as swimming pools, plantar boxes, fencing, water features and decking. Images may also depict upgraded items such as fixtures, finishes and fittings which are not included as part of the cost of a standard floorplan.
5. Our responsibilities
   1. We use all reasonable endeavours to provide current and accurate information on the Website. However, things do change from time to time, and so we may need to correct statements and representations made on the Website.
   2. Any prices shown on the Website are in Australian dollars (inclusive of GST) unless otherwise specified. Prices are current at the time of publication and are subject to change at any time without notice. Please note that base prices are based on standard floorplans with S1 façade unless otherwise specified. Note also that house and land package prices may assume that buyers are eligible for the Victorian Government’s First Home Owner Grant of $10,000. It is your responsibility to determine whether you are eligible for the First Home Owner Grant. Please see the State Revenue Office website at sro.vic.gov.au for further information regarding the First Home Owner Grant and other exemptions, concessions and reductions for eligible home buyers.
6. Disclaimer
   1. We will use reasonable endeavours to ensure that the Website is available 24 hours a day, seven days a week. However, sometimes the Website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give notice before any planned outages and keep interruptions to a minimum, but we are not responsible for any delay, loss or other damage you may suffer as a result of any error or interruption in accessing or using the Website.
   2. We do not represent or warrant that:
      1. any content or information on the Website (including any prices) is accurate, complete, reliable, current, or error-free;
      2. the Website will be continuously available or that your use of it will be uninterrupted (including as a result of interference or prevention of access to the Website due to the operation of any telecommunications network, computer network and/or the internet);
      3. any information (or messages) transmitted via the Website will be transmitted accurately, reliably, in a timely manner or at all;
      4. the Website will be error free or free from viruses or anything else which may have a harmful effect, or that any defects will be corrected;
      5. the Website will be accessible on your equipment and/or systems; or
      6. the Website will meet your needs
   3. If you experience any problems with the Website, you can contact us at enquiry@8homes.com.au.
   4. We will use our reasonable endeavours to resolve any problems and/or offer any assistance as soon as practicable.
   5. You acknowledge that access to and use of the Website requires internet connectivity and data. We are not responsible for any costs you incur as a result of accessing or using the Website.
7. Liability and indemnity
   1. To the maximum extent permitted by law:
      1. except as otherwise expressly set out in these Terms, all express or implied guarantees, warranties or representation relating to the Website are excluded; and
      2. the Website is provided on an “as is” basis.
   2. Nothing in these Terms limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Consumer and Competition Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees).
   3. Except for any liability that cannot by law be excluded (including the Non-Excludable Guarantees), we exclude all liability for any loss or damage, whether direct, indirect, special or consequential, arising in any way out of or in connection with use of the Website, however caused.
   4. Our maximum liability to you for any matter which cannot otherwise be excluded in accordance with these Terms is AUD$10.00.
   5. You acknowledge and agree that you are liable and solely responsible for:
      1. your use (or misuse) of the Website;
      2. your breach of anyone else’s intellectual property rights; and
      3. your breach of these Terms or any applicable law.
   6. You agree to indemnify us from and against any and all claims, liabilities, costs, expenses (including legal costs on a full indemnity basis) or losses suffered or incurred by us which arise in any way from any of the matters set out in paragraph 7.5 above.
   7. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
8. Use of cookies
   1. The Website uses cookie technology in order to provide information and services to visitors to the Website, and to assist in the proper functioning of the Website. In general terms, a ‘cookie’ is a small text file that a website sends to your device to uniquely identify or store information in your browser. Most web browsers are set to accept cookies. The information gathered by cookies allows us to analyse the usage of our Website, provide further context around the visitors to our Website and the content accessed. In addition, cookies allow us to display relevant content on our Website and enhance users’ experience of the Website by remembering user preferences and search queries.
   2. If you do not wish to receive any cookies, you may set your browser to refuse cookies however, by disabling or blocking cookies, some features of the Website may not operate as intended, or users may not have access to certain features or personalisation available through our Website.
9. Links To Other Sites and Third Party Content
   1. The Website may contain advertisements or links to third party apps, sites, or resources (together Other Sites). The Website may also display, include or make available content, data, information advice, opinions or materials from third parties (Third Party Content).
