Terms and Conditions

Terms and Conditions

AVID Website Terms of Use

This website is operated by AVID Property Group Holdings ABN 46 608 254 833 on its own behalf and on behalf of its related companies (AVID). A reference in these terms and conditions to ‘we’, ‘us’, or ‘our’ is a reference to AVID.

These are the Terms of Use that apply when you use our Website, regardless of how you access our website.

1 Acceptance and revision

These terms and conditions apply to your use of this website, located at the domain name www.avid.com.au.  Your use of this website indicates your acceptance of these terms and conditions (“website” or “site”). If you do not accept these terms and conditions, you should not use this website.

We may change these Terms of Use from time to time without giving you notice and those changes will take effect when they are posted on this website. Your continued use of this website will be taken as your acceptance of these Terms of Use as amended.

2 Website content

Any information provided on the site is for preliminary and general use only. We will endeavour to ensure that the information on the site is accurate and up to date. However, we do not warrant the currency and accuracy of any information on the site. You should not rely on it, or make any decision based on it, without making your own enquiries and obtaining any appropriate advice.

A reference to any currency on the site is a reference to Australian currency, unless specified otherwise.

3 Linked sites

This website may contain links to other websites operated by third parties (“Third Party Websites”). The links are provided for convenience only and we do not warrant that the links remain current or that they are maintained. We do not accept any responsibility for the security of content or privacy practices of the linked websites; that is the responsibility of the owners of those linked websites and we have no control over them.

AVID does not endorse or approve of the operators of Third Party Websites or the information, graphics, content, products or services contained on or referred to on those Third Party Websites (Third Party Material).  Your access to Third Party Websites may be governed by their own, separate terms of use.

AVID does not authorise the reproduction of Third Party Material by linking material on this website to Third Party Material. When you follow a link on this website, material on 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.

You may not place a link from any other website on this site without our prior written consent.

4 Intellectual property

All copyright in the site, including all text, images, graphics, logos and icons, are owned by or licensed to us. You may make a temporary copy of part of the site on your computer for the sole purpose of viewing it, and you may print a single hard copy of a whole page of the site for personal use. If you do so, you must ensure that any copyright notice on the page is not removed.

Except as permitted by these terms and conditions or any applicable law, you may not, without our prior written permission:

1. Adapt, reproduce, store, distribute, display, reverse-engineer, perform, publish, modify or create derivative works from any part of the site;
2. Cause any of the material contained on the site to be framed or embedded in another website; or
3. Commercialise any information, products, images, or services obtained from any part of the site.

Trademarks: ‘AVID PROPERTY GROUP’, ‘AVID PROPERTY’, ‘AVID’ and our ‘AVID’’ logo are registered trade marks that are proprietary to us. Some names of developments may be the subject of trade mark applications or registrations. We reserve all rights in relation to them. Other product and company names referred to on the site may be trade marks owned by third parties. The use of any trade mark on the website without the written permission of the trade mark owner is prohibited. You must not use any trademarks that appear on this website without the written consent of the trademark owner.

5 User conduct and 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. AVID reserves the right (in its absolute discretion) 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 must 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 use

In your use of the website you must not:

1. interfere in any way, or attempt to interfere with, the operation of the website or any other user’s use of the website;
2. do anything that imposes an unreasonable load on the infrastructure of the website;
   use any automatic device or manual process to monitor, copy or extract any content on this website (without our written permission);or
3. use the website, or attempt to do so, to violate the security of any computer network or to transfer or store any illegal material or to commit or take part in any illegal conduct.
4. take any steps to obtain unauthorised access to this website or any parts of it that are not open to public access;
5. disrupt or interfere with (or try to disrupt or interfere with):
   1. the website;
   2. any other user’s enjoyment of this website; or
   3. any services, system resources, accounts, servers or network connected to or accessible through this website;
6. engage or make attempts to engage in any kind of illegal, criminal or tortious activity through the (direct or indirect) use of the website;
7. use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this website without the express consent of AVID except as expressly authorised by these Terms of Use;
8. 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 AVID;
9. 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;
10. post or transmit to or through 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
11. 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.

6 Disclaimer of liability

To the maximum extent permitted by law, we exclude all liability to any person for any loss or damage, whether direct or indirect and however caused (including through negligence) that may be suffered as a result of use of the website or any material published on it, including but not limited to any interference or damage to that person’s computer system which arises as a result of the use of the site, a linked website or receipt of emails from us. Without limitation, and to the extent permitted by law, we specifically exclude any liability for all consequential losses and all indirect losses arising out of any use of, or reliance on, this website (including the material published on it from time to time).

To the maximum extent permitted by law, we exclude any terms, conditions, warranties or guarantees that would otherwise be implied into these terms and conditions. Where a term, condition, warranty or guarantee cannot by law be excluded, then that term, condition, warranty or guarantee will be included in these terms and conditions, but our liability in respect of any breach of that term, condition or warranty will be limited to the maximum extent permitted by law.

