Terms and Conditions Details

Revision Date: 1st June 2010

As part of your online registration to tierravista.com it is necessary for us to collect certain personal information about you, such as your name and contact details. This information will be used by Lend Lease Corporation (ACN 000226228) and any of its subsidiaries, (referred to throughout this document as Lend Lease) for administrative functions associated with your registration and to provide services to you by telephone, mail and/or email regarding upcoming events, community news and other ongoing changes to tierravista.comat Tierra Vista Communities.

As a registered user of tierravista.com you may access and update your profile at any time in the “Edit My Profile” area, subject to any authentication and authorization considerations, which exist to protect your security. You may also wish to cancel your membership and can do so by contacting the Site Administrator.

If you would like to remain a registered user but do not wish to continue receiving specific emailed broadcasts you can choose to opt-out at anytime.

You may browse some information only areas as a guest of this website without providing any personal information; however, we will not be able to provide the full range of services available to you through this website if we are not provided with sufficient information.

Like many websites, tierravista.com may use “cookies” which store information on computers accessing the website address. Cookies are used for a variety of purposes, for example to recognize a computer which has previously visited this website and customize the website according to previous preferences and site behavior. Cookies may also be used to manage security and store information about the type of browser being used. We also use aggregated, non-personally identifying information collected through this website as part of our process of constantly improving tierravista.com and for internal reporting and research purposes. If a user wishes to they can erase cookies from their computer’s hard drive, block all cookies or receive a warning before a cookie is stored. Further information on deleting or controlling cookies is available at www.aboutcookies.org.

To enable us to provide you with these services, your information may be disclosed to and used by our service providers (such as Elcom Pty Limited) who on occasion may need to access this website for maintenance purposes, or our related companies. The use and disclosure of this information will be subject to the restrictions imposed on us by the Privacy Act 1988.

Security Statement

Only Lend Lease employees or authorized personnel who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment.

Although Lend Lease will use all reasonable efforts to safeguard the confidentiality of your personal information, transmissions made by means of the Internet cannot be made absolutely secure. Lend Lease will have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties.

This website may contain links to the websites of other organizations or our business partners which we feel may be of interest to you. Tierravista.com is not responsible for the content or practices of websites operated by third parties who are responsible for their own privacy practices and you should check those websites for their respective privacy statements.

If you would like further information on our data handling practices, please contact us by email or phone.

By proceeding, you acknowledge and accept that your use of this website indicates your acceptance to the above terms and conditions. This is the current Terms & Conditions Notice as at 1st June 2010.

Terms of Service

By using this site, you are deemed to have agreed to these terms and conditions and terms of service. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this site.

By completing of the registration process, you are indicating that you agree to be bound by all of the terms of service and conditions of use.

Scope of Terms and Conditions

These terms and conditions apply to your use of all of the sites (referred to as ‘Lend Lease Community Portals’) and services ("Services") owned and/or operated by Lend Lease, and any other site that we may own or operate in the future. Unless we say otherwise, all references to Lend Lease Community Portals in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which Lend Lease Community Portals only links.

Lend Lease may terminate, modify, or temporarily discontinue the service or any of the features or tools utilized in the service at any time according to these terms. You agree that Lend Lease will not be liable for any termination, modification, or temporary discontinuance of the Services.

In order to use the Services, users must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. In addition, users must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Registration Obligations

You agree to: (a) provide true, accurate, current and complete information about yourself on the registration form ("registration information") and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lend Lease has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lend Lease has the right to suspend or terminate your account and refuse any and all current or future use of the service. You are entirely responsible for maintaining the confidentiality of any passwords and the information stored on the site ("site information") and any usage and activities that occur in connection with use of the site information.

Restrictions on Use of Materials

All materials published by Lend Lease and its third party providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked sites (collectively, the "content") are the property of or controlled by Lend Lease or the party credited as the provider of the content. The organization and its members will respect all proprietary rights of Lend Lease and its third party providers in and to the content, site name, Services, and site, any products or other services.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of Lend Lease. You may not publish, display, or commercially exploit any material from or other entities with an interest in the relevant intellectual property unless you request and receive prior written permission from us or other entities with an interest in the intellectual property.

To request our permission, you may write to Lend Lease Corporation, 30 The Bond, 30 Hickson Road, Millers Point, NSW, 2000. If permission is granted by us or any other entities with an interest in the relevant intellectual property, you may not change or delete any author credit, trademark, legend or copyright notice.

You must follow and observe all additional copyright notices or other restrictions contained on Lend Lease.

Links

These terms and conditions apply only to Lend Lease Community Portals, and not to the sites of any other companies or organizations, including those to which the Lend Lease Community Portal may link. We are not responsible for the availability of any other site to which Lend Lease Community Portals link. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Member Conduct

You agree not to use the service to:

  • upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, email or otherwise transmit any content that is harmful to minors in any way;
  • impersonate any person or entity, including, but not limited to, a Lend Lease official, forum leader, guide or host, or falsely state or otherwise misrepresent their affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
  • upload, post, email or otherwise transmit any content that the organization does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations, rules or directions by or of the Office of Fair Trading & Business Affairs (Victoria), the ACCC, ASIC, the Registrar of Associations (if applicable), any regulations, rules or directions of any national or other securities exchange, including, without limitation, the Australian Stock Exchange and any regulations, rules or directions having the force of law; "stalk" or otherwise harass another; or collect or store personal data about other users, except as authorized under the organization’s Privacy Policy.

Interactive Forums

An "interactive forum" means any message board, chat room, or similar interactive service appearing on Lend Lease Community Portals. You must register and comply with instructions that you will find on Lend Lease Community Portals in order to contribute to any interactive forum.

