DISCLAIMER

By using this site, you agree to the following terms and conditions.

1. USE OF THIS WEBSITE

1.1. For the purposes of this disclaimer, the term ‘Creation Homes Properties’ includes both the entity of the website ‘Creation Homes Properties Media’ as well as its webmasters and associated affiliates, including Creation Homes Properties Consulting Pty Ltd, unless an intention to the contrary is explicitly stated.

1.2. The information provided at or through this Website is general and is not advice on any particular matter. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained at this Website.

1.3. Accordingly, you should not act on the basis of any information accessed at or through this Website without obtaining and considering appropriate professional advice upon your own circumstances.

2. UNAUTHORISED TRANSACTIONS

2.1. There are many inherent risks involved in transmitting information over the Internet. Unauthorised access and faults in computer networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet. Consequently, Creation Homes Properties is unable to warrant that this Website will be free from such risks.

3. DISCLAIMER OF LIABILITY

3.1. Creation Homes Properties and its affiliates and agents expressly disclaim all and any liability to any person in respect of anything and the consequences of anything done or omitted to be done by any person in whole or partial reliance on all or any part of the information accessed at or through this Website.

3.2. The materials provided at this Website (and any links from this Website) are provided “as is”. To the maximum extent permitted under the law, Creation Homes Properties makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Creation Homes Properties does not warrant the accuracy and completeness of information accessed at or through this Website.

3.3. Creation Homes Properties may make changes to the materials at this Website at any time without notice. The materials at this Website may be out of date, and Creation Homes Properties makes no commitment to update the materials at this Website.

3.4. Creation Homes Properties is not responsible in any way for the way in which downloadable material is used by the user. Creation Homes Properties provides users with many downloadable items but Creation Homes Properties is not responsible for any action taken or made by a user.

4. LIMITATION OF LIABILITY

4.1 Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these Terms to be void. Otherwise:

  • All content is provided “as is” and without warranties of any kind, either express or implied.
  • The authors expressly disclaim all warranties of any kind.
  • The authors do not warrant or make any representation regarding any content in the Website in terms of correctness, accuracy, completeness, reliability or otherwise.
  • You assume the entire cost of any necessary verification of any relevant content.

4.2 Under no circumstances (including but not limited to any act or omission on the part of the authors) will the authors be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use, inability to use, or the results of the use of this Website, any websites linked to this Website, the results derived from any calculating tool on this Website, or any materials contained at any or all of such websites.

To the fullest extent permitted by law, the author’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of the authors to the following:

  1. the supply of the services again, or
  2. the payment of the cost of having services supplied again.

5. LINKS TO THIRD PARTY WEBSITES

5.1. Links to third party web websites on this Website are provided solely as a convenience to you and such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content. Creation Homes Properties has not reviewed any of these third party websites and should you decide to access any of the third party websites linked to this Website, you do this entirely at your own risk.

6. ADVERTISING DISCLAIMER

6.1. Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of Creation Homes Properties and are not under the control of Creation Homes Properties or its related bodies corporate and neither Creation Homes Properties nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the website and do so entirely at your own risk.

6.2. The Website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Creation Homes Properties or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

6.3. If you contact a third party using functionality provided on the Website, including via e-mail, Creation Homes Properties accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

7. VIRUSES

7.1. Creation Homes Properties cannot and does not guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining an appropriate means for the reconstruction of any lost data.

8. APPLICABLE LAW

8.1. These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of this Website must be commenced in the appropriate court in Queensland. If you use this Website from locations outside of Queensland, you are solely responsible for compliance with your local laws.

8.2. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

8.3. Creation Homes Properties may revise these Terms at any time by updating this posting. You are bound by such revisions and should therefore regularly revisit this page to review the then current Terms by which you are bound.

9. MARKETING MATERIAL

9.1. Photographs, artist impressions and other pictures shown on this website are for illustrative purposes only and may show fixtures, fittings or finishes which are outside the available standard Creation Homes product range or which are only available in some of the Creation Homes designs or when selected as inclusions above the standard Home Inclusions for a particular design. This may include landscaping, outdoor items, render, floor coverings, doors, furniture, kitchen, bathroom and light fittings and decorative items, which are shown as examples only. Please refer to your contract for specific details of the inclusions..

9.2. Whilst every effort is made to provide accurate information, floor plan is for illustrative purposes and intended to provide a visual guide only. This floor plan could be subject to site conditions, statutory authority requirements & further approvals and with this Creation Homes reserves its rights to modify designs if required.

10. PROMOTION PERIOD AND AVAILABILITY

10.1 The “Embrace Queensland Living” Promotion is being conducted by Creation Homes (QLD) Pty Ltd ABN 73 155 796 384 QBCC 1272561  subject to the Terms and Conditions set out below.