The website may include information about land, homes, apartments, and land and house package prices. This information is to be used as a guide only. Please refer to our terms and conditions in relation to offers in relation to the sale of land:

https://avid.com.au/terms-and-conditions/#land-terms-and-conditions

in relation to the sale of apartments:

https://avid.com.au/terms-and-conditions/#apartments-terms-and-conditions

and in relation to offers of house and land packages:

https://avid.com.au/terms-and-conditions/#house-and-land-terms-and-conditions

Any images and diagrams on the website should be used as a visual aid only and may not accurately reflect the development, the land and/or the house referred to or depicted.

7 Security

You acknowledge that the security of any data transmitted via the internet cannot be guaranteed. We cannot guarantee the security of any information you transmit to us via the site.

8 No warranties or representations

AVID 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.

AVID does not warrant or represent that your access to the site or emails received from us will be uninterrupted or error free or free of other harmful components. You must take your own precautions to ensure that your access to the site does not expose you to the risk of any viruses, malicious computer codes or other forms of interference that may damage your computer system.

Subject to any responsibilities implied by law and which cannot be excluded, AVID (and 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 legal costs and defence or settlement costs), whether direct, indirect or consequential, arising out of or referable to the content or this website (or material accessed through this website), or to access of the website by you, however caused, whether in contract, tort including negligence, statute or otherwise.

We do not warrant, or make any representations, in relation to any third party goods or services that may be referred to or depicted on the site.

We are not responsible for any contract you enter into with third parties, whose information was obtained through our website. For example, we are not responsible for any contract or other dealings with a builder whose building work or designs are displayed on the website.

9 Termination and suspension

AVID reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate this website and any goods or services offered by or through this website.

10 Privacy

AVID respects your privacy and handles personal information in accordance with its Privacy Policy which you can read here

That Privacy Policy applies to this website and it explains how personal data will be treated as you access and interact with this website.

11 Severability

If any one or more provision in these terms and conditions is void or for any reason unenforceable then that provision or provisions may be severed from these terms and conditions without affecting the validity and enforceability of the remaining provisions.

12 Governing Law

These terms and conditions, and your access to the site, are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts in New South Wales.

April 2020

13 Published Content and Webinars

All works published by AVID Property Group Holdings Pty Ltd (AVID Property Group) (whether online or otherwise) are for information purposes only. Except for any liability that cannot be excluded by law, AVID Property Group (including its officers, employees and agents) will not be liable or responsible for any loss or damage suffered or incurred by any person who relies upon any information provided on the site.

No part of any AVID Property Group published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from AVID Property Group.

The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of AVID Property Group or its subsidiaries. Where a published work includes a link or reference to a website of a third party, that website does not reflect the views of AVID Property Group and AVID Property Group is not responsible for and does not necessarily endorse that website. You need to make your own decisions about the accuracy, currency, and reliability of information in linked or referenced websites.

Neither AVID Property Group nor its authors guarantee the accuracy or completeness of any information published by AVID Property Group (whether online or otherwise) and neither AVID Property Group nor its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, arising out of use, inability to use, or with regard to the accuracy or sufficiency of the information contained in any AVID Property Group publication. Without limitation, and to the extent permitted by law, we specifically exclude any liability for all consequential losses and all indirect losses arising out of any use of, or reliance on, this website (including the material published on it from time to time).

No responsibility is assumed by AVID Property Group or its editors for any injury and/or damage to persons or property as a matter of product liability, negligence, or otherwise, or from any use or operation of any methods, product, instructions, or ideas contained in the published material.

Land Terms and Conditions

1 Vendor
In these terms and conditions, AVID Property Group means the relevant AVID Property Group entity that is the vendor of the land at the relevant development site and its related entities.
2 Land
2.1 General
(a) AVID Property Group is responsible only for the sale of land advertised by it for sale.
(b) The purchase of any land from AVID Property Group will be subject to the terms and conditions of a sale and purchase of land contract (Land Contract) with AVID Property Group.
2.2 Availability
(a) Land will only be available until sold and availability is subject to change without notice. Purchasers should contact an AVID Property Group sales consultant to confirm current availability.
(b) AVID Property Group takes no responsibility for and will not be liable due to the inability of AVID Property Group to sell any land due to circumstances beyond the control of AVID Property Group, or the unavailability of land.
2.3 Price
The prices advertised in relation to land are:
(a) correct as at the time of publication but are subject to change without notice;
(b) not inclusive of stamp duty, registration fees and any other fees or charges relating to the purchase of the land. Purchasers are liable for and will need to pay these fees and charges separately;
(c) subject to adjustments under the Land Contract, including but not limited to council rates, water rates and land tax; and
(d) not inclusive of any of the purchaser’s legal costs.

