1. Agreement to These Terms
These Terms of Service (“Terms”) govern your access to and use of the website gillsonsdevelopments.online and any enquiries, quotes or engagements arising from it. By using this website, submitting an enquiry or accepting a quote from us, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use this website.
These Terms are supplementary to, and do not replace, the terms of any written construction or development contract entered into between you and Gill & Sons Developments Pty Ltd. Where a signed contract exists, the terms of that contract prevail over these Terms to the extent of any inconsistency.
2. Who We Are
Gill & Sons Developments Pty Ltd (ABN 91 702 751 746) is a property development and construction company based in Melbourne VIC, Australia. References in these Terms to “we”, “us” or “our” mean Gill & Sons Developments Pty Ltd. References to “you” or “your” mean the user of this website or our client.
3. Information on This Website
The content on this website is provided for general information purposes only. It does not constitute financial, legal, town planning or building advice, and it should not be relied upon as a substitute for professional advice tailored to your individual circumstances.
While we take reasonable care to ensure the information on this website is accurate and current, we make no representations or warranties about its completeness, accuracy or suitability for your purposes. Project timeframes, inclusions, finishes and indicative pricing described on this website may change and are subject to confirmation in a written quote or contract.
4. Quotes and Estimates
Any quote, estimate or indicative pricing provided by us, whether through this website, by email or in person, is valid only for the period stated in that quote or, if no period is stated, for thirty (30) days from the date of issue. Quotes are prepared based on the information you provide to us at the time. If site conditions, plans, specifications, regulatory requirements or material costs change, the quoted price and timeframes may need to be adjusted.
A quote does not constitute a binding offer to carry out work. A binding agreement is formed only when both parties have signed a written contract, or where we confirm acceptance of your instruction in writing.
5. Engagements and Contract Works
Construction and development work carried out by us is governed by a written contract between you and us. In Victoria, domestic building work is subject to the Domestic Building Contracts Act 1995 (Vic), including requirements for major domestic building contracts to be in writing and signed by both parties, and for appropriate domestic building insurance to be arranged where required by law.
You agree to provide us with accurate and complete information reasonably required to perform the works, including safe and lawful access to the site, and to obtain any approvals, permits or consents that are your responsibility under the contract.
6. Payments
Payment terms, deposit amounts and progress payment schedules will be set out in your written contract or quote. All amounts are stated in Australian dollars (AUD) and, unless otherwise stated, exclude GST, which will be added where applicable. Invoices are payable by the due date stated on the invoice. We may charge interest or reasonable recovery costs on overdue amounts as permitted by law and the contract.
7. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major services, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied or replaced if the services fail to be of acceptable quality and the failure does not amount to a major failure.
8. Limitation of Liability
To the fullest extent permitted by law, and except as required by the Australian Consumer Law or any other non-excludable law, we are not liable to you for any indirect, incidental, special or consequential loss or damage arising from your use of this website or from any reliance placed on the general information published on this website.
Where liability cannot be excluded by law, our total liability for any claim arising in connection with these Terms or this website is limited, at our option, to the resupply of the relevant services or the cost of having the services resupplied.
Liability for defective building works is governed by the terms of the applicable construction contract and the statutory warranties set out in Victorian building legislation.
9. Intellectual Property
All content on this website, including text, photographs, plans, renders, layouts and logos, is owned by or licensed to Gill & Sons Developments Pty Ltd and is protected by Australian and international copyright and trade mark laws. You may view and download content for your own personal, non-commercial use only. You must not reproduce, republish or distribute any content from this website without our prior written consent.
Ownership of designs, plans and intellectual property created for a specific project is dealt with in the relevant project contract.
10. Third-Party Links
This website may contain links to third-party websites for your convenience. We do not endorse, and are not responsible for, the content, accuracy or practices of any third-party websites. Accessing those websites is at your own risk.
11. Privacy
We handle personal information in accordance with our Privacy Policy, which forms part of these Terms. By using this website or submitting an enquiry, you consent to the collection, use and disclosure of your personal information as described in the Privacy Policy.
12. Termination of Website Access
We may, at our discretion, suspend or terminate your access to this website, or refuse an enquiry, without notice, if we reasonably believe you have breached these Terms or misused the website or our enquiry systems.
13. Governing Law
These Terms are governed by the laws of Victoria, Australia. You and we both submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to determine appeals from those courts.
14. Changes to These Terms
We may update these Terms from time to time. The current version will always be published on this page with the date of the most recent revision shown above. Your continued use of this website after changes are published constitutes acceptance of the updated Terms.
15. Contact About These Terms
If you have any questions about these Terms of Service, please contact us by email at ceo@gillsonsdevelopments.online or through our contact page. We aim to respond to written enquiries within two (2) business days.