TERMS AND CONDITIONS

Welcome to the Ruby Ruby website. 

This website provides information regarding the Ruby Ruby development project (Project) and is operated by Kokoda Property Group (Melbourne) Pty Ltd (Kokoda). References to Kokoda include its related bodies corporate (as defined in the Corporations Act 2001 (Cth)). 

By accessing or using this website, you agree to these Terms and Conditions. If you do not agree, you must not use this website.

1. General Information & Disclaimer

All images, artist impressions, renders, plans, floorplans, dimensions, illustrations, specifications, finishes, amenities, pricing information and other content on this website are provided as a guide only.

While reasonable care has been taken in preparing the content of this website, Kokoda makes no representation or warranty as to the accuracy, completeness, currency or suitability of any information contained on this website for any purpose.

Furniture, fittings, finishes, landscaping, appliances, decorative items and other features shown in images or artist impressions are illustrative only and may not be included in any final development, residence or purchase unless expressly stated otherwise in writing.

Any views, outlooks, sightlines, view corridors, aspects or surrounding features depicted in artist impressions, renders, photographs or other materials on this website are indicative only and may differ from those ultimately available from any residence within the Project. Views, outlooks and surrounding conditions may be affected by factors including the final design and construction of the Project, the location of a residence within the Project, future development, planning approvals, rezonings, changes to planning controls, infrastructure projects, roads, public works, utilities, vegetation growth, neighbouring developments, construction activities and other matters beyond Kokoda’s control. Kokoda makes no representation or warranty that any particular view, outlook, aspect, surrounding environment or amenity will be available, remain unobstructed or be preserved.

Nothing on this website constitutes an offer capable of acceptance. Any purchase of property within the Project will be governed solely by the terms of any contract entered into by the parties.

Information on this website is subject to change without notice.

2. Forward-Looking Information

This website may contain forward-looking, indicative or conceptual information relating to the Project, including proposed designs, development approvals, construction programs, amenities, pricing, availability, anticipated completion dates, views, outlooks and future outcomes.

Such information is subject to change and may be affected by planning approvals, construction requirements, market conditions, authority requirements and other factors outside Kokoda’s control. No representation or warranty is given that any future matter referred to on this website will occur as described or at all.

The Project and the surrounding area may be affected by future planning decisions, development applications, rezoning, infrastructure works, government requirements, construction activities and other changes that are outside Kokoda’s control. Kokoda makes no representation or warranty regarding the future use, development or condition of any neighbouring land or surrounding area.

3. No Advice Provided

The content on this website is provided for general information purposes only and does not constitute financial, investment, legal, taxation, planning or other professional advice.

You should make your own enquiries and obtain independent professional advice before relying on any information contained on this website or making any decision regarding the Project.

4. Intellectual Property

All content on this website, including text, images, renders, artwork, plans, floorplans, graphics, logos, designs, videos and other materials, is owned by or licensed to Kokoda and is protected by applicable intellectual property laws.

You must not copy, reproduce, distribute, modify, publish, display or otherwise use any content from this website without Kokoda’s prior written consent.

5. Third Party Websites

This website may contain links to third-party websites. 

Kokoda does not control, endorse or accept responsibility for the content, security, availability or accuracy of any third-party website. Accessing any linked website is entirely at your own risk.

6. Website Availability and Changes

Kokoda does not warrant that this website will be continuously available, uninterrupted, secure or free from errors, defects, viruses or other harmful components.

Access to this website may be suspended, restricted or terminated at any time without notice.

Kokoda may amend these Terms and Conditions at any time by publishing updated terms on this website. Continued use of the website constitutes acceptance of the amended Terms and Conditions.

7. Limitation of Liability

To the maximum extent permitted by law, Kokoda excludes all liability, including liability arising from negligence, for any loss, damage, cost or expense suffered or incurred by you arising from:

• your access to or use of this website;

• your reliance on information contained on this website;

• any interruption, delay or unavailability of this website;

• any error, omission or inaccuracy in website content; or

• any third-party website linked from this website.

Where liability cannot be excluded by law, Kokoda’s liability is limited to the maximum extent permitted by law.

8. Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

9. Privacy

Personal information collected through this website is handled in accordance with the Ruby Ruby Privacy Policy published on this website.

10. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, that provision will be severed and the remainder of these Terms and Conditions will remain in full force and effect.

11. Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and Australia.