Purchasers should contact an AVID Property Group sales consultant to obtain further and current information in relation to pricing.
3 No reliance on photos, illustrations, images, diagrams, statements and descriptions
3.1 Visual aids
Photos, illustrations, images, diagrams, statements and descriptions are intended to be a visual aid only and may:
(a) show items or inclusions which do not form part of the land or the Land Contract; and/or
(b) contain inaccuracies or misdescriptions in relation to the land and the proposed development, including but not limited to location, size, use and boundaries of the land as well as the location or existence of any facilities, amenities or services.
3.2 Limited liability
(a) Purchasers should make their own enquires regarding the full specifications and limitations for any land they are interested in and satisfy themselves prior to entering into any Land Contract.
(b) AVID Property Group gives no warranty and makes no representation of whatever kind, express or implied, and no reliance should be place on the accuracy or sufficiency of any photograph, illustration, images, diagrams, statements and descriptions. AVID Property Group accepts no liability or responsibility for any loss or damage which may be suffered by any person who relies upon the information presented.
(c) To the extent permitted under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and any other applicable law, AVID Property Group will not be liable for any loss or damage suffered or incurred by a purchaser or any person who relied upon any advertising or other promotional material whether it be direct, indirect or consequential.
4 Encumbrances
Purchasers are responsible for ensuring that they comply with all easements, restrictions, covenants (including building covenants), legislative requirements, including council and authority approvals and design requirements applicable to the land.
5 General Terms
(a) The sale and purchase of the land is subject to the terms of the Land Contract. If there is any inconsistency between these terms and conditions and the Land Contract, the Land Contract prevails.
(b) All information provided by AVID Property Group is subject to change without notice, including these terms and conditions.
(c) Purchasers should make their own enquires and satisfy themselves as to whether the information and pricing provided is correct and current and obtain appropriate legal and financial advice before entering into any contract.
September 2022

Vantage Terms and Conditions

1 Community Owner

In these terms and conditions, Vantage by AVID means the relevant Vantage or AVID Property Group entity that is the Community Owner at the relevant Community including its subsidiaries and related entities (Vantage).

2 General Terms

Vantage by AVID Homes are houses and site agreements to occupy at the relevant Vantage Community. The homes are sold pursuant to a Home Purchase Agreement and subject to the purchaser entering into a site agreement for a residential site at the Community (Home Purchase Agreement and Site Agreement, together the Agreements).

The Home Purchase Agreement and the Site Agreement are subject to the terms contained in the Agreements. If there is any inconsistency between these terms and conditions and the relevant Agreements, the Agreements prevail.

All information provided by Vantage is subject to change without notice, including these terms and conditions.

Purchasers should make their own enquiries and satisfy themselves as to whether the information and pricing provided are correct and current and obtain appropriate legal and financial advice before entering into any agreement.

3 Vantage by AVID Agreements

3.1  Inclusions

The specifications, inclusions and finishes specific to the chosen home are contained in the Home Purchase Agreement and the purchaser should make its own enquiries regarding the suitability of the home, including its design, layout, finishes and inclusions for any particular purpose of the purchaser.

3.2  Occupation

Occupation of the residential site is a leasehold right only and subject to payment of the site fees as set out in the Site Agreement. The Site Agreement may, in limited circumstances set out in the relevant Act, be terminated. Purchasers will be liable for utilities and telecommunication usage and may be liable for utilities and telecommunication connection in accordance with the terms of the Site Agreement.

3.3  Availability

(a) Vantage by AVID Homes are only available at specific Communities. Vantage by AVID Homes will only be available until sold and are subject to change without notice. Purchasers should contact a Vantage sales consultant to confirm availability.

(b) Vantage will not be liable due to the inability of Vantage to offer for sale a Vantage by AVID Home for a relevant Community.

3.4  Price

The prices advertised in relation to Vantage by AVID Homes are:

(a) based on figures available to Vantage as at the time of publication and are subject to change without notice;

(b) not inclusive of stamp duty (if any) on the Agreements and any other fees or charges relating to the purchase of the Vantage by AVID Home and Purchasers will need to pay these fees and charges separately (where applicable);

(c) subject to adjustments under the Agreements; and

(d) not inclusive of any of the purchaser’s legal costs.

Purchasers should contact a Vantage sales consultant to confirm pricing and obtain a copy of the relevant Agreements.

4 No reliance on photos, illustrations, images, diagrams, statements and descriptions

4.1 Visual aids

Photos, illustrations, images, diagrams, statements and descriptions are intended to be a visual aid only and may:

(a) show items or inclusions which do not form part of the Vantage by AVID Home; and / or

(b) contain inaccuracies or misdescriptions in relation to the house and/or site area and the proposed development including, but not limited to, location, size, use and boundaries of the site area as well as the location or existence of any facilities, amenities or services; and / or

(c) contain artist impressions that cannot be relied upon or dimensions, colours, areas or layouts that are subject to change; and / or

(d) be indicative only and subject to change without notice; and / or

(e) include furniture or vehicles that are not included in the sale of the Vantage by AVID Home; and / or

(f) not depict the actual development, land or Vantage by AVID Home.

4.2  Limited liability

(a) Purchasers should make their own enquiries regarding the full specifications and inclusions for any Vantage by AVID Home they are interested in and satisfy themselves fully prior to entering into any Agreements.

