Website Terms and Conditions
[last updated 16 December 2021]
This website is made available by Neil Schwennesen trading as Standout Website Design Services ABN 37 856 227 787.
When you read the words ‘we’, ‘us’, or ‘our’ we refer to Neil Schwennesen trading as Standout Website Design Services ABN 37 856 227 787 of Lethbridge Park, New South Wales, Australia and the website/s it operates.
The words ‘you’, ‘user’ or ‘your’ we mean you, as a visitor or guest to our website or as our client, customer, industry partner, retirement village or residential park with manufactured homes or similar retirement living service provider, owner, manager or operator of retirement or lifestyle options for over 50’s living. We also mean the vendors, which includes individual owners, who want to list a property for sale and purchasers, who may wish to buy a property.
When we use the ‘website’ or ‘websites’ we www.australianretirementvillages.com.au which includes each of our website/s, social media pages, blogs, articles, podcasts, webinars, interviews, and any form of digital or electronic platform, communication or publication where available.
We may update our terms from time to time and the new provisions will apply from the date they are updated. We have included a ‘last updated’ date at the top of these terms to help you keep track of any changes.
Enquiries, Comments, Complaints
If you have any questions, please contact us and we will usually respond within two (2) business days.
Sales Listing/Advertising or Website Enquiries
0403 558 090
Who we are
Through our websites we connect retirees transitioning to Retirement or Lifestyle Village living with current sales listings by Village owners, operators or individual property owners listing their properties for sale.
Our mission is to be Australia’s premium Retirement and Lifestyle Directory where you can find an extensive list of Retirement and Lifestyle Village sales listings. We have a network of industry partners across Australia and through our interactive map pins, sales listings are able to be easily located and compared.
What we do
When we deliver our services to you, we are providing a centralised hub for vendor sales listings. Vendors pay an advertising fee by purchasing a Sales Listing or Retirement Village Listings Plan. We do not participate in any way, and are not legally responsible for, any part of the sale or purchase negotiation, process or settlement.
Buying, Selling or Leasing a residential home in a Retirement or Lifestyle Village is a major life decision, and one that has significant impact on personal, lifestyle, health, legal, financial and investment outcomes. There is no substitute for undertaking your own due diligence. You should always obtain independent financial and legal advice when considering Buying, Selling or Leasing.
We advertise Sales Listings, and we are paid for our Sales Listing services (“our services”).
What we will not do
We do not negotiate any transaction or become involved in any way in property sales or transactions. We are not acting as an agent for you or any Village, Vendor, Retiree or Purchaser in any transaction and we are not liable for any promises or representation made by any party or parties including statements made in a Sales Listing.
It is the responsibility of the Vendor or Village to ensure that Sales Listings are accurate, not us. It is the responsibility of the Retiree or Purchaser to verify the accuracy and completeness of information contained in a Sales Listing, not us. Our services do not include verifying the content or accuracy of any Sales Listing or advertisement on our website. We do not verify the accuracy of this information and we do not own or control it.
Vendors/Villages and Purchasers/Retirees are to communicate and negotiate directly with each other and not through us.
Each party to any transaction is responsible for undertaking their own due diligence. This may include conducting inspections, undertaking legal searches, making enquiries, seeking independent legal and financial advice or other independent advice. You do so at your own risk and expense.
You should always obtain independent legal, financial, superannuation, taxation, investment, and health advice (“independent advice”) when entering into any legally binding transaction. You should never rely in part or at all on representations or promises made in any Sales Listing. If something is important to you, seek independent advice about it before reaching any agreement.
How do Sales Listings work ?
You are welcome to visit our website to explore Sales Listings, obtain contact details in relation to any Vendor or Village that lists with us, and to obtain general information about Retirement and Lifestyle living options.
Sales Listings and our Interactive Pin Map are tools that you are welcome to use to identify properties, Villages or regions that might interest you. We do not charge a fee for you to browse our website or use these tools.
If we provide information on our website about Retirement or Lifestyle living, options or links to any similar information providers then we do so in a general manner only and this information is not tailored to your individual circumstances and is not to be relied upon as such.
If a Sales Listing, Advertiser, or any other Third-Party shares information, an opinion or link on our website, then all information belongs to (and needs to be treated as the opinion of) that party and no us.
While we endeavour to share relevant, helpful general information from credible sources, we are not responsible for any inaccuracy or misrepresentation by any Third-Party or because of any reference to any Third-Party or a Third-Party Link. You must always make your own enquiries to verify the accuracy and suitability of any information, products, or services.