PRIVACY POLICY

Kokoda Property Group (Melbourne) Pty Ltd (Kokoda) respects the privacy of individuals who interact with the Ruby Ruby website and its associated sales, marketing and customer engagement activities. References to Kokoda include its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

Kokoda is committed to complying with the Privacy Act 1988 (Cth), including the Australian Privacy Principles. We collect personal information only where reasonably necessary for our business activities and do so by lawful and fair means. 

This Privacy Policy explains how we collect, use, store and disclose personal information in connection with the Ruby Ruby project (Project).

Use of Personal Information

Kokoda collects and uses personal information for purposes related to the marketing, promotion, sale and administration of the Project, including to:

• respond to enquiries and requests for information;

• register and manage expressions of interest;

• provide updates regarding the Project, including pricing, releases, availability, floorplans and project information;

• arrange appointments, inspections and display suite visits;

• invite you to project launches, events and promotional activities;

• administer reservations and related transactions;

• conduct internal administration, planning, research and analytics;

• improve our services and customer experience;

• maintain and improve website functionality; and

• comply with legal and regulatory obligations.

Personal information will only be used for these purposes or related purposes that you would reasonably expect, unless otherwise required or authorised by law. You may opt out of receiving marketing communications from us at any time by using the unsubscribe facility included in those communications or by contacting us directly.

Personal and Sensitive Information

Personal information includes information or an opinion about an identified or reasonably identifiable individual. This may include your:

• name;

• residential or postal address;

• email address;

• telephone number;

• purchasing preferences;

• property requirements;

• enquiry history; and

• interactions with our website, marketing communications and sales activities.

Sensitive information, including health information or criminal history, will only be collected where reasonably necessary and with your consent, or where required or authorised by law.

Collection of Personal Information

We may collect personal information:

• through the Ruby Ruby website;

• through enquiry forms, registration of interest forms, subscription forms, contact forms and feedback forms;

• by telephone, email or written correspondence;

• at display suites, information sessions, project launches and other events;

• through social media platforms;

• from real estate agents, consultants and marketing representatives engaged in connection with the Project;

• from publicly available sources where lawful; and

• through photographs or surveillance systems at our premises or events.

You may choose not to provide certain personal information, however this may limit our ability to provide information or services to you.

Disclosure of Personal Information

We may disclose personal information where reasonably necessary for business operations and the marketing, promotion and sale of the Project, including to:

• project sales agents, external real estate agencies and sales representatives engaged in connection with the Project;

• marketing and advertising agencies;

• customer relationship management (CRM) providers;

• website hosting and IT service providers;

• website analytics providers;

• professional advisers including legal, accounting and financial advisers;

• contractors and consultants engaged by Kokoda; and

• government authorities, regulators or law enforcement agencies where required or authorised by law.

Kokoda does not sell personal information.

Some service providers engaged by us may store or process personal information outside Australia. Where this occurs, Kokoda will take reasonable steps to ensure appropriate privacy protections are maintained and that the recipient handles the information in a manner consistent with applicable Australian privacy requirements.

Website Use and Cookies

The Ruby Ruby website may use cookies and similar technologies to improve user experience and analyse website performance.

Cookies are small data files placed on your device which help the website recognise repeat visitors and remember preferences. We may collect non-identifying information including:

• browser type;

• operating system;

• IP address;

• referring websites;

• pages visited;

• time spent on pages; and

• website navigation patterns.

We may use analytics services and similar technologies to better understand how visitors use the website and to improve functionality, content and user experience. You may disable cookies through your browser settings, although some website features may not function correctly.

Security

Kokoda takes reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure.

Personal information may be stored in electronic systems or physical records and is protected by administrative, technical and physical safeguards appropriate to the nature of the information. While we take reasonable steps to protect information transmitted through our website, no method of transmission over the internet can be guaranteed to be completely secure.

We retain personal information only for as long as reasonably necessary for the purposes for which it was collected or as required by law. When no longer required, personal information will be securely destroyed or de-identified where practicable.

Access and Correction

You may request access to personal information we hold about you and request that inaccurate, incomplete or out-of-date information be corrected. Requests should be directed to our Privacy Officer using the contact details below. We may require verification of your identity before granting access or making corrections.

Complaints

If you have a complaint regarding how we have handled your personal information, please contact our Privacy Officer. We will investigate your complaint and endeavour to respond within a reasonable period. If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner.

Contact Details

Privacy Officer

Kokoda Property Group (Melbourne) Pty Ltd

Email: info@kokodaproperty.com.au

Telephone: 03 9259 0000