This website is operated by Kings Hill Development (“KHD”, “we”, “our” or “us”) under the domain name www.kingshill.com.au (the “Website”). These terms of use and the KHD Privacy Policy apply to the Website (the “Terms of Use”).

In addition to the terms contained on this page, there are specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of this Website.

You agree to be bound by any and all such additional terms. KHD recommends you review them wherever they are accessible by you on the Website. In the event of any inconsistency between the provisions of the Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

By proceeding beyond the homepage of the Website, you agree that you accept the Terms of Use. In return, KHD agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with the Terms of Use (the “Licence”).

KHD may revise the Terms of Use from time to time without notice. Any such revision will take effect when it is posted on the Website. Your continued use of this Website will be regarded as your acceptance of the Terms of Use as amended from time to time.

Pursuant to the Licence and subject to the absolute right of KHD to vary access to any and all part(s) of the Website, you acquire a non-exclusive right to:

• • view the material on the Website;
  • access material contained on the Website; and
  • use the Website strictly in accordance with the provisions of the Terms of Use of the Licence.

Website content

KHD is either the owner or the licensed user of the copyright in the materials and information on this Website including, without limitation, any logo, design, floorplans, text, graphic, and their arrangement (the “Content”). Unless otherwise indicated, you must not copy, distribute, republish, download, display, post, or transmit the Content in any form or by any means without the prior written consent of KHD or the written consent of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless otherwise expressly permitted, you must not do anything to alter, modify, or add to the Content.

Any comments or materials sent to us through the Website including feedback data, questions, comments, and suggestions (“Feedback”), will be deemed to be non-confidential. KHD has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform, and distribute the Feedback to others without limitation. In addition, KHD will be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such Feedback.

KHD reserves the right to remove any Content from the Website at any time and for any reason including, but not limited to, upon receipt of claims and/or allegations from third parties or authorities relating to such Content.

Links to other websites

The Website may contain links to other websites operated by third parties (the “Third Party Websites”). KHD does not endorse or approve of the operators of Third Party Websites, or the information, graphics, and material on those Third Party Websites (“Third Party Material”).

KHD makes no warranties or representations:

• • regarding the quality, accuracy, merchantability, or fitness for purpose of any Third Party Material or products or services available through Third Party Websites; or
  • that Third Party Material does not infringe the intellectual property rights of any person. KHD is not authorizing the reproduction of Third Party Material by linking any material on this Website to Third Party Material.

When you follow a link on the Website, material from a Third Party Website may be displayed in your browser framed by material on this Website. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. As such offers and statements are made on the Website, such offers and statements are made by KHD on behalf of the operator. KHD expressly disclaims acting in any other respect on behalf of Third Party Website operators.

KHD may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from this Website.

A link to a Third Party Website does not mean that we endorse the content of that website. Your access to Third Party Websites may be governed by their own terms of use.

Trademarks

The KHD name and any and all other associated trademarks are trademarks of KHD.

Any other trademarks appearing on this Website are the trademarks of the relevant owner(s). You agree not to use any trademark(s) that appear on this Website without the written consent of the trademark owner.

Your conduct when using the website

You acknowledge and accept that your use of the Website indicates your acceptance of the terms of this Licence and that you are responsible for all of your activity in connection with accessing the Website.

In accessing the Website, you must not:

• • take any steps to obtain unauthorized access to this Website or any parts thereof that are not open to public access;
  • disrupt or interfere with or make attempts to disrupt or interfere with:
    • the Website;
    • any other users’ enjoyment of this Website or Third Party Websites; or
    • any services, system resources, accounts, servers, or network connected to or accessible through this Website or Third Party Website,
  • engage or make attempts to engage in any kind of illegal, criminal, or tortious activity of any kind whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;
  • copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form on this Website without the prior written consent of KHD except as expressly authorized by this Licence;
  • use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of KHD;
  • take, or attempt to take any action that imposes an unreasonable or large load on the infrastructure of the Website;
  • reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
  • post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory, or offensive material or publication; or
  • use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.

User responsibility

In accessing this Website, you acknowledge and agree that:

• • you must comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities on this Website. KHD reserves its absolute right to report potentially criminal activity to appropriate law enforcement agencies;
  • any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
  • if KHD issues you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorized or not; and
  • you have exercised your own personal judgment and have not relied on any representation made by KHD which has not been expressly stated in this Licence or upon any descriptions or images and/or specifications contained in any document including catalogues or publicity material produced by KHD regardless of whether any such material may be out of date or superseded.

Disclaimers

While KHD has endeavored to ensure that all information provided on the Website is complete, accurate, and up to date, the Content and this Website are provided on an “as is” basis. Images and diagrams on this Website are intended to be a visual aid only and may not necessarily accurately depict the object described. KHD takes no responsibility for any error or omission relating to this information of any kind whatsoever. The existence of inaccurate, incomplete, or outdated material on this Website will not result in KHD being in breach of the terms of the Licence.

KHD:

• • disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement;
  • will not be liable to you for any cost, loss, or damage suffered by you through your use of the Website or KHD’s failure to provide access to the Website or any Third Party Websites or any information updates.

The Content may contain general information about KHD’s products and services. Unless expressly stated otherwise, the Content does not:

• • constitute an offer or inducement to enter into a legally binding contract;
  • form part of the terms and conditions for KHD’s products and services;
  • purport to provide you with personal financial or investment advice of any kind whatsoever; or
  • take account of your particular financial position or circumstances.

Your use of this Website including all Content, data, or software distributed by, downloaded, or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own inquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions, and statements contained in this Website.

Warranties

KHD does not warrant or make any representations:

• • that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website;
  • in relation to the use or the results of the use of the Content or this Website as to their correctness, accuracy, reliability, or otherwise;
  • that use of this Website will be compatible with the hardware and software you are using to access it; or
  • that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.

KHD will not be liable for any indirect or consequential losses of any kind whatsoever arising out of a breach of this Licence, or arising out of the supply of a defective program or incorrect materials.

KHD (including our related bodies corporate, directors, officers, employees, agents, and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims, and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect, or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on KHD, or implied into this Licence, under any law are hereby excluded.

KHD reserves the right to make any change, add, or remove any material in or from this Website without notice. KHD may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

Indemnity

You agree to indemnify and keep KHD (and its related bodies corporate, directors, officers, employees, agents, and contractors) fully indemnified from any claim, action, demand, loss, or damage made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of the provisions of the Licence, or your breach of any rights of third parties.

Termination and suspension

KHD reserves the right without notice and in its sole and absolute discretion, to discontinue, suspend, or terminate any service offered by or through this Website as well as the Website itself at any time. All provisions of this Licence which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, and indemnities.

Waiver

Failure or neglect by KHD to enforce any of the provisions of this Licence shall not be construed or deemed to be a waiver of the rights of KHD under this Licence.

No waiver by KHD of its rights under this Licence shall be deemed a waiver of any other term or provision and shall be limited to a single waiver, limited to the specific circumstances under which such waiver was granted.

Currency

Unless otherwise stated, a reference to “$” or “dollars” throughout this Website is a reference to Australian currency.

Privacy

KHD respects your privacy. The KHD Privacy Policy applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed on the privacy page of this website.

Severability

If any parts of this Licence are deemed unlawful, void, or for any reason unenforceable then that provision is deemed to be severed from the Licence and it will not affect the validity and enforceability of the remaining provisions of the Licence.

Applicable law

The Licence is governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Effective: 21 May 2024