Terms and Conditions

Thank you for visiting omaxehomes.com.au. These Terms and Conditions govern your use of our website and the services we provide through it. By accessing or using our website, you agree to be bound by these terms, which together with our Privacy Statement form the complete agreement between you and Omaxe Homes.

1. Definitions

In these Terms and Conditions:

• "Omaxe," "we," "us," or "our" refers to Omaxe Homes Pty Ltd and its subsidiaries
• "Website" refers to omaxehomes.com.au and all associated web pages
• "You" or "your" refers to the individual accessing or using our Website
• "Content" refers to all information, text, images, data, designs, graphics, floor plans, videos, and other materials displayed on or accessible through the Website

2. Acceptance of Terms

By accessing and using the Omaxe Homes Website:

• You acknowledge that you have read and understood these Terms and Conditions
• You agree to be bound by these Terms and Conditions
• You confirm that you are at least 18 years of age or accessing the Website under the supervision of a parent or legal guardian

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website following any changes constitutes acceptance of those changes.

3. Intellectual Property Rights

3.1 Ownership

All Content on this Website, including but not limited to home designs, floor plans, text, graphics, logos, images, and software, is the property of Omaxe Homes or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

3.2 Permitted Use

You may view, download, and print Content from the Website for your personal, non-commercial use, provided that:

• You do not remove any copyright or other proprietary notices
• You do not modify the Content
• You do not reproduce, publish, transmit, distribute, display, or create derivative works from the Content

3.3 Prohibited Use

You may not, without our express written permission:

• Use our Content for commercial purposes
• Reproduce or copy our home designs
• Distribute our floor plans or design materials
• Use any data mining, robots, or similar data gathering and extraction methods
• Frame or mirror any part of the Website

4. User Conduct

When using our Website, you agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Submit false or misleading information
• Upload or transmit viruses or malicious code
• Attempt to gain unauthorised access to secured portions of the Website
• Interfere with the proper working of the Website
• Engage in any activity that could disable, overburden, or impair the Website

5. Home Designs and Images

5.1 Accuracy

While we strive for accuracy, the home designs, floor plans, and images on our Website are for illustrative purposes only. They may include optional features, furnishings, and finishes that are not included in standard packages. Colours may appear different on-screen than in reality.

5.2 Changes

Omaxe Homes reserves the right to make changes to designs, specifications, inclusions, and pricing without notice. Please confirm all details with an Omaxe consultant before making any decisions.

5.3 Copyright

All home designs displayed on our Website are the exclusive intellectual property of Omaxe Homes. Reproduction, adaptation, or modification without express written permission is strictly prohibited.

6. Pricing and Information

6.1 Accuracy

While we make every effort to ensure that information on our Website is accurate and up-to-date, we do not warrant the accuracy, completeness, or suitability of the information for any particular purpose.

6.2 Pricing

All pricing displayed on the Website is:

• In Australian Dollars (AUD) unless otherwise specified
• Subject to change without notice
• Exclusive of site costs unless otherwise specified
• Based on standard inclusions and may not reflect customisations

6.3 Offers

Special offers displayed on the Website:

• May be subject to specific terms and conditions
• May be limited by time or availability
• Cannot be used in conjunction with other offers unless specified

7. Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Omaxe Homes. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Omaxe Homes shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

8. Privacy

Your privacy is important to us. Please review our Privacy Statement, which explains how we collect, use, and protect your personal information.

9. Disclaimer and Limitation of Liability

9.1 Warranty Disclaimer

The Website and all Content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Limitation of Liability

To the maximum extent permitted by law, Omaxe Homes shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or inability to access or use, the Website or any Content.

9.3 Indemnification

You agree to indemnify, defend, and hold harmless Omaxe Homes, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your use of the Website.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within State of Victoria for the resolution of any disputes.

11. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.

13. Entire Agreement

These Terms and Conditions, together with our Privacy Statement, constitute the entire agreement between you and Omaxe Homes regarding your use of the Website and supersede all prior and contemporaneous agreements, representations, and understandings.

13. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:
Omaxe Homes
Email: legal@omaxehomes.com.au
Phone: 1300 066 293

Last updated: March 6, 2025