Terms of Service

Agreement to Terms

These Terms of Service are an agreement between you and HOMES by CMA Pty Ltd ("Homes by CMA", "we", "us", or "our") about your use of https://homesbycma.au and the pages, forms, and related material linked from it (the "Site"). HOMES by CMA Pty Ltd is an Australian company. Our office is at 41 Flinders Parade, North Lakes, Queensland 4509.

By using the Site, you agree to these Terms. If you do not agree, please stop using the Site. Other policies posted on the Site, including our Privacy Policy, form part of these Terms.

We may update these Terms from time to time. The new version applies from the date we change the "Last updated" line above. Please check this page when you return. If you keep using the Site after a change, you accept the updated Terms.

The Site is meant for people who are 18 or older. It is not aimed at places where offering it would break local law. If you open the Site from outside Australia, you are responsible for following the laws that apply to you.

Use of Services

When you use the Site, you confirm that:

• You are able to enter this agreement, and you are not under 18
• The details you give us are accurate and complete
• You will use the Site only for lawful purposes
• You will not use scripts, scrapers, or other automated tools to pull data from the Site without our written permission
• Your use of the Site will not break a law that applies to you

If information you give us is false or incomplete, we may refuse or end your access to the Site.

Prohibited Activities

You must not:

• Collect data or content from the Site without our permission
• Try to obtain personal or account information from us or from another person by deception
• Bypass, disable, or interfere with security on the Site
• Use the Site in a way that is unlawful, abusive, or harassing
• Interrupt the Site or place an unreasonable load on it
• Pretend to be another person, or send an enquiry using details that are not yours
• Use the Site for a commercial purpose we have not agreed to

If you do any of these things, we may block your access and, where it is appropriate, take further action.

Intellectual Property

Unless we say otherwise, the Site and its content, including text, plans, photographs, video, graphics, design, and code, together with our names and logos, are owned by or licensed to HOMES by CMA Pty Ltd. They are protected by copyright, trade mark, and other intellectual property laws in Australia and overseas.

You may view the Site, and download or print a reasonable portion of it, for your own personal use when you are considering a home with us. You may not copy, publish, change, sell, or commercially exploit the Site or its content without our written consent. Any right we do not expressly give you stays with us.

Artificial intelligence, plans and images

You must not use an artificial intelligence system, a large language model, or a similar tool to copy, change, or distribute our facade images, floor plans, or other plans and drawings from the Site.

You must not train a model on that material, and you must not use it to generate new plans, facades, or images. This applies whether you run the tool yourself or you ask someone else to do it. Our written consent is required before any of that use.

Submissions

If you send us feedback, ideas, drawings, photos, or other material, you confirm that you have the right to send it and that it does not infringe someone else's rights. We may use that material to consider your enquiry and to improve our services, without an obligation to pay you for the idea itself. This does not change the ownership of plans or documents that a separate building contract says belong to you.

Building Services

Our building services are subject to separate contracts and agreements. The information provided on this website about our building services is for general information only and does not constitute a contract.

• All pricing is subject to change without notice
• Building contracts are subject to separate terms and conditions
• Images and plans are for illustration purposes only
• Actual specifications may vary from those shown

Promotions and house and land packages

Promotions and house and land packages shown on the Site are a guide to what we are offering at the time you look. They are not a building contract, and they are not a promise that a particular home, block, price, or inclusion will still be available when you enquire.

A price, a package, or a promotion can change or be withdrawn without notice, including where a home or a block is sold, where an offer reaches its end date, or where a detail needs to be corrected. Anything described as free, or as included, applies only while that promotion or package is current, and only on the conditions that apply to it. It may depend on the design, the block, your finance, and a signed building contract with HOMES by CMA Pty Ltd.

Photographs, floor plans, and brochures for a promotion or a house and land package are for illustration. The home, the land, and the price you are quoted can differ from what is shown on the Site, including where preliminary earthworks or other site costs are still to be confirmed. Please ask us to confirm the current price and what is included before you rely on a listing or an offer. Nothing in this section takes away a right you have under the Australian Consumer Law that cannot be excluded.

Third-Party Websites

The Site may link to other websites or services. Those sites are run by other people. We are not responsible for their content, security, or privacy practices. If you leave the Site, you do so at your own risk.

Site Management

We may monitor use of the Site, remove material, and limit or suspend access where we need to protect the Site, our staff, or other users.

Privacy and Data Handling

Our Privacy Policy explains what personal information we collect, why we collect it, and how we hold and use it. These Terms and the Privacy Policy apply together. If you use the Site, you agree that we may handle your personal information in the way the Privacy Policy describes.

When you send an enquiry, a quote request, or other information through the Site, by email, or by phone, we may keep that information so we can reply, prepare a proposal, keep client records, and run the Site. That information can include your name, contact details, property details, and design preferences.

We take reasonable care of information you send us. You should keep your own copy of anything important. We are not liable for loss, delay, or corruption of data you submit, except where the Australian Consumer Law or another law does not allow us to limit that responsibility.

If you contact us or use the Site, you agree that we may contact you electronically, including by email and phone. Where the law allows, an electronic message meets a requirement that a notice be in writing. Please keep your contact details up to date so we can reach you about your enquiry.

Copyright Concerns

If you believe something on the Site infringes your copyright, contact us using the details below and tell us what the material is and why you believe it is yours. A claim that is not made in good faith can have consequences under Australian law.

Changes to the Site

We may change, pause, or stop the Site, or any part of it, without notice. We may also correct an error or omission on the Site at any time. We are not liable for downtime, except where the law does not allow that limit.

Disclaimer

The Site is provided as it is available. Home designs, prices, inclusions, and display information on the Site are a guide. They are not a promise that a particular home can be built on your block, and they are not a building contract. Nothing on the Site excludes rights you have under the Australian Consumer Law that cannot be excluded.

Limitation of Liability

HOMES by CMA Pty Ltd is not liable for any indirect, incidental, special, or consequential damages arising from the use of our services or website. Our liability is limited to the extent permitted by law.

Indemnity

You agree to cover us for loss, claim, or reasonable cost that comes from your misuse of the Site, the material you send us, or your breach of these Terms, except to the extent we caused that loss.

Governing Law

These Terms are governed by the laws of Queensland and the laws of Australia that apply in Queensland. If a dispute about the Site cannot be sorted out by contacting us first, it is to be dealt with by the courts of Queensland. A building contract has its own dispute process, and that process applies to the build itself.

General

These Terms and the policies posted on the Site are the whole agreement about use of the Site. If a court finds that one part cannot be enforced, the rest continues. A building contract between you and HOMES by CMA Pty Ltd is a separate agreement.

Contact Information

For questions about these Terms of Service, please contact us at:

HOMES by CMA Pty Ltd
41 Flinders Parade
North Lakes, QLD 4509
Email: Hello@homesbycma.com.au
Phone: (07) 3188 9324
QBCC Builders Licence No 15083505
ABN 88 626 224 995