   2. You acknowledge and agree that:
      1. we have no control over and do not accept or assume any responsibility for Other Sites or for the contents, products or services of Other Sites (including without limitation social networking sites), and we accept no responsibility for any liability, loss, damage, expense or cost that may arise from your use of them;
      2. we do not guarantee the accuracy, reliability, currency, correctness or completeness of any Third Party Content;
      3. where Third Party Content contains opinions or advice of third parties, we do not purport to endorse the contents of that opinion or advice, nor the accuracy or reliability of that opinion or advice; and
      4. if you decide to access any Other Sites or rely on any Third Party Content, you do so entirely at your own risk.
   3. You are not permitted, without our prior written consent, to frame, deep link, mirror or retransmit any part of the Website or its content or quote or use whole or part of the Website or its content in a third party website. If you are interested in linking to our Website, please contact us at enquiry@8homes.com.au.
10. Privacy
    1. We are committed to protecting the privacy of the personal information you provide to us through the Website. Any personal information submitted through the Website by you is subject to our privacy policy which is available at https://www.8homes.com.au/privacy/ Our Privacy Policy is incorporated into and forms part of these Terms.
    2. By accessing and using the Website, you consent to us collecting, storing and using your personal information in accordance with our Privacy Policy. If you do not agree to this then you should cease use of the Website
11. Feedback
    1. Any questions, feedback, suggestions or other information regarding the Website provided by you to us (Feedback) are non-confidential and become our sole property. We will own exclusive rights, including all intellectual property rights, in any Feedback and will be entitled to use the Feedback for any lawful purpose without acknowledgement or compensation to you.
12. General
    1. These Terms constitute the entire agreement between you and Eight Homes with respect to your use of the Website.
    2. These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australian and any courts which may hear appeals from those courts.
    3. Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute a waiver.
    4. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without providing you notice or obtaining your consent. In such circumstances, we may transfer or assign your personal information as provided by you to us, subject to the terms of our Privacy Policy.
13. Billboards & Garage Advertising
    1. Prices are for standard Affordable 8 floorplans and facades, any modification will incur an additional fee. Ask your Sales Consultant for a copy for the specification. The single storey price is based on the standard a ONE and the double storey is based on the standard a SEVEN.
14. COLORBOND® Promotion
    1. The promoter is Eight Homes Pty Ltd ABN 87 100 090 560, Address Level 1, 90 Maribyrnong Street, Footscray 3011 VIC Australia.
    2. Participants must select offer and pay the first instalment fee of $888 and complete the sales process in accordance with the preliminary agreement provided by Eight Homes between 1st July 2024 - 30th September 2024.
    3. This promotion is valid for Victorian residents who enter a building contract with the Eight Homes to build a new home in the state of Victoria or an existing client before or currently at the pre-construction stage.
    4. This promotion is for a participant to elect to upgrade to a roof made of COLORBOND® steel.
    5. This promotion is only valid for standard floorplans and is available to all single and double storey homes. Any modification to the floorplan will incur an additional cost.
    6. This promotion cannot only be used with any other running promotions.
    7. Upgrade is to a roof made from COLORBOND®steel. Not valid for COLORBOND® steel Matt, COLORBOND® Ultra steel or SUPERDURA® stainless steel, where additional charges may apply.
    8. This promotion can be withdrawn at any time by Eight Homes.
    9. This promotion is not changeable or redeemable for cash.
    10. Extra charges may apply for changes during colour selection prior to contracts being signed. The price of the roof does not include any Six Star Energy requirements or additional developer requirements. Colours for the roof made from COLORBOND® steel must be selected in accordance to developer guidelines.
    11. COLORBOND® steel is a registered trademark of BlueScope Steel Limited, ABN 16 000 011 058. All rights reserved. This promotion is administered by Eight Homes, and not BlueScope Steel Limited. To the maximum extent permitted by law, BlueScope Steel Limited is not responsible nor liable for the administration of this promotion and you should direct any questions regarding this promotion to Eight Homes. Builders Registration# CDB-U: 18864

Last updated: July 2024