PROMOTION PERIOD AND AVAILABILITY

10.2 Subject to these Terms and Conditions, the Promotion commences at 12:00am on Monday 8th January 2024 and concludes on March 17th, 2024, unless terminated by Creation Homes (QLD) Pty Ltd in its absolute discretion and without notice, prior to entry into a contract. (Promotion Period).

10.3 The Promotion is only available:

a. during the Promotion Period;

b. in respect of new preliminary agreements entered into, with initial deposits paid:

• between Creation Homes QLD Pty Ltd and retail consumers;

• from 12:00am Monday, 8th January 2024 and concludes 12:00pm March 17th 2024

• for all homes with “Creation Living” or “Creation Flourish” Specification

DEFINITIONS

10.4 For the purposes of these Terms and Conditions, unless the context clearly indicates otherwise:

• “Creation Living Specification”, in respect of homes, means those homes which are the subject of Creation Homes’ “Creation Living Specification”. A copy of the full “Creation Living Specification” may be obtained at a Creation Homes display centre.

• “Creation Flourish Specification”, in respect of homes, means those homes which are the subject of Creation Homes’ “Creation Flourish Specification”. A copy of the full “Creation Flourish Specification” may be obtained at a Creation Homes display centre.

• “Single Storey Homes”, in respect of a home, means those home designs specified as “Single Storey Homes” in Creation Homes’ standard design range,  more information can be obtained from a Creation Homes’ New Home Specialist.

• “Double Storey Homes”, in respect of a home, means those home designs specified as “Double Storey Homes” in Creation Homes standard design range, more information can be obtained from a Creation Homes’ New Home Specialist.

• “Acreage Homes”, in respect of a home, means those home designs specified as “Acreage Homes” in Creation Homes’ standard design range, more information can be obtained from a Creation Homes’ New Home Specialist.

CONDITIONS OF PROMOTION

10.5 To the maximum extent permitted by law, Creation Homes reserves the right to vary, suspend, cancel or terminate the Promotion, the operation of the Promotion or these Terms and Conditions in its absolute discretion and without notice.

10.6 Due to the continuing development of Creation Homes’ designs and products, to the maximum extent permitted by law, Creation Homes reserves the right to alter its product specifications and suppliers at any time and without notice.

10.7 The Promotion is only available in certain geographic areas. The Promotion is not available:

• in conjunction with any other range, promotion, offer or specification unless otherwise approved in writing by an authorised representative of Creation Homes; or

• available in certain geographic areas. Please speak with your Creation Homes New Home Specialist to ensure availability of the Promotion and/or specification items in respect of the location of your proposed home.

10.8 The Promotion shall be governed in accordance with the laws of Queensland. You submit to the non-exclusive jurisdiction of the courts of Queensland.

10.9 To take advantage of the Promotion, if you are a customer of Creation Homes, you:

• must enter into a preliminary agreement with Creation Homes during the Promotion Period being for a home in Creation Homes’ “Creation Living” or “Creation Flourish” specification level;

• must pay an initial deposit to Creation Homes during the Promotion Period;

• must enter into a construction contract with Creation Homes;

• must, and will be taken to, accept these terms and conditions.

OPTIONS

11.0 There are two (2) options with three (3) items available in connection to the Promotion (Items). The Items are as follows:

a. Option 1: Creation Living Offer

• Item (1): “Free Colours By Creation design studio voucher to the value of $10,000”

• Item (2): “Two Split Air Systems for $2,999”

• Item (3): “Free 3.3KW Energy Build Solar Package”

is available to homes in connection to the Promotion. The voucher applicable as follows and is subject to the following qualifications, terms and conditions:

In respect all homes:

• Item (1): The “Free $10,000 Colours By Creation Studio Voucher” is exclusively redeemable as a voucher for items within the “Creation Living” specification level up to the value of $10,000 when you choose to build a new home with Creation Homes (QLD) Pty Ltd.

• Item (2): The two (2) “Split Air Systems for $2,999” promotional item includes one (1) unit is provided to the master bedroom and one (1) unit is provided to the main living area. The specific air conditioner unit size will be determined by Creation Homes, varying based on the chosen home design. Consumer guarantees under the Australian Consumer Law may apply. Additionally, Fujitsu provides a 5-year warranty on the air conditioning unit and control. For more details, please consult the Fujitsu website.

