Site photos must be Hi Res and show the context( immediate area around ).

By using the website you agree to these terms and conditions.

Copyright

All copyright and other intellectual property contained on the website is owned by or licensed to SEACHANGE. The information contained on this website may be used for your personal reference only. Information on this website may not otherwise be reproduced, distributed, or transmitted to any other person or entity, or in any way reproduced in any other form.

Third party sites

SEACHANGE may provide links to third party websites, but is not responsible for the condition or the content of any of those sites. You access those sites and use their products and services solely at your own risk.

Information on this site

We have taken all reasonable care in producing the website, but information on the website may not be accurate, complete or up to date.

Some information on the website may be provided by other persons and we are not responsible for the content of that information.

Product details, costs, terms, conditions and other information are subject to change at any time without notice.

Information on the website is not intended to be financial, legal or any other advice, or a product recommendation, and does not take into account the financial circumstances or objectives of any particular individual. You should seek appropriate professional advice before acting on any information on this site, from our staff, agents, consultants or our third party providers.

Liability

To the extent permitted by law, we are not liable to any person in relation to use of the website, and you waive all claims against us in relation to your use of the website.

We do not warrant that the website will always be accessible and we do not warrant that the website is free from anything that may damage any device used to access the website.

You indemnify SEACHANGE, its agents, successors at law  and its employees for any breach of these terms.

Security

If you have a SEACHANGE webpage or account and password, you are responsible for maintaining the security of your password and account information. SEACHANGE is not liable for any damages or breaches of privacy arising from your failure to take appropriate security measures.

Privacy

Please read the following paragraphs for information how and why we collect, use and disclose your personal information.

Complaints

If you have a complaint or dispute in relation to the website, please contact us using our contact details published on the website [email protected]

PRIVACY Introduction 

SEACHANGEHOMES.com.au (we, us or our) respects all customers, third parties, suppliers and visitors (you, your or yours) privacy and is committed to protecting your personal information. The Privacy Act 1988 (Cth) (Privacy Act) defines personal information as information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not (personal information).

This Privacy Policy applies to all personal information collected by us, or submitted to us, whether offline or online, including information collected in connection with an application for credit or any other service we provide, or any personal information received by us from a credit reporting body from credit information held about you bearing on your credit worthiness (credit reporting information), or information about you such as your repayment history, the type and amount of credit provided to you, default and payment information, personal insolvency, court proceedings and any other publicly available information that relates to your credit worthiness (credit information) (collectively, credit information and credit reporting information, the credit-related information), or information submitted by you through our website, platforms and any mobile sites (Websites), applications, widgets and other mobile interactive features (collectively, our Apps), or through our official social media pages that we control (our Social Media Pages) as well as through HTML-formatted email messages that we send to you (collectively, including the Social Media Pages, Apps and Websites, the Sites).

This Privacy Policy describes how we deal with information we collect and demonstrates our commitment to the protection of your privacy. By making an application for credit or any other service we provide, visiting the Sites and otherwise providing personal information to us, you are accepting and consenting to the practices described in this Privacy Policy. If you do not agree with any of the terms of this Privacy Policy, please do not use the Sites or submit any personal information to us.

Any personal or credit-related information we collect about you will only be used for the purposes we have collected it for or as allowed under applicable law, including the Privacy Act. We comply with the Australian Privacy Principles for the protection of personal information, as set out in the Privacy Act and comply with the Credit Reporting Code made under the Privacy Act (credit reporting code).

What Kinds of Personal Information Do We Collect and Hold ?

We collect personal information from you for the purposes of dealing with you and in assisting us to arrange for the products and services you request to be provided to you. We may also collect your personal information for the purposes of direct marketing and managing our relationship with you. This may also entail collecting credit-related information where you decide to apply for credit.

The personal information we collect and hold may include your contact details, such as your name, address, telephone numbers and email address, your personal details, such as date of birth, your employment information, residential status and information about your financial position, including your income, expenses, savings and assets and any (other) credit arrangements, your reasons and objectives for applying for a product or service and where required other details such as the ages and number of your dependants, the length of time you have lived at your current address, and other information we consider relevant to assessment of your application for credit or any other service we provide. We also hold all records of your communications and other interactions with us.