If you encounter any problems or believe a Vendor or Village or any Third-Party may be in breach of Australian Consumer or any other Law, please contact the Vendor or Village directly. Unless required to do so by law, we do not participate in any complaint or dispute between you and any Vendor, Village or Third-Party.
Provided that you have entered into a Client Services Agreement with us, we will advertise your Sales Listing on our website. For those who have not entered into a Client Services Agreement with us, and would like to advertise services on our website, please contact us using our details contained at the top of this document to express your interest.
At times we may place a Sales Listing on our website on a complimentary or trial basis. If we do this, we do so at our own discretion and we are not obliged to offer (or to continue to offer) any complimentary, trial, free or discounted Sales Listing.
If we decide in our own discretion to remove or terminate any Sales Listing or agreement you have with us, then any fees paid or due will be handled in accordance with our Client Services Agreement.
If we, or any Retiree or Purchaser, communicates with you because of a Sales Listing or information we have on our website about you, then you undertake to act professionally and with courtesy in any communication. You agree that where practical to do so you will respond to communication or requests for information within two (2) business days.
You agree that you will exercise reasonable care, including using appropriate technological and organisational measures in the collection, processing and use of retiree or potential customer information to ensure that the customers’ personal information is secure.
You agree at all times to comply with all applicable Australian Consumer and other Laws that apply to advertising and/or listing or selling a property within a Retirement or Lifestyle Village. You further agree to take into consideration that transactions involving Retirees deal with a more vulnerable demographic, and that you will take all due care and responsibility for all dealings and transactions with this in mind. You agree that you will not intentionally or recklessly make any false or misleading statements in any Sales Listing or by the provision of any advertisement, information, or content on our website. You agree to take all reasonable steps to ensure the Sales Listings fairly and accurately represent the property listed and/or the Village in which the property is situation. If any error or omission occurs, you agree to promptly inform us and seek to amend your Sales Listing.
If a property is sold on our website or by virtue of any other means, you undertake to inform us and request that we note the property as Sold and/or amend or remove the Sales Listing as available for sale. You agree that promptly notifying us is important and enables us to provide current Sales Listing information.
When you set up an account or password with us or you register your details with us, you agree to provide true and correct information. You agree to update this information when any change occurs.
If we consider, at our sole discretion, that any communication is or may be perceived as impolite, unprofessional, lacking in courtesy, delay, or lacking in integrity then we may suspend, restrict, or terminate your Sales Listing or any Client Services Agreement. We reserve the right to refuse any current or future Sales Listing, advertising, third-party information, or link that relates to you or your business on our website.
We do not warrant or guarantee in any way that you will achieve any financial or other benefit or meet any specific target by using our website for Sales Listing/s, advertising, marketing, or promotion.
You must always obtain your own independent advice on any Sales Listing or transaction.
If you encounter any problems or believe a Retiree/Purchaser or any other Village, Third-Party, advertiser or contributor to our website, please contact that party directly. Unless required to do so by law, we do not participate in any complaint or dispute between you and any other party.
All fees or prices mentioned by service providers on our website must be in Australian Dollars and inclusive of GST.
Vendors and Villages must keep in mind at all times that consumer guarantees apply in Australia and that serious fines and penalties may apply for false and misleading representations or conduct.
All care, no responsibility
We will conduct reasonable enquiries when we enter into a Client Service Agreement or posting information on our website about Third Parties. We may, for example, undertake an ABN search to confirm that the business is registered, although we are not obliged to do so.
Any enquiries we make are limited to basic information about the location and initial offering in any Sales Listing. Sales Listings and content can be amended, changed, or updated at any time. We may not be aware of this change and are not responsible if changes are made, including but not limited to, any increase or decrease in a Sales Listing or property price or any terms or conditions of sale or purchase.
We do not complete any legal, financial, regulatory compliance or health and safety inspections of any property or Village. This is your responsibility to independently verify by conducting your own research and obtaining independent advice.
While every care is taken by us to deal with reputable parties, we do not make any guarantees or warranty about the reliability of any party, information, price or condition, facilities or the suitability of any property, or Village.
We have no responsibility to attempt to resolve or participate (unless required by law to do so) in any dispute arising out of the sale or purchase of any property.
Each State or Territory may have different rules and regulations that apply. It is your responsibility to undertake this research, not ours. There is a brief list only of general contacts at the end of this document that you may find useful. Please use it as a reference tool only. It is not an exhaustive list and the services that any third-party provides can change.
