Website Terms of Use
McMaster Designer Homes Pty Ltd ACN 103 943362 (McMaster) is in the business of designing and building residential homes.
This website located at URL www.mcmasterhomes.com.au (Website) is owned and controlled by McMaster. By viewing and accessing this Website you agree to be bound by the Website Terms of Use set out below.
McMaster may change the Website Terms of Use at its sole discretion from time to time by publishing amended, updated or new Website Terms of Use on this Website. Any changes to our Website Terms of Use will take effect immediately upon publication on this website. By continuing to access and use this Website following the publication of the changes to the Website Terms of Use, you accept the Website Terms of Use as published by McMaster on this Website from time to time.
If you do not accept the Website Terms of Use published on this Website from time to time, you must cease using this Website.
Content and Copyright Ownership
McMaster is the owner of all this Website and all the content published on this Website including home designs, plans, specifications and schemes, renders and photographs and information about the McMaster home designs and building services, which is protected by copyright. (Website Content).
McMaster owns the copyright in all the Website Content in Australia and throughout the world.
You must not copy, reproduce, adapt or create a derivative work, modify, publish, communicate to the public, distribute, post, broadcast, stream or otherwise commercially use the Website Content or any parts of the Website Content, without first obtaining a licence in writing from McMaster.
Home Designs, Plans, Specifications and Schemes and Copyright Ownership
McMaster has invested in creating a range of original and unique home designs and plans with specifications and color schemes, which can be customized by McMaster to meet individual requirements, specifications and color schemes.
McMaster owns the copyright in the McMaster designs, plans, specifications and color schemes including any customized changes made at a client’s request (McMaster Home Designs).
You are not authorised or licensed by McMaster to reproduce, copy, adapt, modify or otherwise use the McMaster Home Designs or any part thereof, without the prior written agreement of McMaster.
You are not authorised or licensed by McMaster to build or construct or to have built or constructed by a third party, a new home based on the McMaster Home Designs or any reproduction, adaptation or modification of the McMaster Home Designs or of parts thereof.
You acknowledge that the breach of any of the above terms and conditions will result in loss and damage to McMaster and may result in legal action being taken by McMaster including for the recovery of such loss and damage and the associated legal costs and expenses incurred.
Trade Mark Notice
“McMaster”, “McMaster and logo” and “McMaster Designer Homes” are trade marks owned by McMaster. You cannot use the trade marks without McMaster’s prior written consent.
Access to Website and Security
Access to this Website is dependent upon uninterrupted website hosting, internet and other communication technology services supplied by third parties. Due to the nature of these services, the Website may not be accessible at all times and your use of the Website may be interrupted.
The internet is not a secure medium and communications to and from this Website may be intercepted or altered. As a consequence, email communications to and from us or information submitted to us via this Website may not be secure. In the case of commercial, sensitive and confidential information you should consider what is the most secure means of sending such information to us.
You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. To the extent permitted by law, McMaster does not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of this Website.
Limitation of Liability
To the extent permitted by law, McMaster will not be liable to you, any person or entity for any direct, indirect, special, economic or other loss or damage, expenses or costs (however caused including due to breach of contract, our negligence or any act or omission by us) which arises out of or is connected or related to the use of this Website or the use or reliance upon the content or information on this Website.
To the extent permitted by law, where a warranty or condition is implied by law into these Website Terms of Use, our liability for breach of that warranty or condition will be limited to the resupply of the information, material or services accessed from the Website.
To the extent permitted by law, our liability for a failure to comply with a consumer guarantee for the supply of services (other than services of a kind ordinarily acquired for personal, domestic or household use or consumption) under the Competition and Consumer Act 2010, Schedule 2- Australian Consumer Law, is limited to:
- supplying of the services again, or
- the payment of the costs of having the services supplied again.
Suspension or Termination of Access
Access to this Website may be suspended or terminated at any time by McMaster without notice. These Website Terms of Use will survive any such suspension or termination.
Applicable Law and Dispute Resolution
If a dispute arises regarding these Website Terms of Use, this Website and the use of this Website, the laws of Victoria and the Commonwealth of Australia, will apply.
In relation to any such dispute, the parties cannot commence court proceeding (except in the case where injunctive relief is required from a court) without first taking steps to resolve the dispute by negotiation and mediation.
Contact Details
Main Office
McMaster Designer Homes Pty Ltd10 Eastwood St
Ballarat VIC 3350
MBAV No: 3683
HIA No: 517877
Telephone: (03) 5333 3881
Email: info@mcmasterhomes.com.au