The credit-related information we collect about you and hold includes details of credit applied for and details of the type and amount of credit granted, the fact that credit provided to you has been repaid, whether or not you have made payments on time, default information, being payments overdue for at least 60 days and for which collection action has started, information about your credit worthiness, details of any new arrangements made with you, court proceedings and person insolvency information, and if in you have committed a serious credit infringement.

We may collect and hold identification and transaction information about you for the purpose of our compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2008 (Cth). Your identity information may be verified with the issuer or official record holder. In certain cases we collect your personal information from third parties, such as credit reporting agencies, your nominated representative (such as a legal or financial adviser), your employer, or publicly available sources of information.

How We Collect Your Personal Information

We collect personal information about you when it is reasonably necessary for one or more of our activities or functions. This personal information is collected in a number of ways, including through the Sites. For example, we may:

• collect personal information from the Sites, such as when you visit, use or register on our Websites, Apps or Social Media Pages;
• collect personal information from you when you contact, do business or interact with us by phone or email;
• receive your personal or credit-related information from other sources, such as public databases, acquired contact lists, professional and other credit bodies (for example under reciprocal arrangements), your employer, regulators and government and statutory bodies; or
• ask a credit reporting body for your credit report if you apply for credit.

If We Do Not Collect Your Personal Information

The provision of your personal information is voluntary. However, if you cannot, or will not, provide us with the personal or credit-related information we reasonably require, we may not be able to confirm your identify, assess your application for a product or service, manage our relationship with you, contact you or otherwise interact with you, perform our statutory functions, or provide you with some or all of our credit products and services.

How We Use Your Personal Information

We will not collect or use your personal information (or credit-related information) unless it is lawful for us to do so. We collect and use personal and credit-related information for the following purposes:

• considering any application made by you for products or services offered by us, including credit and other services and applications;
• to those involved in maintaining, reviewing and developing our business systems, procedures and infrastructure;
• to our partners in financial transactions, including financial institutions, merchants and payment organisations;
• to credit and fraud reporting agencies, debt collection agencies, and organisations involved in our normal business practices;
• fulfilling orders or requests for information, products or services (with your consent, if required);
• fulfilling our role as a credit provider, including maintaining customer records, providing information on our services, products and benefits;
• for promotional and marketing purposes, including communicating information about our products and services (with your consent, if required);
• for the purpose of referral or lead selling (with your consent, if required);
• monitoring, moderating and improving our Sites;
• conducting, managing and reporting on quality assurance reviews and audits;
• managing complaints;
• providing information to Australian regulators, government and statutory bodies;
• providing products and services, or information relating to such products and services (with your consent, if required);
• assessing or improving our products and services, as well as for training and quality purposes, including building profiles, monitoring, recording and analysing online interactions and communications between you and us; and
• providing information to third parties as authorised or required by law or a court or tribunal.

We have a legitimate interest in using your information in these ways. It is also fundamental to the nature of the service we provide. In some cases, it will be lawful for us to collect and use your personal and credit-related information, for example where it is necessary as part of our, or a third party’s statutory function or because the law permits or requires us to.

In addition to the specific circumstances above, we will only use your personal information with your consent (if required under applicable data protection laws) when we process your personal information in order to send you carefully selected marketing materials about our products and services (or those of our third party partners) by email, text or push notification, depending on your account or operating system settings. You have the right to opt out of receiving such direct marketing at any time. If at any time you wish to stop receiving direct marketing messages from us you can let us know by contacting us. In your request, please indicate that you wish to stop receiving marketing communications from us.

Our Sites may contain hyperlinks to websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites handle any personal information you provide. In these cases, your personal information may be collected by that third party and not by us and will be subject to that third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, that third party’s use or disclosure of your personal information.

Use and Disclosure of Personal Information

We do not use your personal or credit-related information or disclose it to another organisation unless it is reasonably necessary for one of the purposes described above, having regard to the nature of the information or the circumstances of collection we believe you would expect us to use the information or make the disclosure: for example, if it is required or authorised by law or court or tribunal, it is necessary to protect the rights, property, health or personal safety of a customer, the public or our interests, and it is unreasonable or impracticable to obtain your consent, the disclosure is necessary to assist any entity, body or person to locate a person who has been reported missing, we have reason to suspect that activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, and we believe that the collection, use or disclosure is necessary in order for us to take appropriate action, it is necessary to obtain third party services, for example to carry out data analysis or provide information processing services (where use of your information by third parties is strictly controlled), it is for one of the purposes expressly permitted under applicable data protection and privacy laws or you have provided your consent.

