Terms and Conditions

1. Ownership of Website
   • This Website is owned and operated by DFC (Woodstock) Pty Ltd.
   • In these terms and conditions (Website Terms), the expressions 'we', 'us' and 'our' are a reference to DFC (Woodstock) Pty Ltd and includes its related entities.
2. Use of Website
   • The Website Terms apply to your use of this website. In using this website or by proceeding beyond the homepage, you agree to be bound by the Website Terms. If you do not accept the Website Terms, you must refrain from using this website.
   • We may amend the Website Terms as necessary. Amendments will be effective immediately upon publication on this website. Your continued use of this website following such publication will be regarded as your acceptance of the Website Terms as amended.
   • In addition to these Website Terms there may also be specific and additional terms that apply to certain sections of the Website. Please review those specific and additional terms whenever they appear. In the event of any inconsistency between those specific and additional terms and these Website Terms, the specific and additional provisions will prevail.
3. User Conduct
   • You may use this Website only for your personal and non-commercial lawful purposes unless we otherwise agree in writing. You may not, without our written permission, make commercial use of the information obtained from the Website.
   • You are responsible for all of your activities in connection with accessing and using the Website. Any abusive, fraudulent or otherwise illegal or tortious activity may be grounds for termination of your access to the Website. You may not post or transmit any material or communication intended to obtain personal data from any Website user. You must not disrupt or interfere with the Website or any related services, systems or networks. You must respect other users’ privacy and not interfere with their use or enjoyment of the Website. You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website.
   • You agree to indemnify and hold us and our related entities harmless from any claim, action, demand, loss or damages incurred by any third party arising out of or relating to your conduct on this Website (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Website Terms, or your breach of any rights of third parties.
4. Linked Websites
   • This Website may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites, and you acknowledge and agree that we have no control over and do not monitor third party websites.
   • Unless expressed otherwise in this Website, our links to linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.
   • If you hyperlink to this Website you must:
 a. obtain our consent; :
 b. not hyperlink to any part of this website other than the ‘www.peppercornhill.com.au home page; 
c. attribute us as the original source of the hyperlink; and
 d. comply with all privacy, intellectual property and all other applicable laws.
5. Security of Information
   • Data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. Acknowledgements
   • Content on this Website contains general information about our products and services. Unless otherwise stated, such content does not:
     • constitute an offer or inducement to enter into a legally binding contract;
     • form part of the terms and conditions for our products and services;
     • purport to provide you with personal financial or investment advice of any kind; or
     • take account of your particular financial position or requirements.
   • The advertisement of our land packages and house and land packages, including house and land packages available in conjunction with third parties, does not constitute an offer for sale or any kind of guarantee that the particular land packages and house and land packages advertised on this website will be offered for sale or will be offered for sale at the location, on the terms and for the prices advertised on this Website.
   • The fact that information is accessible through this Website is not a recommendation by us of the merits, or a guarantee of the performance, of any of our land packages or our house and land packages.
   • We derive the information on this Website from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
   • It remains your responsibility to evaluate the accuracy, completeness and usefulness of any information obtained from this website. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on this Website.
   • You acknowledge that where the information made available on this Website contains opinions or judgements of third parties, are third party advertisements or links to third party advertisements:
 a. any opinions or advice by third parties on the website remain the responsibility of those third parties; 
b. we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice;
 c. responsibility for the content of any advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers;
 d. each advertiser is solely responsible for any representations made in connection with its advertisement; and
 e. we do not accept liability for loss or damage caused by your reliance upon any information made available on this Website or linked websites by third parties including any judgments, opinions or advertisements made by third parties.
   • You should make your own inquiries and seek independent advice from relevant professionals before acting on any information or material contained on our website.
7. Disclaimer
   • The contents of this Website are provided on an “as is” and “as available” basis. We do not warrant that the information is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the fullest extent permitted by law we disclaim all warranties, express or implied, including warranties of fitness, merchantability, availability of goods or services, or non-infringement.
   • We do not accept any responsibility for any loss or damage, however caused which you may directly or indirectly suffer in connection with your use of the Website, its contents or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website including any information made available on this website or linked websites hosted by third parties.