While every care is taken, we make no representations and disclaim all legal liability about the suitability, reliability, availability, timeliness, completeness, and accuracy of anything contained on our website for any purpose, to the maximum extent permitted by applicable law.
Anything contained on our website is provided “as is”, without warranty or condition of any kind by us. You therefore acknowledge and agree that you use our website at your own risk.
We make no guarantees or promise about the suitability of any Retiree/Purchaser or Vendor/Village.
No Third-Party website, link or information is under our control, and we disclaim all liability to the fullest extent permitted by law for Third-Party sites, links, information, or conduct.
Any information available on or via our website is not immune to inaccuracies or typographical errors, and changes are made periodically, at our discretion, on our website.
To the fullest extent permitted by law we are not responsible for any loss or damage, however caused, that you or any other person or organisation suffers because of any Sales Listing or other information (or Third-Party link, information or opinion) on our website.
No unlawful or prohibited use
As a condition of your use of our website, you warrant that you will not use our website for any purpose that is unlawful, immoral, or prohibited by these terms and conditions.
You expressly agree not to:
engage in threatening, harassing or defamatory behaviour
hack into areas of our website that are not intentionally made available to you
use our website in any manner which could damage, disable, overburden, or impair our website or interfere with any other party’s use and enjoyment of our website
use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior written approval
engage in any internal or external spamming, or other similar actions
decompile, reverse engineer, or try to copy or imitate our website or underlying content
Copyright, Trade Marks, and other Intellectual Property
We own the intellectual property rights in the contents of the website or have permission to use or display material on our website.
You must not copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part, except as expressly authorised in writing by us.
If you provide us with a story, information, opinion, comment, feedback, interview or any other form of Testimonial or communication about your experience with a Retiree/Purchaser, any information or Sales Listing on our website, or any Vendor or Village, then you grant us a worldwide, exclusive, irrevocable, royalty-free licence to publish that story on our website.
You may only use our website content for your own personal use and not for any commercial purpose. Sharing our content without our prior written permission is expressly prohibited. Any content posted on our website by third parties are the responsibility of those third parties and may be subject to copyright. You must ask permission from the third party before using any of their content.
If we believe you have infringed out intellectual property rights, we will contact you and ask you to stop.
If you believe there is material on our website that infringes third party intellectual property rights, please te us with sufficient information to enable us to determine who the owner of the intellectual property is. If we form the reasonable belief that there has been an infringement, we will remove the infringing content from our website.
We make reasonable efforts to maintain the security of our website. However, we do not guarantee the security of our website, records, or your data. Cyber crime is continually becoming more sophisticated and difficult to detect or prevent. We will not be liable to you for any loss or damage you may incur. We accept no liability for any computer virus or technological problems arising from your use of our website that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your devices. Continuous accessibility to the website is dependent upon third party services as well as our own internal operations. As a result, the website may be inaccessible from time to time.
Limitation of liability
We have no liability to you for the services provided by Third Parties. Your legal rights or compliant arising from any transaction between you and any other party are against that party and not us.
Subject to Australian Consumer Law, we will not be liable to you for any damages whatsoever arising as a result of your use of our website in any way or information on our website.
Where warranties are implied by law, you acknowledge and agree that our total aggregate liability is limited at our discretion to the provision of our services again, or to a refund equal to the total amount paid by you for those services, even if that amount is zero.
This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our website.
You agree to indemnify and hold us harmless against any claims, damages, liabilities, costs, or expenses (including without limitation court costs, arbitration costs and legal fees on a solicitor and own client basis) related to:
your unauthorised use of our website; and or
your purchase of any product or service or any property or premises via our website; and or
your breach of our terms.
This agreement is governed by the laws of New South Wales, Australia. You agree to be subject to the exclusive jurisdiction and the courts of New South Wales if there was a serious dispute between us.
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of our terms and conditions, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of any agreement with us or your use of our website.
No term or condition in this document will be read to the disadvantage or detriment of the party who drafted it simply because it is more favourable to that party.
If any part of these terms and conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be severed, and the remainder of the terms and conditions will continue in effect.
Need Help with a Complaint or Further Information
Fair Trading & Consumer Protection
www.consumer.gov.au (links to all States & Territories) for Consumer Protection, Questions and Complaints
Law Societies – legal advice helps and referral
Senior Advisory Services – advice for Senior Citizens
Australian Association of National Advertisers (AANA)
Business name: Standout Website Design Services
ABN: 37 856 227 787
LOCATION: Lethbridge Park NSW
Phone: 0403 558 090