• Item (3): The “Free 3.3KW Energy Build Solar Package” promotional item is applicable to single and double storey homes. The provided Jinko solar panel size may vary due to product availability, standard dimensions are 8mm D x 415mm W. The “3.3KW Energy Build Solar Package” comes with a 3KW Solax Inverter, Integrated Inverter Enclosure and Single-Stage Install and Commission. The installation process comprises solar completion at the roof stage, steel conduit with earth to safeguard follow-on trades, integration of the inverter enclosure into the wall, provision of free site power for customers with solar running from the roof stage, and a second call-up only required if a battery is being added. Additionally, Energy Build offers a minimum 12-year warranty on the parts, a 25-year performance guarantee, and a minimum 10-year warranty on the inverters and batteries. For more details and specifications about the “3.3KW Energy Build Solar Package” featured in this promotional item, consult with your Creation Homes New Home Specialist. This offer is valid only for homes built in Queensland. The inclusion of solar incentives is contingent upon Creation Homes access on behalf of the customer to applicable government solar incentives and programs. Creation Homes makes no representation or warranty regarding the availability, continuation, or amount of such incentives, and their provision is subject to changes in government policies, regulations, or other external factors beyond our control. The client acknowledges that the receipt of solar incentives is not guaranteed, and any decision by government authorities to modify, suspend, or terminate such incentives is beyond the control of Creation Homes. In the event that the builder is unable to secure solar incentives, the client understands that this will impact the cost or terms of “Free 3.3KW Solar Package”. By accepting the “Free 3.3KW Solar Package” the client agrees to hold Creation Homes harmless from any liability or claim arising out of the availability or lack thereof of solar incentives. Terms are subject to change by Creation Homes (QLD) Pty Ltd. QBCC Number: 1272561.

Option 2: Creation Flourish Offer

• Item (1): “Free Colours By Creation design studio voucher to the value of $15,000”

• Item (2): “Ducted Air Conditioning for Single Storey Homes for $2,999 or Double Storey Homes for $4,999”

• Item (3): “Free 3.3KW Energy Build Solar Package”

is available to homes in connection to the Promotion. The voucher applicable as follows and is subject to the following qualifications, terms and conditions:

In respect all homes:

• Item (1): The “Free $15,000 Colours By Creation Studio Voucher” is exclusively redeemable as a voucher for items within the “Creation Flourish” specification level up to the value of $15,000 when you choose to build a new home with Creation Homes (QLD) Pty Ltd.

• Item (2): The “Ducted Air Conditioning for Single Storey Homes for $2,999 or Double Storey Homes for $4,999” promotional item includes Fujitsu ducted air-conditioning comprising up to 4 zones and featuring a standard inverter.  The specific air conditioner unit size will be determined by Creation Homes, varying based on the chosen home design. Creation Homes will also determine the size of the unit, zones, and outlets, ensuring the inclusion of an isolating switch is based on underground power being available to the site. For further details and specifications about the ducted air conditioning available in this promotional item, please liaise with your Creation Homes New Home Specialist.

• Item (3): The “Free 3.3KW Energy Build Solar Package” promotional item is applicable to single and double storey homes. The provided Jinko solar panel size may vary due to product availability, standard dimensions are 8mm D x 415mm W. The “3.3KW Energy Build Solar Package” comes with a 3KW Solax Inverter, Integrated Inverter Enclosure and Single-Stage Install and Commission. The installation process comprises solar completion at the roof stage, steel conduit with earth to safeguard follow-on trades, integration of the inverter enclosure into the wall, provision of free site power for customers with solar running from the roof stage, and a second call-up only required if a battery is being added. Additionally, Energy Build offers a minimum 12-year warranty on the parts, a 25-year performance guarantee, and a minimum 10-year warranty on the inverters and batteries. For more details and specifications about the “3.3KW Energy Build Solar Package” featured in this promotional item, consult with your Creation Homes New Home Specialist. This offer is valid only for homes built in Queensland. The inclusion of solar incentives is contingent upon Creation Homes access on behalf of the customer to applicable government solar incentives and programs. Creation Homes makes no representation or warranty regarding the availability, continuation, or amount of such incentives, and their provision is subject to changes in government policies, regulations, or other external factors beyond our control. The client acknowledges that the receipt of solar incentives is not guaranteed, and any decision by government authorities to modify, suspend, or terminate such incentives is beyond the control of Creation Homes. In the event that the builder is unable to secure solar incentives, the client understands that this will impact the cost or terms of “Free 3.3KW Solar Package”. By accepting the “Free 3.3KW Solar Package” the client agrees to hold Creation Homes harmless from any liability or claim arising out of the availability or lack thereof of solar incentives. Terms are subject to change by Creation Homes (QLD) Pty Ltd. QBCC Number: 1272561.

ADDITIONAL CONDITIONS

In order to take advantage of the Promotion, you must choose (and you are only entitled to choose) one only of the above two Options.

In relation to Option 1 and Option 2, you will not be given a credit for the deletion of any Inclusion selected in the Colours By Creation design studio. Each of the Inclusions are not redeemable for cash and are not transferrable.

The “Embrace Queensland Living Promotion” is only valid only for homes built in Queensland. Terms are subject to change by Creation Homes (QLD) Pty Ltd. QBCC Number: 1272561.