Welcome to the website of Aarcadia Homes Pty Ltd ABN 55 620 246 540 trading as Arista Homes.
This document outlines the terms and conditions for your use of this website and by using this website you are taken to have accepted these terms and conditions.
By accessing and using this website, including by making a purchase or uploading or downloading content, you agree to be bound by these website terms and conditions as amended by us from time to time.
If you breach these terms and conditions we may, without limitation, terminate your access to this website and make any claim against you for any damages suffered by us in connection with your breach including but not limited to any unlawful or unauthorised upload or download of content or use of content on or via this website. This is in addition to any other remedies we may have.
Copyright in this website (including all text, data, graphics, logos, icons, sound recordings and software) is owned or licensed by us.
Other than expressly authorised by these terms and conditions or by us in writing, you must not, in any manner or form:
without our written permission.
Any word to which is attached an intellectual property symbol (for example ™ or ®) is a registered trade mark or otherwise protected by copyright or other common law intellectual property rights. If you use any of our trade marks (including logos and business names) in reference to us or our products or services, you must include a statement attributing that trade mark to us. Additionally, you must not use any of our trade marks:
To the extent that this website permits you to make purchases of goods and services from us online from time to time, all purchases are subject to:
By making a purchase on this website you accept these terms whether or not asked to accept them at checkout.
This website may include third party content, including advertising and links to third party websites, products and services, which is subject of that third party's terms and conditions of use.
Nothing on this website will operate to grant any licence or right for you to use third party content. You should consult the third party’s terms and conditions in relation to use of their content.
This website may operate wholly or partly though a secure server. Secure Server Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide.
To the extent that this website permits you to upload or contribute content and/or contact other users you agree that you will not upload content which:
You accept the contribution of contents by other at your risk at all times.
You agree not to ‘tag’ this website or our business into any website or social media content (including but not limited to Facebook™, Instagram™ and Twitter™) which is or may be derogatory, offensive or harmful to us or to others and you indemnify us in connection with any damage this causes to us.
You own the rights to your own content that you post to our website. However, you hereby grant to us the perpetual, non-exclusive, transferable, royalty-free license to edit, modify, copy, publish, distribute, translate and otherwise use any content (including any courses created by you) that you place on this website, in any medium, and to sublicense such right to third parties. You hereby represent and warrant that you are authorised to grant all rights set forth in the preceding sentence.
You are responsible for maintaining the confidentiality and all uses of the username(s) and password(s) that we issue to you. You understand that you will be solely responsible for all information transmitted electronically, or use of any information and or services obtained on this website or any associated service, using your username(s) and password(s).
You agree to indemnify, defend and hold our company and its officers, directors, owners, agents, Content providers, affiliates and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
We may also use “cookies” on this website. Cookies enable us to monitor traffic to and from our website(s) and to serve you more efficiently if you revisit the site. A cookie will not identify you but will identify your computer. You can change your browser settings to notify you when you receive a cookie and either accept or reject cookies.
Unfortunately, no data transmission over the Internet can be guaranteed as absolutely secure. Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you provide to us, in any form. Accordingly, any information which you provide or transmit to us is transmitted at your own risk.
If this website asks you or your receive any prompt or other electronic communication (including by email) requesting a payment to us, it is your responsibility to verify that the request is genuine which you may do by contacting us on the publicly available telephone numbers displayed on this website.
Nothing in these terms and conditions excludes, restricts or modifies any right, warranty or other condition, whether stated or implied which may not be excluded by law.
If there is a term of these terms and conditions which is illegal, void or voidable, it will be deleted with all remaining terms continuing to apply unaffected.
Subject to the foregoing:
You acknowledge that:
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) which might apply to these terms and conditions (by virtue of any law relevant to these terms and conditions) is expressly excluded.
Our sales to consumers are subject to the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees.
If you are unsatisfied with your experience on this website or any purchase that you have made, you may wish to make a complaint and we will endeavour to address your concerns as best as possible. To make a complaint or raise any other concern, please Contact Us.
These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction in the Brisbane CBD.