For avoidance of doubt, we may disclose your personal and credit-related information to any of our related and associated companies, affiliates and subsidiaries, including those established in the future: for example, guarantors and security providers, credit bureaus, other credit providers, brokers, agents, financial advisors and people who act on your behalf, organisations involved in our funding arrangements (like loan purchasers and investors), other banks and financial institutions, auditors, organisations that help identify illegal activities and prevent fraud, any data processors processing your information on our behalf, where applicable, third parties who provide related services or products in connection with our business such as our vendors, business partners, and any party assisting us in carrying out the purposes described above, parties which participate in joint marketing schemes with us, any agent, contractor or service provider who provides verification of identity, administrative, order processing, payment clearing, credit reference, debt collecting or other services necessary to the operation of our business, any person to whom we are, in our belief in good faith, under an obligation to make disclosure as required by any applicable law, government agencies, statutory authorities and industry regulators, our auditors, consultants, accountants, lawyers or other financial or professional advisers and our sub-contractors or third party service or product providers as may be determined to be necessary or appropriate.

Overseas Disclosures

We may use the services of certain third party service providers which may have offices or other operations outside of Australia. As a result, your personal and credit-related information may be disclosed to recipients in those foreign countries. All service providers that have access to personal and credit-related information held by us are required to keep the information confidential and not to make use of it for any purpose other than to provide services in accordance with their engagement. We will take all steps that are reasonably necessary to ensure your personal and credit-related information is treated securely and in accordance with this Privacy Policy as well as applicable data protection laws, including, where relevant, by entering into EU standard contractual clauses (or equivalent measures) with the party outside the European Economic Area.

Notifiable Matters

Where you have made an application for consumer credit, we are required under the credit reporting code (which forms part of the Privacy Act), to ensure that you are aware of certain matters. Details of these matters can be viewed on our website and are also set out in the privacy consent notice we will ask you to agree to at the time you apply for consumer credit.

Access and Correction of Personal and Credit Information

Individuals may request access to their personal information unless we are permitted by law to withhold that information. Individuals may also request the correction of any personal information which is inaccurate by contacting our Privacy Officer at [email protected]. To the extent permitted by law, there are some exceptions where this access may be denied. To request access and seek the correction of personal information held by us, please email, call or write to us. We will endeavour to respond to any access or correction request within 7 working days of receipt.

Residents in the European Economic Area

If you are a resident in the European Economic Area, you have the following rights in relation to your personal information (where applicable):

• You have the right to request a copy of the personal information we are processing about you. For your own privacy and security, at our discretion we may require you to prove your identity before providing the requested information.
• You have the right to have incomplete or inaccurate personal information that we process about you rectified.
• You have the right to request that we delete personal information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
• You have the right to restrict our processing of your personal information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.
• You have the right to obtain personal information we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal information which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you.
• Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defence of a legal claim.
• If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us.

To make a request to exercise any of these rights in relation to your personal information, please email, call or write to us.

How Long Do We Keep Your Personal Information?

We will only retain your personal and credit-related information for as long as is necessary for the purpose for which that personal information was collected and to the extent permitted by applicable laws. When we no longer need to use personal or credit-related information, we will remove it from our systems and records and/or take steps to anonymise it so you can no longer be identified from it.

Security of Personal Information

We use reasonable organisational, technical and administrative measures and security safeguards to protect, as is reasonable in the circumstances, the personal information we hold from misuse, loss, interference and/or unauthorised access, use, disclosure or alteration of information under our control. Where practicable, we implement measures to require organisations to whom disclosure is made to comply with applicable data protection and privacy laws. If a third party is given access to personal or credit-related information, we take reasonable steps to ensure that the information is held securely and used only for the purpose of providing the relevant service or activity. Unfortunately, no data transmission over the internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem.

Other Information We Collect

The Sites collect other information that may or may not be personal information. Other information includes information that does not reveal your identity, such as browser and device information, server log file information, App usage data, demographic information, location information and aggregated information. When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number. Cookies allow a web server to transfer data to a computer or device for recordkeeping and other purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies.

Please note that we may use and disclose such other information which is not personal information for any purpose, except where we are required to do otherwise under applicable law for example, if we are required to treat that information as personal information under applicable law. In some instances, we may combine other information with personal information. If other information can be combined with personal information or can be used to build a profile of an individual (in a way which could be reasonably used to identify that individual), such other information will be treated by us as personal information.