(b) Vantage and AVID Property Group gives no warranty and makes no representation of whatever kind, express or implied, and no reliance should be place on the accuracy or sufficiency of any photograph, illustration, images, diagrams, statements and descriptions. Vantage and AVID Property Group accepts no liability or responsibility for any loss or damage which may be suffered by any person who relies upon the information presented.

(c) To the extent permitted under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and any other applicable manufacturing or moveable housing law, Vantage and AVID Property Group will not be liable for any loss or damage suffered or incurred by a purchaser or any person who relied upon any advertising or other promotional material whether it be direct, indirect or consequential.

February 2024

Villaworld Homes Terms and Conditions

1 Vendor

In these terms and conditions, AVID Property Group means the relevant AVID Property Group entity that is the vendor at the relevant development site including its subsidiaries and related entities (AVID).

2 General Terms

Villaworld Homes consist of land and a house. The house is constructed by AVID Developments Pty Ltd, a licensed building entity and subsidiary of AVID Property Group. Villaworld Homes are sold in a single “turnkey” contract (Contract).

 The purchase of a Villaworld Home is subject to the terms of the Contract with AVID Property Group. If there is any inconsistency between these terms and conditions and the relevant Contract, the Contract prevails.

All information provided by AVID is subject to change without notice, including these terms and conditions.

Purchasers should make their own enquiries and satisfy themselves as to whether the information and pricing provided are correct and current and obtain appropriate legal and financial advice before entering into any contract.

3 Villaworld Homes

3.1  Inclusions

The specifications, inclusions and finishes specific to the chosen home are contained in the Contract and the purchaser should make its own enquiries regarding the suitability of the home, including its design, layout, finishes and inclusions for any particular purpose of the purchaser.

3.2  Availability

(a) Villaworld Homes are only available on  specific developments. Villaworld Homes will only be available until sold and are subject to change without notice. Purchasers should contact an AVID sales consultant to confirm availability.

(b) AVID will not be liable due to the inability of AVID to offer for sale a Villaworld Home.

3.3  Price

The prices advertised in relation to Villaworld Homes are:

(a) based on figures available to AVID as at the time of publication and are subject to change without notice;

(b) not inclusive of stamp duty on the Contract registration fees and any other fees or charges relating to the purchase of the Villaworld Home and Purchasers will need to pay these fees and charges separately;

(c) subject to adjustments under the Contract, including but not limited to council rates, water rates and land tax; and

(d) not inclusive of any of the purchaser’s legal costs.

Purchasers should contact a Villaworld sales consultant to confirm pricing and obtain a copy of the relevant Contract.

4 No reliance on photos, illustrations, images, diagrams, statements and descriptions

4.1  Visual aids

Photos, illustrations, images, diagrams, statements and descriptions are intended to be a visual aid only and may:

(a) show items or inclusions which do not form part of the Villaworld Home; and/or

(b) contain inaccuracies or misdescriptions in relation to the house and/or land and the proposed development including, but not limited to, location, size, use and boundaries of the land as well as the location or existence of any facilities, amenities or services; and/or

(c) contain artist impressions that cannot be relied upon or dimensions, colours, areas or layouts that are subject to change; and/or

(d) be indicative only and subject to change without notice; and/or

(e) include furniture or vehicles that are not included in the sale of the Villaworld Home; and/or

(f) not depict the actual development, land or Villaworld Home.

4.2  Limited liability

(a) Purchasers should make their own enquiries regarding the full specifications and inclusions for any Villaworld Home they are interested in and satisfy themselves fully prior to entering into any Contract.

(b) AVID Property Group gives no warranty and makes no representation of whatever kind, express or implied, and no reliance should be place on the accuracy or sufficiency of any photograph, illustration, images, diagrams, statements and descriptions. AVID Property Group accepts no liability or responsibility for any loss or damage which may be suffered by any person who relies upon the information presented.

(c) To the extent permitted under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and any other applicable law, AVID Property Group will not be liable for any loss or damage suffered or incurred by a purchaser or any person who relied upon any advertising or other promotional material whether it be direct, indirect or consequential.

September 2022

Apartments Terms and Conditions

1 Vendor

In these terms and conditions, AVID Property Group means the relevant AVID Property Group entity that is the vendor of the property at the relevant development site and its related entities.

2 Apartment

2.1 General

(a) AVID Property Group is responsible only for the sale of the property advertised by it for sale.

(b) The purchase of any property from AVID Property Group will be subject to the terms and conditions of the contract (Apartment Contract) with AVID Property Group.

2.2 Availability

(a) A property will only be available until sold and availability is subject to change without notice. Purchasers should contact an AVID Property Group sales consultant to confirm availability.

(b) AVID Property Group takes no responsibility for and will not be liable due to the inability of AVID Property Group to sell any property due to circumstances beyond the control of AVID Property Group, or the unavailability of a property.

2.3 Price

The prices advertised in relation to property are:

(a) correct as at the time of publication but are subject to change without notice;

(b) not inclusive of stamp duty, registration fees and any other fees or charges relating to the purchase of the property. Purchasers are liable for will need to pay these fees and charges separately;

(c) subject to adjustments under the Contract, including but not limited to council rates, water rates and land tax; and

(d) not inclusive of any of the purchaser’s legal costs.

