Sekisui House Privacy Policy and Terms of Use of Website
This privacy policy describes how we collect and use information about you.
Sekisui House Construction Australia Pty Limited takes its responsibilities under the Privacy Act 1988 seriously, and is subject to that Act and the National Privacy Principles.
The AVJennings® trade marks are trade marks owned by AVJennings Properties Limited and used under licence.
1. Collection and Use of Personal Information
The collection and use of information that personally identifies you may occur at the following times:
(a) When you register with us to receive information via the telephone, display centres or website.
(b) As a result of your use of the AVJennings website in relation to contract homes.
(c) In other instances, such as through a competition form or survey.
(d) Communication before, during and after the purchase of your home.
(e) Communication before, during and after the purchase and construction of your home.
(f) When you have dealings directly with Sekisui House.
Such information may include your name, address, personal and/or work contact details (e.g. phone numbers and email addresses), details of your enquiry, and your purchase requirements. It may include any information that may be required in order for us to respond to your request, help you in the purchase of your new home, or help us with research.
It may also include the information which you choose to provide us in the process of submitting questions and answers while interacting with us and corresponding with us via the AVJennings website or any other method.
When corresponding with us on the AVJennings website, it may also include your user identification, password and other information collected by cookies on the AVJennings website, described below.
This is collectively Personal Information.
In some circumstances, we may also collect your Personal Information from third parties but where we do so, we will ensure that we act in accordance with relevant privacy laws.
2. Sekisui House Use of Your Personal Information
We use your Personal Information to respond to your queries and to complete any dealings we have with you. Generally, this information will be about our products and services as it relates to contract homes. If you are an existing or potential customer, Sekisui House may also inform you about promotions and other of our products and services which we think may be of interest to you.
When you have responded to us via the AVJennings website, Sekisui House and AVJennings, and any vendor providing products or services through the Site, use your Personal Information to operate the Site, to create and share reports about your transactions among ourselves.
Other purposes for which we collect your Personal Information include (but is not limited to):
(a) Providing you with information about products and services as it relates to contract homes, according to your request;
(b) Determining your requirements to provide personalised advice on our contract homes products and services;
(c) Promoting and marketing our existing and future contract homes products and services to you; and
(d) To enhance our range of contract homes products and services.
We may use your Personal Information for other purposes not listed above but which will be made obvious to you at the time we collect the information, or for secondary purposes as may be required or permitted by law.
If we use your Personal Information for direct marketing purposes or direct marketing communications with you, we will give you the option of opting-out of receiving any further such communications.
2A. Consequences of Not Providing Personal Information
If we are not provided with your Personal Information we reasonably require, we may be unable to provide you with information on our full range of contract homes products and services on offer.
3. Sekisui House Disclosure to Third Parties
We may disclose your Personal Information to third parties to enable those third parties to assist us with providing you with our contract homes products and services but only where those third parties are under the same obligations in relation to your Personal Information as the obligations set out in this privacy policy.
Third parties that we may disclose your Personal Information to are:
(a) Our related companies;
(b) Our consultants, contractors and service providers who assist us in providing services or who perform functions on our behalf;
(c) Direct marketing providers or research companies; and
(d) Anyone else, with your consent (express or implied).
We may also disclose Personal Information required or permitted by applicable law. This means that we may make disclosures that are necessary to conform to legal and regulatory requirements or processes and where we deem necessary to protect the safety of you or others in the community.
4. Access and Correction
We take reasonable steps to ensure that all Personal Information which we hold is up to date. You have the right to seek access to the Personal Information which we hold about you and to ask us to correct it if you consider it to be inaccurate, incomplete or out of date. We realise it is important for you to be able to control your personal details. If you wish to find out what Personal Information we hold about you, please contact us at one of the contact points set out at point 8, below.
In the first instance, we will generally provide you with a summary of the information we hold about you. We will assume (unless you tell us otherwise) that your request relates to our current records about you. These current records will include personal information about you which is included in our databases and in paper files, and which may be used by Sekisui House on a day-to day-basis.