Privacy Concerns

If you would like any further information about our handling of personal information, or to make a complaint about our handling of your personal information, or you believe there has been a breach by us of the Privacy Act or the credit reporting provisions of the credit reporting code, please lodge a complaint addressed to our Privacy Officer at [email protected]. Once we receive your complaint, we will respond to you within a reasonable period of time, usually within 7 working days. If you are unsatisfied with the outcome of your complaint, you may contact us further to advise of your concerns and, if we are unable to reach a satisfactory resolution, you may wish to take your complaint to the Office of the Australian Information Commissioner (OAIC). The OIAC can be contacted by phone: 1300 363 992. Website: www.oaic.gov.au

Variations to the Privacy Policy

We reserve the right to modify this Privacy Policy at any time by publishing an updated version of this Privacy Policy on our Website and taking any further action as required by law, after which, your continued use of the Website or your provision of any further personal information will indicate your acknowledgement to the modified terms of this Privacy Policy.

This Privacy Policy was last updated on 15 Dec 2020.

Website Terms of Use, T&C, Privacy Details

These terms and conditions apply to all material and offers on our site and published by us. For any third party service provider,  used or via our platform  you must read and agree to their terms and conditions.

This website is operated by SEACHANGEHOMES.com.au   herein “SEA”. Throughout the site, the terms “we”, “us” and “our” refer to SEACHANGEHOMES. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on CrazyDomains. They provide us with the online platform that allows us to offer our services to you.

SEA background is in construction project management  and permits.

SEA provide a platform for viewers to access third party services.

SEA is not a builder but uses licensed builders in Tasmania and Victoria. One such builder is Edmund Hapsburg. 

SEA aim is to significantly improve the ability of buyers to;

• Fit a house plan to land and vice a versa.
• Make it faster & easier to decide on lots and help to avoid needless costs.
• Access a host of third party services (for the benefit of buyer) that make for a better faster decision with clearer value and certainty, resulting in a better more livable home with less stress.
• Access from anywhere via the internet, so they can find sites, build, house hunt remotely , reducing their need to self educate by surfing the net , reduce or eliminate driving around seeing sales people and being enabled to find and or discuss a particular lot or floorplan or build for suitability with an independent professional. 
• Locate(fit) a house plan on a lot in a new estate that is still at earthworks stage so as to make a decision on a plan or build new where an existing house sits, (tilted lots or untitled lot ).
• Reduce relying on sales people (or builders) for advice as a conflict of interest arises as they are there to sell and the potential buyer really want independent advice with optional due diligence(to scope costs or avoid pitfalls) , well past the scope of what occurs generally now in the marketplace.
• Have the ability to create their own plans they can then get their home built by any builder and not be beholden to one party based on a mere plan.

SEA does not eliminate the possibility of unknown costs such as the underground abnormalities, exact depth offsets of pipes services contamination or requests from authorities, unwritten rules or future changes.

By educating users / buyers, we aim to level the playing field and also improve  the relationship between the owner/client and builder.

SEA makes quotes to buyers simpler to draft and answers buyers client owners questions quickly AT THE BEGINNING  and conveniently without travel in some cases.

SEA always advise use of a competent conveyancer, site visits and the use of a professional surveyor to establish pegs and title boundaries and current site conditions especially privacy & noise. The conduct of full suite soil tests, feature & level survey,  town planning and developers design guidelines, engineering fill reports ,  impact assessment reports  and council property reports may be required to provide a fuller solution over our initial discussion or materials.

All our conversations photos and reports (material) aim for a 90% confidence level not a 100% solution that does not involve a complete due diligence process prior to committing.

Permits to build or develop may not be granted or costs may be more than anticipated

You should not act, or not act  based solely on SEA materials.

Use of our service does not, of itself, create an adviser-client relationship between you and us. You are advised to seek your own independent legal advice and accounting , tax, investment and finance advice.

Our Material does not constitute a solicitation or inducement to invest in any financial products or services offered by us or our third party providers, nor entering of a building contract or contract to purchase land or any property or business.

SEA Advice is prepared without considering your lifestyle,  objectives, financial situation or needs. Where you use our third party providers , you must read their Product Disclosure Statement, before making any decision about whether to acquire the product described in that document. Our services are based on availability of our consultants at the time of contact or our quotation  and will vary from time to time so we do not guarantee any timeline or outcome.