Purchasers should contact an AVID Property Group sales consultant to obtain further and current information in relation to pricing.

3 No reliance on photos, illustrations, images, diagrams, statements and descriptions

3.1 Visual aids

Photos, illustrations, images, diagrams, statements and descriptions are intended to be a visual aid only and may:

(a) show items or inclusions which do not form part of the property or the Contract; and/or

(b) contain inaccuracies or misdescriptions in relation to the property and the proposed development, including but not limited to location, size, use and location or existence of any facilities, amenities or services.

3.2 Limited liability

(a) Purchasers should make their own enquires regarding the full specifications and limitations for any property they are interested in and satisfy themselves prior to entering into any Contract.

(b) AVID Property Group gives no warranty and makes no representation of whatever kind, express or implied, and no reliance should be place on the accuracy or sufficiency of any photograph, illustration, images, diagrams, statements and descriptions. AVID Property Group accepts no liability or responsibility for any loss or damage which may be suffered by any person who relies upon the information presented.

(c) To the extent permitted under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and any other applicable law, AVID Property Group will not be liable for any loss or damage suffered or incurred by a purchaser or any person who relied upon any advertising or other promotional material whether it be direct, indirect or consequential.

4 Encumbrances

Purchasers are responsible for ensuring that they comply with all bylaw instruments, strata management statements, easements, restrictions, covenants (including building covenants), legislative requirements, including council and authority approvals and design requirements or architectural codes applicable to the property.

5 General Terms

(a) The sale and purchase of the property is subject to the terms of the Contract. If there is any inconsistency between these terms and conditions and the Contract, the Contract prevails.

(b) All information provided by AVID Property Group is subject to change without notice, including these terms and conditions.

(c) Purchasers should make their own enquires and satisfy themselves as to whether the information and pricing provided is correct and current and obtain appropriate legal and financial advice before entering into any contract.

September 2022

House and Land Terms and Conditions

1 Vendor

In these terms and conditions, AVID Property Group means the relevant AVID Property Group entity that is the vendor of the land at the relevant development site and its related entities.

2 House and Land Packages

2.1 General

House and land packages are created by builders that are not related to, or associated with, AVID Property Group. These packages consist of land and a house (House and Land Packages), which are sold separately. AVID Property Group is responsible for the sale of land only. Purchasers will need to enter into:

(a) the sale and purchase of land contract with AVID Property Group (Land Contract); and

(b) a separate contract with the relevant builder for the construction of the house on the land (Building Contract).

The sale and purchase of the land as part of the House and Land Package is subject to each of the terms of the Land Contract and the Building Contract. If there is any inconsistency between these Terms & Conditions and the Land Contract or the Building Contract, then the terms of the Land Contract or Building Contract will prevail.

All information provided by AVID Property Group is subject to change without notice, including these terms and conditions.

Purchasers should make their own enquires and satisfy themselves as to whether the information and pricing provided is correct and current and obtain appropriate legal and financial advice before entering any Land Contract or Building Contract.

2.2 Availability

(a) House and Land Packages are based on specific house and land combinations. Alternative house and land combinations will be subject to availability and different pricing. The House and Land Packages will only be available until sold and are subject to change without notice. Purchasers should contact an AVID Property Group sales consultant and the builder of the house in their chosen package (Builder) to confirm availability.

(b) AVID Property Group will not be liable due to the inability of AVID Property Group and/or the relevant Builder to offer for sale a House and Land Package, or provide any aspect of the House and Land Package.

2.3 Price

The prices advertised in relation to House and Land Packages:

(a) may be estimates only, based on the price of the land and the housing cost component, which is subject to final tender by the Builder on the basis of agreed specifications (as between the Purchaser and the Builder)

(b) may be based on figures available to AVID Property Group as at the time of publication and are subject to change without notice;

(c) may be based on the relevant Builder’s standard specifications and inclusions for the house as provided to AVID Property Group by the Builder. The price may be subject to exclusions such as site establishment costs, landscaping, fencing and any other exclusion nominated by the Builder (further details regarding the specifications and inclusions for the house should be obtained directly from the Builder by the purchaser);

(d)  are not inclusive of stamp duty on the Land Contract or the Building Contract, registration fees and any other fees or charges relating to the purchase of the land and Purchasers are liable for and will need to pay these amounts;

(e) are subject to adjustments under the Land Contract, including but not limited to council rates, water rates and land tax; and

(d) not inclusive of any of the purchaser’s legal costs.

Purchasers should contact an AVID Property Group sales consultant and their chosen Builder to confirm pricing and obtain the Land Contract and Building Contract.

3 No warranties, representations or liability – Builder and Building Contract

The Builder and AVID Property Group are separate and unrelated entities. The Building Contract as between the Purchaser and the relevant builder is for the construction of the house on the land (Building Works). The Building Contract is a:

• contract for residential building work within the meaning of the Home Building Act 1989 (NSW);
• contract to carry out domestic building work within the meaning of the Queensland Building and Construction Commission Act 1991 (QLD);
• contract to carry out, or to arrange or manage the carrying out of, domestic building work within the meaning of the Domestic Building Contracts Act 1995 (VIC).