You may not post on any interactive forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any interactive forum on Lend Lease Community Portals, except for material signed by an identified representative of Lend Lease acting within the scope of their responsibilities. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.

Termination

We may, at our discretion, terminate the registration of any user who violates any of the terms and conditions of use.

Copyright Complaints

We respect the intellectual property rights of others, and require that the people who use Lend Lease Community Portals do the same. In appropriate circumstances, we will terminate the registration of any forum user who is responsible for repeat acts of copyright infringement.

The designated person to receive notification of claimed infringement of copyright is Development Manager – Online Communities, Lend Lease Communities, of 30 The Bond, 30 Hickson Road, Millers Point, NSW, 2000.

Passwords

You are responsible for maintaining the confidentiality of your registration information and password. You agree to notify Lend Lease Community Portals as soon as you discover any unauthorized use of your password.

Electronic Communications

By agreeing to these terms of service, you accept that from time to time you will receive transmitted communication (IE: emails) concerning issues or information associated with your membership or involvement with the Lend Lease Community Portal service. In the case of sending or transmitting such communications, all users must comply with their obligations as detailed under the Australian Government’s Spam Act.

Warranties

To the extent permitted by law, the services and materials on this site are provided "as is" and without warranties of any kind, either express or implied. Lend Lease makes no warranties with respect to the Services, the underlying software of the Services, the documentation (if any) supporting the foregoing or any components or portions thereof, or any other goods or services provided by Lend Lease, express or implied, oral or written, including but not limited to the implied warranty of merchantability, non infringement and fitness for a particular purpose.

Neither Lend Lease nor any of its respective licensors or suppliers warrant that any functions contained in the Lend Lease Community Portals will be uninterrupted or error-free, that defects will be corrected, or that resident interactive or the server that makes the service available are free of viruses or other harmful components.

Neither Lend Lease nor any of its respective licensees or suppliers warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Lend Lease or any of its respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any products or services offered on any Lend Lease Community Portal sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability

To the extent permitted by law, in no event will Lend Lease, any affiliate or subsidiary, or any of their respective officers, directors, employees, contractors, shareholders or representatives be liable to you or to any other party for any special, indirect, incidental or consequential damages, including damages or costs incurred as a result of loss of time, loss of savings, loss of property, loss of data, loss of profits or loss of goodwill, whether foreseeable or unforeseeable, which may arise out of or in connection with a defect in the Services, the underlying software to the Services, the documentation (if any) supporting the foregoing or any components or portions thereof including without limitation the use of or inability to use the foregoing, regardless of whether Lend Lease has been advised by you of the possibility or likelihood of such damages occurring, or whether claims are based or remedies sought in contracts, negligence, strict liability, tort, products liability or otherwise.

Lend Lease shall not be liable for and does not assume any responsibility for any breakages, damages, failures or delays caused by misuse, abuse, negligence, accidents, improper installation, force majeure events or any other causes beyond Lend Lease’s control.

In all events and to the extent permitted by law, the total cumulative liability to you, or any other party, by Lend Lease or any of its affiliated companies or any of its or their respective licensors or suppliers for damages, losses, and causes of action (whether in contract, tort, or otherwise) shall be limited to and shall not exceed the aggregate of the renewal fees actually paid by the you to Lend Lease (if any) for accessing Lend Lease Community Portals during the 12 month period preceding the occurrence giving rise to a claim of liability.

Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to defend, indemnify and hold harmless Lend Lease, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fees, that arise with your use of the site, your posting, downloading or transmission of all communications or material on this site or from your violation of applicable law.

No Personal Advice The information contained in or made available through Lend Lease Community Portals (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Neither Lend Lease nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Lend Lease. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission

Lend Lease may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Lend Lease may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Proprietary Rights

The Services, this site, all content, and all trademarks, including but not limited to all material distributed or presented to the organization or its members through the Services by Lend Lease or its third party providers or on the linked sites, and all rights and intellectual property rights, are the sole property of Lend Lease or its third party providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to Lend Lease through this website, in writing, by e-mail or otherwise will be the property of Lend Lease and Lend Lease will have all rights without any obligation to compensate the organization or its members. All site information (which is information on the site that specific to the organization’s site and is or cannot be generic information that does or can relate to sites other than the organization’s site) will remain the sole property of the organization, its members or any party with rights therein. Any rights not expressly granted herein are reserved.

Trademarks

Lend Lease, the Lend Lease logo, and other Lend Lease logos and product and service names are trademarks or service marks of Lend Lease ("Lend Lease Marks") you agree not to display or use in any manner the Lend Lease Marks without Lend Lease’s prior written permission.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please refer to our Privacy Policy.

Governing Law

These terms shall be governed by and construed in accordance with the laws of Victoria Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of such State and all courts competent to hear appeals there from.

Injunctive Relief

In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Lend Lease will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Lend Lease may apply to any court of competent jurisdiction in the Australia or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Lend Lease will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Lend Lease’s rights to relief in either law or equity.

Miscellaneous

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.

This is the entire agreement between you and Lend Lease relating to the subject matter it contains, notwithstanding any prior negotiations, representations, warranties, covenants, understandings or agreements made or entered into before this agreement was accepted by you.

This agreement may be modified only by our posting of changes to these terms and conditions (provided that Lend Lease has given you notice of the change within 7 days of such change) , or in writing signed by Lend Lease and you. You are not entitled to transfer, assign, mortgage, lease, discharge, encumber, license, declare a trust of, grant any option over or otherwise dispose (collectively called “deal”) any of your rights, duties, benefits, obligations or interest in this agreement without the prior written consent of Lend Lease.

Any inquiries concerning these terms and conditions of use should be directed to Lend Lease.