   • We do not accept liability for any failure on our part to comply with these Website Terms where such failure is due to circumstances beyond our reasonable control.
8. Limitation of Liability
   • Under the Australian Consumer Law (ACL), certain consumer guarantees may apply in respect of this website. Nothing in the Website Terms should be interpreted as attempting to exclude these consumer guarantees or limit our liability for breaching the guarantees.
   • Subject to the applicable consumer guarantees, and to the extent permitted by law, we exclude any condition, guarantee or warranty which would otherwise be implied into the Website Terms.
   • If you make a claim against us regarding the products or services we provide on this Website:
 a. in respect of any breach or alleged breach by us of the consumer guarantees and the relevant products or services are not a kind ordinarily acquired for personal, domestic or household use; or 
b. in respect of any cause of action other than a breach of the ACL (including without limitation, for breach of contract or negligence by us),
     to the extent permitted by law, our liability will be limited, at our discretion, to:
 c. if the breach relates to goods – the replacement of the goods, the repair of the goods, the payment of the cost of repairing the goods, or the supply of equivalent goods; and
 d. if the breach relates to services – the supplying of the services again, or the payment of the cost of having the services supplied again.
   • Any exclusion or limitation of liability set out in the Website Terms or on this website does not attempt to purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded. We otherwise expressly disclaim and exclude, to the full extent permitted by law, any liabilities imposed on us or implied into these Website Terms under any law whether in contract, tort including negligence, statute or otherwise.
9. Intellectual Property
   • We own, or are licensed to use, all the intellectual property rights (including copyright and trade mark rights) subsisting in or relating to all information, text, content, materials, graphics, logos, icons, sound recordings, software, and source code on this Website.
   • Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except expressly authorised by the Website Terms, you may not in any form or by any means:
 a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
 b. otherwise commercialise any information, products or services, obtained from any part of this Website, without our written permission, or in the case of third party material, from the owner of the intellectual property rights in the third party material.
10. Errors and Defects
    • We do not guarantee that this Website will be free from errors or viruses, or that access to this Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of this Website.
    • Whilst we endeavour to keep this website up to date and accurate, we cannot guarantee that the information on this website will be up to date or accurate.
11. Privacy
    • The Website Terms must be read in conjunction with our privacy policy. You agree that we may handle your personal information in accordance with our privacy policy as amended from time to time.
12. General
    • You must not assign your rights under the Website Terms without our prior written consent.
    • We do not waive, and no action of ours can be construed as waiving, any rights available to us under the Website Terms.
    • The terms and conditions set out in this document are severable. Where a term or condition is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall continue to apply.
13. Termination of Access
    • Access to this Website may be terminated at any time by us without notice. In the event of termination, all provisions of these Website Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, disclaimers, indemnities, limitations of liability, acknowledgments and intellectual property provisions.
14. Jurisdiction
    • These Website Terms are governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Courts of Victoria, Australia
15. House and Land Packages - Description and Prices
    • Illustrations, photographs and images displayed on this website are for illustrative purposes only and:
 a. may include options and upgrades that are available at an additional cost;
 b. may include items, such as landscaping and gardens, driveway, paving, decking, fencing and fittings not supplied by the builder.
 c. may not comply with developer guidelines, including the Peppercorn Hill Design Guidelines, unless varied accordingly. Please consult your home builder for further information and guidance.
    • Floor plans, sizes and areas depicted on this website are for illustrative purposes only. Floor plans may not reflect developer guidelines. Please consult your home builder for further information and guidance.
    • Lot widths and sizes, and any other measurements stated are estimates only and to be used as a guide only. These may change due to developer and council requirements.
    • All list prices are based on the standard façade without any upgrades, inclusions and options, unless otherwise stated.
    • House and land packages, as shown on the website, are only available for the specified lot and home advertised and is only available until sold. Prices shown are subject to final contract and any variation as set out in these terms and conditions.
    • Final designs, inclusions, and options included in package:
 a. may change from the information provided on the website;
 b. may be varied by the builder without notice;
 c. will be set out in the specific building contract.
    • Prices published:
 a. are correct as at the time of publishing but may change without notice after the date of printing;
 b. do not include stamp duty, legal fees or any other costs incurred in connection with the purchase.
    • Final package prices depend upon a range of factors outside the developer’s control including council building and planning approvals, finance, soil testing and survey results of the specified lot, and the plan, specifications, upgrades, inclusions and options selected.
    • House and land packages are subject to:
 a. developer approval; and
 b. land availability which may change at any time without notice.