The Land Contract is not a contract for residential building work within the meaning of the Home Building Act 1989 (NSW); a contract to carry out domestic building work within the meaning of the Queensland Building and Construction Commission Act 1991 (QLD); or a contract to carry out, or to arrange or manage the carrying out of, domestic building work within the meaning of the Domestic Building Contracts Act 1995 (VIC).

AVID Property Group has no relationship with, and will not carry out, the Building Works. AVID Property Group makes no representations in relation to, and does not warrant that the Building Works (including any fixtures and fittings) when completed:

(a) will be constructed using the same plans and specifications, standard of workmanship or quality of materials as were used for the construction of any display home or other homes constructed by the Builder; and

(b) will be identical in every respect with any display home or promotional material used by AVID Property Group or the Builder for sales purposes.

The colours, finishes, facades, appliances and other inclusions in the Building Works may differ to those that appear in any similar homes constructed by the Builder that the purchaser has or may have inspected.

AVID Property Group makes no representations, gives no warranties and will not be liable or responsible for:

(a) any act omission or negligence of the Builder or its employees, agents or contractors arising out of or in connection with the Building Contract or the construction of the Building Works including defects or any failure by the Builder to rectify defects; and

(b) any loss and damage arising out of or relating to the Builder, the Building Contract and/or the Building Works including, but not limited to, any delays in construction however caused; and

(c) any representations or warranties made by the Builder including but not limited to any promotional offers and incentives, which may be offered by a Builder but which fall outside of the advertised House and Land Package. Purchasers should make appropriate enquires with the Builder and others regarding any representations made by the Builder.

Purchasers should make their own enquiries in relation to the Builder and the house to be constructed and satisfy itself in relation to the Builder, the Building Contract, the Building Works and the fitness or suitability of the Building Works for any particular purpose of the purchaser.

4 No reliance on photos, illustrations, images, diagrams, statements and descriptions

4.1 Visual aids

Photos, illustrations, images, diagrams, statements and descriptions are intended to be a visual aid only and may:

(a) show items or inclusions which do not form part of the House and Land Packages; and/or

(b) contain inaccuracies or misdescriptions in relation to the land and the proposed development including, but not limited to, location, size, use and boundaries of the land as well as the location or existence of any facilities, amenities or services; and/or

(c) not depict the actual development, land or house

4.2 Limited liability

(a) Purchasers should make their own enquires regarding the full specifications and inclusions for any House and Land Package they are interested in and satisfy themselves prior to entering into any agreements or contracts.

(b) AVID Property Group gives no warranty and makes no representation of whatever kind, express or implied, and no reliance should be place on the accuracy or sufficiency of any photograph, illustration, images, diagrams, statements and descriptions. AVID Property Group accepts no liability or responsibility for any loss or damage which may be suffered by any person who relies upon the information presented.

(c) To the extent permitted under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and any other applicable law, AVID Property Group will not be liable for any loss or damage suffered or incurred by a purchaser or any person who relied upon any advertising or other promotional material whether it be direct, indirect or consequential.

5 Encumbrances

(a) Purchasers are responsible for ensuring that the house constructed on the land as part of the House and Land Package complies with all easements, restrictions, covenants (including building covenants), legislative requirements, including council and authority approvals and design requirements applicable to the land (Encumbrances).

(b) Alterations may be required to be made to an advertised house as part of the House and Land Package to ensure it complies with any Encumbrances applying to the land. These alterations may increase the cost of construction and the purchaser will be liable for these costs.

September 2022

Community Sponsorship and Grants Program Terms and Conditions

Schedule to Terms and Conditions

How to Participate
The applicant (You/Applicant) must complete AVID’s Community Sponsorship and Grants Program Application form online and successfully submit the Application with adequate supporting material

Who can participate
For eligibility requirements, please refer to the AVID’s Community Sponsorship and Grants Program Application Guidelines on our website

