Website terms of use
Access to and use of this Website is and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services or engaging with us, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Amendments to Terms of UseFranze Developments reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon the amended Terms of Use being published on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
WebsiteAccess to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Linked sitesThis Website may contain links to other websites (Linked Sites), which are not operated by Franze Developments. Franze Developments has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy policyOur privacy policy, which sets out how we will use your information, can be found on the home page of our website. By using this Website, you acknowledge that you have read and understood our Privacy Policy.
Prohibitions
You must not misuse this Website. You will not:
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
infringe upon the rights of us or any other person’s proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
Intellectual property, software and content The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Franze Developments or its licensors and may be protected by copyright laws and treaties around the world. All such rights are reserved by Franze Developments and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Disclaimers
(a)Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(b)Prices, specifications and details for a particular home and/or package will be set out in the specific building contract and to the fullest extent permitted by law Franze Developments hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever.
(c)You acknowledge that all drawings, layouts, dimensions and area calculations are indicative only and are subject to change whether published on this Website or otherwise and that all area sizes or measurements specified are approximate only.
This does not affect Franze Development’s liability for any matter which cannot be excluded or limited under applicable law.
IndemnityYou agree to indemnify, defend and hold harmless Franze Developments, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
InvalidityIf any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
ComplaintsWe operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this website.
