Smart Build Terms and Conditions

Langdon Building Pty Ltd ABN 15 115 409 437 (“Langdon”)   

The Smart Build online home design service (Smart Build) is provided to you by Langdon Building Pty Ltd ABN 15 115 409 437 (Langdon).   

Use of Smart Build  is conditional upon you agreeing to the terms and conditions below. By clicking on the “Terms and Conditions” icon below, you:

  1. acknowledge that you have read and agree to be bound by these terms and conditions; and
  2. that you have read, understood and accept Langdon’s Privacy Policy and Privacy Collection Notice
  1. Acceptance of terms and conditions
    1. By clicking on the “Terms and Conditions” icon below, you acknowledge that you have read and agree to be bound by these terms and conditions as amended from time to time (Terms and Conditions).
    2. Langdon Building may, in its absolute discretion modify or amend these Terms and Conditions from time to time and such modifications or amendments will be binding upon you in respect of any subsequent use of Smart Build by you. You agree to be bound by these Terms and Conditions as so amended and agree to review the Terms and Conditions prior to using Smart Build.    
  2. Use of Smart Build
    1. To use Smart Build you must  comply with these Terms and Conditions at all times.
    2. There is no fee to use Smart Build.
    3. To use Smart Build must be:
      1. over 18 years of age; and
      2. have the legal capacity to enter into a legally binding contract.
  3. Warranties provided by you

You warrant and acknowledge that:

      1. you are over the age of 18 years and that you have the legal capacity to enter into a legally binding contract;
      2. the information you provide to Langdon through Smart Build is:
        1. correct, complete and current;
        2. not misleading or deceptive or likely to mislead or deceive; and
        3. free from any programming bugs or computer viruses, faults, or errors; and
      3. you will not impede the use of Smart Build or this web site by any person.
  1. Smart Build Plans and Pricing
    1. You unconditionally and irrevocably acknowledge and agree that:
      1. all floor plans, facades and colour packages displayed on or generated by Smart Build remain the property of Langdon and are not to be used by you or a third party in any way except with the prior written permission of Langdon;
      2. all floor plans, facades and colour packages displayed on or generated by Smart Build are for illustrative purposes only and may not represent the final product;
      3. the homes displayed on or generated by Smart Build are subject to availability depending on location;
      4. the prices of homes and other charges displayed on or generated by Smart Build are indicative only, are subject to price increases from time to time and are subject to Langdon management approval. Langdon reserves the right to change prices at any time for any reason, including as a result of location of build and site costs, supplier/contractor price changes, and home specifications;
      5. some of the factors that affect the build price displayed on or generated by Smart Build include, but are not limited to, a Class M soil test, less than 300mm surface fall across the relevant parcel of land, site access, BAL requirements, flood levels on site, planning overlays, rock, the postcode of property, availability of services, setback of house up to 5m, property being a 600m2 allotment or smaller, Rescode requirements, covenants, Government and legislative requirements/changes, and all relevant design and development guidelines;
      6. if a discount or promotion is advertised by Langdon, that discount or promotion will only apply for the term for which that discount is expressed to apply; and
      7. Smart Build is a tool offered by Langdon to you for you to experiment with different house designs and plans. Using Smart Build and generating a plan of a Langdon home through Smart Build does not bind you or Langdon to a contract for construction of that, or any, home.
    2. Click here [insert link] for a list of property specifications currently included in the cost of a Langdon home. Unless stated otherwise, the prices displayed on or from Smart Build are inclusive of a goods and services tax [RC Note: Please confirm.]. Specifications (including for products, suppliers and/or services) may change, including as a result of a change in suppliers or contractors to Langdon. Langdon will provide you with a current list of specifications at the time you enter into a contract with Langdon to build your home.
  2. Disclaimer

You acknowledge that:

      1. Langdon makes no warranties as to the accuracy, suitability or completeness of any information, designs, plans or prices contained on or accessed through Smart Build (Information).
      2. Langdon takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in Smart Build or the Information therein;
      3. you will not rely solely on the Information in determining whether to:
        1. use Smart Build;
        2. enter into a building contract with Langdon; and/or
        3. build a home,

and you will make your own enquiries as to the suitability of the Information and Smart Build for your own purpose.

      1. Langdon may, without notice to you, and at any time, modify or discontinue Smart Build or any other services offered on its web site. 
      2. Langdon does not warrant or represent that any information (including any file) downloaded or otherwise transmitted to you from its web site (including Smart Build) is free from viruses, faults or errors.
      3. whilst Langdon will try to ensure that Smart Build is accessible to users, it does not warrant that users or potential users will have continuous access to Smart Build. Langdon will not be liable in the event that Smart Build is unavailable to users or potential users due to:
        1. any events caused or contributed to by Langdon, whether negligent or not; or
        2. any events beyond the control of Langdon, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever. 
  1. Privacy

Langdon understands that you value your privacy and wish to have your personal information kept secure. You can view the full text of our Privacy Policy and Privacy Collection Notice, which sets out how we collect and deal with your personal information, at [insert URL] or upon request from us. By using Smart Build, you accept and agree to the terms therein.

  1. Marketing

You agree that Langdon may retain and use your personal information for the purpose of informing you (including via email or SMS) of our other products or services which may be of interest to you.

  1. Intellectual Property

All copyright and trade marks in the material on or generated by Smart Build (including Information) is owned by or licensed to Langdon. You agree that no part of Smart Build or the material generated by Smart Build (including the Information) may be used, modified, adapted, copied, published, communicated, used for construction or reproduced by any process without the specific written permission of Langdon.

  1. Limitation of Liability
    1. To the full extent permitted by law, Langdon, its directors, employees, agents, contractors and related bodies corporate, will be under no liability to any person in respect of any loss or damage (including consequential and special loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
      1. any use of Smart Build or the Information for whatever reason;
      2. any goods or services purchased or obtained from Smart Build; and
      3. any transaction entered into through Smart Build;

whether or not such loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

    1. If any law prohibits the exclusion of such liability, Langdon limits its liability to the extent permitted by the law and at its option:
      1. if the breach relates to goods supplied by Langdon:
        1. the replacement of the goods or the supply of equivalent goods; or
        2. the repair of such goods;
      2. if the breach relates to services supplied by Langdon, the supplying of the services again;
      3. if the breach relates to the supply of Information to the re-supply of such information.
  1. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of or in the State of Victoria and the courts of appeal therefrom.

  1. Entire Agreement

These Terms and Conditions set out the entire agreement and understanding between you and Langdon in connection with Smart Build and supersedes all prior agreements, understandings, representations and warranties, whether express or implied.