We commence immediately and work through to completion and our work is based on timeliness and should you delay or be subject to delay or you require more use of our time or resources or more information is required  we will not be liable and we may increase our costs to you.

We reserve to right to end our service to you at any time and not be liable for any outcome thereafter.

NO REFUNDS

Or counterclaim credit or offset apply to our fees or costs.

Subject to Australian Consumer Law, the director may in his absolute discretion provide consideration where a product or service may not perform or be provided.

We will not be responsible for any delay costs loss or damages that may arise from the use of our services Or

(i) any loss arising from the unavailability of any service or professional; or report

(ii) losses not caused by any breach on our part;

(iii) any private or  business loss, loss of sales, loss of clients , loss of builder, loss of opportunity to build or buy land or property , profits, incomes, revenue, contracts, specifications, plans , permits,  anticipated savings, data, goodwill or wasted expenditure or lost time or delay or legal conflict;

(iv) any indirect or consequential losses; or

(v) any delay which is beyond our reasonable control.

Our liability to you for any loss arising from or relating to the offer or sale of any product or service by us (or our providers)  on the website or externally is limited to a refund of the relevant amount paid for the service or product .

The disclaimers, exclusions, and any other limitations on SEA’ s liability in this Section do not override any express commitments SEA gives to you our client  , where countersigned by our owner or director using Docusign.

Australian Consumer Law, prevails and nothing in our conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under Australian  law including any disclaimer, exclusion, or limitation as provided for in these conditions.

THIRD PARTY USERS

Not limited to salespeople, builders agents , you shall indemnify, defend, and hold us harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorised use of the SEA platform or our further services or our third party providers services, through your Account with us.

SECTION 1 – ONLINE SITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.

SECTION 5 – PRODUCTS, SERVICES OR SPECIAL OFFERS (if applicable)

Certain products, services or special offers may be available exclusively online through the website. These products or services may have limited number or time to run or not display all features.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products, services or special offers to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product, service or special offer at any time. Any offer for any product, service or special offer made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

WE may not deal with all areas, councils, trades, professionals, builders or all products and so offer a limited range.
Any offer or invitation to treat is just that, and ONLY the strict terms and conditions within each individual build contract
and together with the respective specifications(or other appropriate) written agreement countersigned by Edmund Hapsburg will bind us or our builder(s) or supply chain partners and ONLY THAT written agreement will reflect our final agreement.

All offers herein are subject to third party terms and conditions and may vary at any time.

Our fees may be recoverable from the builder if agreed prior by the end user or end client.

Where you provide us with a plan you declare that you have consent to use the plan from the copyright owner or that it is your own plan. You hereby indemnify us against any loss costs or damages that may arise from our service.

Copyright applies to all sketches plans and permits and know how. Each time we provide drawings and in each case will have its own terms and conditions determining the licensed use of our material. Notwithstanding, these T& C herein will apply.

Some of our services are provided by licensed third parties.

Our services are FEE FOR SERVICE and are due and payable to us.

Initial designs produced in rough by us are free of charge and remain ours. Drafts by us are included in your initial fee to the value limit of that service . All other work is billable, either as fee for service or may be recovered from the builder selected with the clients consent, in all cases we will present an Authority to Act and Fee Schedule in writing prior to the client for their written agreement. We will not commence any work until our Authority to Act and Fee Schedule have been completed and are not liable to clients for any delay costs loss or damage, increased prices,  due to delay in this process. All funds payable to us and deemed unpaid until cleared in our bank account. We do not accept counter claims offsets as part of our accounting process, unless a credit is generated by us.

WE may receive a commission up to 20% on products or services.

Rebates and discounts are at the discretion of the builder or supplier and may have conditions not limited to; the supplier being paid on time and you signing a contract and or payment of fees costs and or a deposit.