Signature Street Front Landscape - Terms & Conditions

Free landscaping and 12 months garden maintenance is available to eligible purchasers of lots at Woodlands at Peppercorn Hill subject to the Terms and Conditions of this Offer.

1. The dwelling, driveway, pathways and preparatory works must be completed in accordance with the laws, contract of sale, building plans approved by the Design Panel title restrictions, Woodlands at Peppercorn Hill Design Guidelines, and this Offer. The preparatory works that must be completed before landscaping works can commence include:

• installation of a 90 millimetre PVC pipe under the driveway, to enable future irrigation connection/s;

• the provision of the occupancy permit for the dwelling house to the Design Panel;

• the removal of all rubbish, rubble, weeds and vegetation from where landscaping is to be installed;

• the provision of a suitable grade across all areas where landscaping is to be installed and the completion of compliant retaining walls;

• such other works the Developer reasonably requires for the lot in order to facilitate the proper installation of the landscaping.

2. Selection of the preferred garden design from the options available to the Purchaser must be made by completing and submitting the Signature Street Front Landscape application form and checklist along with the Occupancy Permit to the Design Panel.

3. On completion of preparatory works, the Purchaser must notify the Developer in writing so the Developer can make arrangements to inspect the lot to assess the state of the preparatory works.

4. If the Developer considers that the preparatory works have not been completed (acting reasonably) to the extent of meeting the requirements of this Offer or to the extent of enabling the landscaping to be satisfactorily installed, the Developer can request that further works be carried out and completed before the landscaping works commence.

5. Where the preparatory works have been completed to the reasonable satisfaction of the Developer and the Purchaser has made a written selection of its preferred garden design, the Developer will arrange for the landscaping works to be undertaken. Generally, the landscaping works will be completed within 60 days of the Developer having confirmed that the preparatory works have been completed to its satisfaction. However, the Developer reserves the right to undertake landscaping works at times that the Developer considers the garden will have a reasonable likelihood of survival.

6. The Purchaser must ensure that the Developer and/or the Developer’s contractors have access to the lot in order to carry out and complete the landscaping works. On the completion of the landscaping works, the Purchaser must allow the Developer and/or Developer’s contractors to have access to the lot in order to carry out the necessary maintenance works over the period of 12 months from the completion of the landscaping works. The Developer is not liable for any delay or failure to complete the landscaping works or maintenance works or any damage to the extent those delays or failure to commence or complete those works or damage was caused by or contributed to by the Purchaser or its tenants, occupants, invitees and guests.

7. The Developer reserves the right to modify the garden design selected by the Purchaser to suit the Lot or where there are constraints that impact the installation of the selected garden design, so long as the changes achieve the design intent of the selected garden design.

8. Where the Developer considers that the selected garden design cannot be satisfactorily installed on the lot due to site or weather conditions, the Developer will contact the Purchaser to choose alternative garden design.

9. The Purchaser acknowledges that the security barriers may be erected on the lot when the landscaping works are underway, and the Purchaser agrees that the Purchaser will not move, remove, alter, damage or deface those barriers. The Purchaser agrees to, and agrees to ensure that its tenants, occupants, invitees and guests, comply with any occupational health and safety directives issued by the Developer and/or the Developer’s contractors while the landscaping works are underway.

10. Where there is a breach of laws, contract, Woodlands at Peppercorn Hill Design Guidelines, title restrictions and/or occupational health and safety directives by the Purchaser or its tenants, occupants, invitees or guests, the Developer reserves the right to delay the commencement of landscaping works or withhold the provision of the works until such time the Purchaser has rectified the breach. Unless indicated otherwise, this offer is only available to the Purchaser named in the contract and may not be used in conjunction with any other offers made by the Developer.

Note:

In this Offer: Developer means DF (Woodstock) Pty Ltd and its successors and permitted assigns from time to time.

Landscaping works mean works to install trees, shrubs, ground cover, garden beds, edging to garden beds, paving or granitic gravel surfaces, letterbox and turf to the lot as nominated in the selected garden design (or alternative garden design, where applicable). It does not include the installation of fencing, retaining or sleeper or feature walls, screens, gates, irrigation piping tank or system, lights, and decorative elements or structure.

Maintenance works mean works to maintain the standard of landscaping installed by the Developer to the standard that existed at the time of installation and includes pruning, weeding, mulching, and shaping of the landscaping elements provided by the Developer. It does not include works involved in the maintenance of landscaping elements provided by, or the rectification of any damage caused by, the Purchaser or its tenants, invitees, occupants or guests.