To provide you with access to this personal information, Sekisui House would ordinarily provide you with a printout of the relevant personal information from our databases, or with photocopies of records that are held only on paper files. If personal information about you (for example, your name & address details) is duplicated across different databases, we will generally provide you with one printout of this information, rather than multiple printouts. Ordinarily, Sekisui House will not charge you for the cost of providing this type of access to these records.
For legal and administrative reasons, Sekisui House may also store records containing personal information in its archives. You may seek access to the records held by Sekisui House that are not current records, but if you do so, we may charge you for the cost of providing access.
5. Security
We take reasonable steps to protect your Personal Information from misuse, loss and from unauthorised access, modification or disclosure. However, no data transmission over the internet is completely secure and any Personal Information you send to us over the Internet (including via e-mail) is sent at your risk.
If Personal Information is held in paper files, we take reasonable steps to ensure that only authorised personnel or consultants are able to access it for legitimate business purposes.
Unless otherwise required by law, we will take reasonable steps to destroy or de-identify your Personal Information if we determine that it is no longer needed for our purposes.
5a. Do Not Call Register
The Do Not Call Register gives phone users the right of opting out of receiving unsolicited telemarketing calls. In compliance with our obligations under the Do Not Call Register Act 2006, we will make telemarketing calls to numbers listed on the Do Not Call Register only in the circumstances permitted by the Act. Such circumstances include where you have given us consent (express or implied) to do so. Where you have given us express consent to call, your consent is deemed to be for an indefinite period unless you specify otherwise.
6. AVJennings Website
This privacy policy forms part of the Terms and Conditions for use of the AVJennings website, which may be accessed by clicking here, and any terms which are defined in those terms and conditions have the same meaning in this Privacy Policy.
6.a Cookies
Sekisui House may collect information at the AVJennings website through cookies. Cookies are very small text files placed on your hard drive by a computer server. A cookie serves as your identification card on the Site and is uniquely yours. A cookie can only be read by the server that gave it to you. Cookies tell us that you returned to a specific web page on our Site, and help us track your preferences and transactional habits. Cookies help us personalise your experience at the Site by permitting our computer server to "remember" who you are.
Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to prompt you about cookies or to refuse to accept cookies. Rejecting cookies may interfere with your use of the Site.
7. Changes To this Privacy Statement
We may make changes to this privacy policy from time to time. We will post changes to this privacy policy here, so be sure to check back periodically. We may also notify you of significant changes by email or in other ways. This Privacy Policy was last updated on 31/07/10.
8. Contacting Sekisui House about Privacy Issues
If you have any questions or comments about this policy, how we have handled your Personal Information, or would like to be removed from a mailing list, please contact us by any of the following methods:
• telephone: +61 2 131 878;
• facsimile: +61 2 9846 6451;
• email: privacy@sekisuihouseca.com.au;
• letter: National Telemarketing Manager,
PO Box 7207, Baulkham Hills BC NSW, 2153 Australia
Sekisui House Terms of Use of Website
1. The Terms and Conditions
The AVJennings® trade marks are trade marks owned by AVJennings Properties Limited and used under licence.
(a) Please read these terms and conditions carefully as they apply to your use of the AVJennings web site (Site), Contract Homes. By using this Site you agree to be bound by these terms and conditions.
(b) This Site is intended for residents of Australia only. We have no responsibility to any person using this Site who is not a resident of Australia.
(c) Your use of some parts of the Site may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
(i) will apply to your use of those parts of the Site in addition to these terms and conditions;and
(ii) will prevail over these terms and conditions to the extent of any inconsistency.
2. Services
(a) You acknowledge that we may, in our sole discretion and with or without notice:
(i)vary the Site or any part of the Site; and
(ii)modify or discontinue this Site, any part of the Site and the services available on it.