Further Disclaimer;

Generally and specifically where house and land packs are mentioned or include SEA/us services or in any way;

we SEA, do not guarantee any item or thing when we promote or offer our/any third party land or build. We may be able to design to better suit you, your budget and the lot. We through our Licensed providers, may be able to reserve you a lot in your selected area. All photos, pictures, plans and creative works remain copyright to their respective owners, are for illustrative purposes only and may not represent the final product. Photographs may depict fixtures, finishes and features not included in any pricing specified. These may include architectural facades, landscaping items, such as planter boxes, retaining walls, water features, pergolas, screens furniture and decorative landscaping items such as fencing and outdoor kitchens and BBQs. We do not supply swimming pools, pool decks and pool fences. Accordingly any prices specified do not include the supply of any of those items. Measurements may vary from the final contract documentation and all information should be verified with the Builder. Home package price is based on the lowest priced facade from the Builder’s range unless otherwise stated. Included items may have an allowance amount, all costs to be verified with the Builder. Home designs, inclusions, specification, promotion and pricing may be subject to change without notification. ) and may need to be altered to comply with estate covenants.  Pricing is subject to land availability (where advertised as house & land package) and subject to site inspection, Developer’s final approval, Council and Town Planning, as may apply. All associated additional costs required to meet developer approval will be added to the price, as unavailable at time of advertising. Alternate facade and floor plan options are available. SEA has permission of the owner of the land to advertise the land as part of the price specified. The land price does not include transfer duty, settlement costs or any other fees or disbursements associated with the settlement of the land. Prices may vary and be subject to change once all siteworks plans are completed and the current market value of the land and other relevant costs are taken into consideration. SEA and the owner of the land reserve the right to change their prices without notice. SEA reserves the right to withdraw or amend pricing, inclusions and promo without notice.

For any photo,plan,image portrayal Images for illustrative purposes only & may depict upgrade options available at additional charges. Floor plans and specifications may be varied and we reserve the right to change prices or expire the current promotion without notice. The / this /any home has not been constructed and may not necessarily fit the nominated frontage due to land conditions and regulations. Developer/council/third party /neighbor consents may be required for some items, inclusions or offers. Offers may not be available all areas, eg tv reception or NBN.  Accordingly Plans may be changed to suit your block with builder consent and so prices will vary. Fixed price quotes available only after site inspection. SEA make no warranty on the accuracy and completeness of information herein and will not be held responsible for any costs, loss or damages incurred by any party whatsoever. Please contact us for full current details as they are subject to change without notice.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and billing information, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy click here.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or SEA date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SEA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless SEA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforcability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of VICTORIA.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time by viewing this page of these Terms of Service by us posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  Some offers and suppliers will have their own self contained terms and conditions attached and those will prevail.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

PRIVACY POLICY

SECTION 21 – PRIVACY POLICY INFORMATION

This privacy policy sets out how SEA, use, discloses and protects any personal information that you provide or that we collect, when you use our agents, website or that we collect directly from you.

We are committed to ensuring that your personal information is protected. If we ask you to provide certain information by which you can be identified when using this website, it will only be used in accordance with this privacy policy and the Australian Privacy Principles. If you do not wish to provide personal information to us then you do not have to do so, but it may affect your use of this website or the products and services offered on it and access to property for occupancy, purchase, investment or rent. We may change this policy from time to time by updating this page on our website. You should check this page regularly to ensure that you are at all times aware of the current policy. This policy is effective from 15 Dec 2020. If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of our properties or any products and services offered.

Collection of Personal Information

We may ask you to provide some or all the following information:

1. name, occupation, job title
2. contact information, including current & past addresses, email address
3. demographic information such as address, postcode, preferences and interests
4. other information relevant to customer surveys and/or promotions
5. rental history, payslips, tax returns, BAS Statements
6. business and private references
7. copy of bank statements
8. 100 point photo ID plus passport.

Use of personal information

We collect and use the personal information for purposes including:

1. to better understand your needs, enabling us to improve our products and services
2. for internal record keeping;
3. to circulate promotional emails about new products, special offers or other information which we think you may find interesting;
4. direct marketing;
5. to contact you (by telephone, email, fax or mail) for market research purposes
6. to customise the website according to your interests
7. for product and IP licensing issuance, registration and monitoring
8. decision making and processing of rental, investment, purchasing transactions

Disclosure of personal information

We may disclose personal information:

1. for the purpose of providing services to customers;
2. to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them;
3. to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
4. to third parties, including property owners, agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located outside of Australia.

Where we disclose your personal information to third parties for these purposes, the third party will be obligated to use that personal information in accordance with this Privacy Policy. If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

1. whenever you are asked to fill in a form look for the box that you can click to indicate that you do not want the information to be used for direct marketing purposes; and
2. if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us via our website.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you please write to 7a/82 Keilor Rd, Essendon VIC 3040, Australia or contact us via this website. We will respond within a reasonable time. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us via this website. We will respond to any request within a reasonable time and will endeavour to promptly correct any personal information found to be incorrect so that the personal information is accurate, up to date, complete, relevant and not misleading.