Should You be successful, You must agree to the following conditions of the Grant:
1. In consideration of receiving the Grant You must perform the Project in accordance with these Terms and Conditions and as set out in the notification of approval letter, unless otherwise agreed in writing by AVID Property Group (AVID).
2. The Grant Amount must not be used for any purpose other than that for what the Grant was approved, as per the Project Description.
3. The Grant Amount will be paid in full following receipt of the following (unless or as specified separately agreed in the Special Conditions):
     a. Signed Terms and Conditions of Funding form;
     b. Completed New Supplier Information form;
     c. Copies of current relevant insurances, as indicated in the New Supplier Information form; and
     d. A tax invoice for the Grant amount addressed to AVID Property Group,
Level 5, 7 Macquarie Pl, Sydney NSW 2000
4. Where the actual total Project costs are more than the proposed Project costs, AVID will not be responsible nor obliged to pay any monies in addition to the Grant Amount.
5. Where the actual total Project costs are less than the proposed Project costs, you must notify AVID immediately. If applicable, a refund of unused Grant Amount may be requested by AVID at the time of fully acquitting the Grant.
6. If You use the Grant Amount for a purpose different to the Approved Purpose without the prior written consent of AVID, or fail to expend the Grant monies at all, or fail to acquit the Grant within the agreed time frame then:
     a. AVID is not required to make any further payment to You and, in respect of any payments that have been made, You are required to repay that part of the Grant Amount to AVID otherwise AVID may initiate proceedings to recover the monies so paid, as a liquidated debt; and
     b. You will be prohibited from receiving any further Grants or other funding from AVID.
7. You must obtain all appropriate permits, approvals, insurance required to legally conduct the Project.
8. You must complete the online acquittal report by the due date. This report should include a financial summary and an outline of what was achieved through AVID’s funding support in sufficient detail to establish how the Grant Amount was used, together with such other detail as AVID may reasonably require. It is a requirement that you demonstrate how AVID is acknowledged for funding the Grant Amount.
9. You will acknowledge AVID’s contribution to the Project in the following ways:
     a. Logo appearance in promotional materials:
          • AVID’s corporate logo and/or Project specific logo must appear prominently in all promotional and publicity activity, material and publications relating to the Project including the text, ‘Proudly supported by AVID Property Group’.
          • AVID will provide You with electronic logo files for this purpose. AVID will also supply Acknowledgement Guidelines with details of use.
          • You must comply with the Acknowledgment Guidelines and submit the final artwork to AVID for approval prior to production, to ensure logo appearances are correct.
     b. Written Project Descriptions: AVID’s acknowledgement line: ‘Proudly supported by AVID Property Group’ must appear as part of any written Project Description appearing in communication channels such as:
          • other digital applications
          • annual reports
          • media statements
          • correspondence to supporters, members, Applicants, etc.
          • promotion videos
          • events (including speeches/MC notes)
          • newsletters
     c. Display banners
AVID’s display banners must be displayed whenever possible at Project-related events such as launches, openings, stage areas, media events etc. AVID has a limited number of display banners available for loan for this purpose.
You are responsible for contacting AVID to make advance bookings for appropriate items. You are also responsible for pick-up and return of loan items and for taking reasonable care of the items while on loan. Evidence (including samples or photographic images) that these conditions of acknowledgement have been met during the course of your funded Project must be forwarded to AVID as part of its acquittal documentation
10. You will keep and maintain such records and accounts (including all receipts and invoices) in accordance with accounting principles generally applied in commercial practice and as required by law, and as necessary to provide a complete, detailed record and explanation of:
     a. expenditure of the Grant Amount for the Approved Purpose;
     b. other expenditure on the Project (including any in-kind contributions); and implementation and progress of the Project.
11. You acknowledge that AVID may use photographs, brochures, posters and any marketing material that demonstrate what has been achieved through AVID’s Grant.
12. If you obtain personal information as defined by the Privacy Act 1988 (Cth), you will not use that Personal Information in any manner that is contrary to the Act and you will immediately notify AVID if you become aware of a Privacy breach or possible breach.
13. Any dispute arising out of the Grant and these Terms and Conditions will be dealt with initially by direct negotiation between the parties. If the dispute is not resolved within 10 business days, the parties will submit the dispute to mediation or some other form of dispute resolution procedure, the decision of which will be binding on the parties.
14. By accepting any payment (whether in whole or in part) of the Grant Amount from AVID, you will be deemed you have accepted the Special Conditions.

Terms and Conditions Section 1 – General
1. The Application Guidelines and Application form part of these terms and conditions.
2. By participating in the Grants Program, You accept and agree to be bound by these terms and conditions. For the avoidance of doubt, these terms and conditions include the Schedule above.
3. Successful applicants of AVID’s Community Sponsorship and Grants Program must comply with these Terms and Conditions to receive the benefit of the Grant or sponsorship.
4. Where there is an inconsistency between the Schedule and Sections 1 to 6 of these terms and conditions the Schedule will prevail.
5. Any dispute in relation to the eligibility to participate in the Program or receive the Grant Amount will be determined by the AVID in its absolute discretion. AVID’s decision will be final and binding on the Applicant.
6. In these terms and conditions, and in any marketing materials or communications in relation to the Community Sponsorship and Grants Program, “AVID” means the relevant AVID Property Group Holdings (ABN 87 098 527 390) and its related entities.
7. AVID reserves the right to vary the Terms and Conditions as they apply to each Project.
8. Always refer to the signed Terms and Conditions provided when Your Project was approved for the Terms and Conditions that apply to Your Project

Terms and Conditions Section 2 – Who can participate
9. Directors and employees (and their immediate families) of the AVID or its related companies or agencies are not eligible to participate. Immediate families means spouse, ex-spouse, de facto partner, ex-de facto partner, child, step-child, parent, step-parent, legal guardian, sibling or step-sibling.
10. The Applicant must satisfy the Eligibility criteria in the Application Guidelines.