3. Variations
a) We reserve the right at any time to vary or amend these terms and conditions or any specific terms and conditions which relate to the use of some parts of the Site.
(b) The amendments to terms and conditions referred to in paragraph (a) will be treated as (at our sole discretion):
(i) amendments to these terms and conditions; or
(ii) the introduction of, or amendments to, terms and conditions which govern any part of the Site, and those new or amended terms and conditions will be posted on the Site. The new or amended terms and conditions are effective as soon as they are posted, and your continued use of the Site will indicate your acceptance of the new or amended terms and conditions.
4. Site Content
(a) Content on the Site is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights). In particular, floor plans, facades and design treatments are protected by copyright and you may not use any that you find on this Site in the construction of any building without our written consent.
(b) Unless you are expressly authorised by law you must not yourself, or allow any other person, to:
(i) sell, reproduce, distribute, modify, display, publicly perform, prepare adaptations based on, repost or otherwise use any Content in any way for any public or commercial purpose without our prior written consent; or
(ii) reverse engineer any Content consisting of downloadable software; or
(iii) otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content
(c) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
5. Your Use of the Site
You must not:
(a) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(b) violate any Applicable Law relating to your use of the Site; or
(c) collect or store personal data about other users of the Site.
6. Third Party Providers
(a) You acknowledge that:
(i) parts of the Site; and
(ii) some of the Content,
may be provided or maintained by Third Party Providers and not by us.
(b) Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of those dealings.
7. Links and Advertisements
(a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines)
(b) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and those advertisers.
(c) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any dealings or as the result of the presence of advertisements on the Site.
8. Personal Information and Cookies
(a) In using the Site you may give us Personal Information. You have certain rights in this Personal Information. By using this Site you grant us the consent to use your personal data in accordance with our Privacy Policy.
(b) During your use of the Site, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
9. The Use of the Site Is At Your Risk
(a) You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where any Content includes information relating to property or investments, that information is provided for information purposes only. It should not be used as a substitute for professional legal, financial or real estate advice. You should seek your own independent advice with respect to any Content.
(b) We endeavour to provide a convenient and functional Site, but we do not guarantee that Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components. In particular, we do not represent that buildings we construct based on floor plans, facades or design treatments shown on this site will conform exactly to those floor plans, facades or design treatments.
(c) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for those costs.
(d) Using the Site, the Content and any of the information on the Site in connection with any transaction does not give you or any other party a right to a fee, commission or any other form of payment from any person, including AVJennings.
10. Limitation of Liability
(a) Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
(b) Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and equivalent State or Territory legislation.
(c) If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and we are able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(d) Subject to our obligations under the implied conditions and warranties referred to in paragraph (a), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (c).
11. Notices
(a) We will give you any necessary notices by posting them on the Site. You agree:
(i) to check the Site for notices; and
(ii) that you will be considered to have received a notice when it is made available to you by posting on the Site.
12. General Provisions
(a) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) This agreement will be governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria
(c) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.
13. Definitions
Any terms defined in the Sekisui House Privacy Policy relating to this site have the same meaning in this document as they do in that Privacy Policy.
Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country)
(b) any obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country)
NSW: Sekisui House Services (NSW) Pty Limited ABN: 42119550220. BL: 226045C.
ACT: Sekisui House Services (ACT) Pty Limited ABN: 42119550220. BL: 2009197.
VIC: Sekisui House Services (VIC) Pty Limited ABN: 32119550239. BL: DB-L 33661.
QLD: Sekisui House Services (QLD) Pty Limited ABN: 36119550257. BL: 1154622.
SA: Sekisui House Services (SA) Pty Limited ABN: 34119550248 BL: 208095.
Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
Third Party Provider means any person other than us who provides Content to the Site or operates the Site or a part of the Site, or other Internet sites you may view or access through the Site.
The AVJennings® trade marks are trade marks owned by AVJennings Properties Limited and used under licence.