Complaints

If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach then please contact us via this website, setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Storage and Security

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Signed

Edmund Hapsburg  Privacy Officer & CEO

SECTION 22 – Buyers Agent and Building Broker INFORMATION

SEA act as facilitator and never as the builder principal.

SECTION 23  ”  2020 PROMOTION Chance to enter to “WIN-A-HOUSE” and “$1 a litre OFF FUEL Offer” terms and conditions and “$20,000-A-MONTH-FOR-20 YEARS LIFE”. Promotion runs until 25 December 2020.

DETAILS : “WIN-A-HOUSE Offer” ONE FREE ENTRY TICKET per customer per service and may end at any time without notice and for new enquiries only. Only those legal persons over 18 years of age who are eligible Australia permanent residents who have  provided their full legal name, current address , mobile phone number and email and property or finance or project details(as may apply for the respective SEA service)  and have received a quote from us.  To get (2) TWO Free  tickets you must have paid us in full for and used any of our SEA services to a value of over $330.

Each offer of A Ticket will be provided with A paid ticket to the purchased value of $AUD 20.00 in a draw  conducted by any one of  the following “Deaf Lottery or RSL Art Union or Yourtown” in the appropriate next month draw(for a new home to the value of at least $AUD 1.0 Million). SEA accepts no responsibility  whatsoever past that point of supplying the paid ticket(s), subject always to the terms and conditions of the relevant lottery.   All entrants who accept the tickets irrevocably consent to their name and photo being published by SEA and used for promotional purposes by SEA and Deaf Lottery or RSL Art Union or Yourtown. This offer can be used in conjunction with the $1-OFF-Fuel Offer only where conditions of  $1-OFF-Fuel Offer are met.

“REFER A FRIEND” Promotion ; in ADDITION TO any other offer or promotion we run , both you and the person referred receive a FREE ENTRY TICKET once we contact them and only those legal persons over 18 years of age who are Australia permanent residents who have  provided their full legal name, current address , mobile phone number and email and property or finance or project details(as may apply for the respective WIF service – )  and have received a quote from us are eligible.

IMPORTANT the Lottery Draws are all normal public draws but as WE GIVE AWAY tickets YOU must read the terms and conditions of the lottery and accept them(especially if you need to nominate the prize to be paid as cash or car or building or otherwise  as may apply  or return the ticket to us.  

DETAILS: “$1 OFF Fuel Offer” Limit one per customer, Limit per customer is 50 litres per fill and one fill a week for 52 weeks from date of our receipt of full pre payment for our planning permit or home building service or project management service  or other service value billed at over $AUD 20,000.00.  Offer is SEA/we refund clients at $1 per litre by redemption against fuel receipt that is readable and presented intact and emailed to us. This offer can be used in conjunction with the WIN-A-HOUSE Offer.

DETAILS: ” $20,000-A-MONTH-FOR-20 YEARS LIFE*” limit one offer per customer and we provide two(2) paid for tickets (to the paid value of MEGA entry level $46.20 total  )  in a lottery for this. Subject to the lottery issuers terms and conditions this draw has a 1st Prize of $20,000 a month for 20 years, guaranteed for up to four winners if won. This means if there is only one winner they’ll receive $20,000 a month for 20 years, if there are two, three or four winners they’ll each receive $20,000 a month for 20 years and if there are more than four winners, $80,000 a month for 20 years will be divided equally among them (e.g. five winners will each receive $16,000 a month for 20 years) for details refer to https://www.thelott.com/set-for-life/how-to-play. SEA accepts no responsibility  whatsoever past that point of supplying the paid ticket(s), subject always to the terms and conditions of the relevant lottery.   All entrants who accept the tickets irrevocably consent to their name and photo being published by SEA and used for promotional purposes by SEA and the issuing Lottery. This offer cannot be used in conjunction with any other offer.

What happens if you win?

Upon completion of the Draw, all winners are contacted by email or phone.

Winners will receive an email officially notifying them of their win and outlining next steps.

For First prize winners they have 10 days from the Draw date to advise which Prize Option they wish to take(as may apply). From there, all they will have to do is enjoy their brand new lifestyle!

.-oOo-.

Signed

Edmund Hapsburg  Privacy Officer & CEO