Terms and Conditions Section 3 – How to participate
11. To participate in the Grants Program, You must comply with the ‘How to Participate’ section of the Schedule.
12. AVID reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Grants Program of all Applicants. AVID reserves the right to disqualify any Applicant who provides false information or fails to provide information that is reasonably requested by the AVID.
13. AVID reserves the right, in its sole discretion, to reject any Applicant who has:
     a. provided incomplete, indecipherable, incorrect and/or offensive material as part of their participation in the Grants Program,
     b. breached any of these terms and conditions; and/or
     c. contravened any applicable laws or regulations or otherwise engaged in unlawful or improper conduct.
14. Your eligibility to receive a Grant is solely within the discretion of the AVID.
15. AVID accepts no responsibility for late, lost or misdirected communications.
16. If participation in the Grants Program is online, by telephone or SMS, AVID assumes no responsibility for any failure to receive any information or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then AVID may modify, cancel, terminate or suspend the Grants Program.
17. If participation in the Grants Program requires access to Facebook, Applicants acknowledge and agree that use of Facebook is subject to Facebook’s terms and conditions. AVID is not responsible or liable for any loss, damage or injury suffered by any Applicant as a result of the conduct of Facebook, including any decision by Facebook to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Facebook as part of this Grants Program are not necessarily endorsed or supported by AVID and AVID does not confirm, guarantee or warrant their accuracy.
18. If participation in the Grants Program requires access to Instagram, the Applicants acknowledge and agree that use of Instagram is subject to Instagram’s terms and conditions. AVID is not responsible or liable for any loss, damage or injury suffered by any Applicant as a result of the conduct of Instagram, including any decision by Instagram to remove or not remove any content, except for liability which cannot be excluded by law.
The opinions and images uploaded on Instagram as part of this Grants Program are not necessarily endorsed or supported by AVID and AVID does not confirm, guarantee or warrant their accuracy.

Terms and Conditions Section 4 – Grant Amount
19. Each Grant Amount is not transferrable or exchangeable.
20. All taxes (excluding GST, if any) which may be payable as a consequence of receiving a Grant Amount are the sole responsibility of the Applicant.
21. The Applicant’s use of the Grant Amount is entirely at their own risk. Before the Grant Amount is provided, the Applicant may be required to sign an agreement to release AVID from and indemnifying the AVID against any liability arising from or in connection with the Grant.
22. Any taxes, duties, levies or similar charges payable in relation to the receipt of the Grant Amount are assigned to and are the responsibility of the Applicant.

Terms and Conditions Section 5 – Receiving the Grant Amount
23. The eligibility of Applicants to receive the Grant Amount is solely within the discretion of AVID.
24. AVID reserves the right to request each Applicant to provide proof of their identity and/or proof that they were responsible for participating in the Grants Program.
25. Each Applicant agrees to participate and cooperate, as required, in all publicity activities relating to the Grants Program, including, without limitation, being interviewed, photographed, filmed and recorded. Each Applicant authorises AVID to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
26. It is the responsibility of each Applicant to notify AVID of any change to their contact details.
27. AVID reserves the right to vary the terms of, or cancel, the Grants Program at any time without liability to any Applicant or other person, subject to applicable laws. These changes may include varying or withdrawing the Grants Program.
28. All information provided is subject to change without notice. Applicants should make their own enquiries and satisfy themselves as to whether the information provided is current and correct and if appropriate, seek appropriate advice before submitting the Application.

Terms and Conditions Section 6 –Limit on Liability
29. By making the Application, the Applicant is indicating his or her agreement to be bound by these Terms and Conditions.
30. In consideration for AVID entering into this contract with the Applicant and offering an the Grant Amount in accordance with these Terms and Conditions the Applicant agrees to release and indemnify AVID and each of its officers, employees and agents in respect of all claims, liabilities, losses and causes of action whatsoever arising directly or indirectly out of or in connection with the Grant and any purchase made pursuant to it.
31. AVID gives no warranty and makes no representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained in any advertisement relating to the Grants Program, or any information or statements made or given by its employees, agents or contractors concerning the Grants Program, and, except for any liability which cannot be excluded by law, will not be liable for any loss or damage suffered or incurred by any party who relies upon the information in any such Grants Program, advertisement, publication or statement

Terms and Conditions Section 6 – Privacy
32. AVID will collect and use each Applicant’s personal information for the purposes of:
     a. conducting the Grants Program (which may include disclosure to third parties for the purpose of processing and conducting the Grants Program) and for Grants Program purposes, public statements and advertisements in relation to the Grants Program;
     b. providing information to the Applicant about the products and services offered by the AVID and its related companies; and
     c. research to improve its products and services.
33. By participating in the Grants Program, Applicants consent to the use of their personal information as described in clause.
34. Any personal data relating to the Applicant will be used solely in accordance with current Australian data protection and privacy legislation, and in accordance with the AVID Privacy Policy https://www.avid.com.au/privacy-policy/
35. Applicants may access, change, opt out and/or update their personal information in accordance with the AVID’s privacy policy.