Last updated on 20 October 2020
Architopia Pty Ltd ACN 640 001 083
ARCHITOPIA TERMS AND CONDITIONS
FOR BUYING OUR DESIGNS AND JUST BROWSING THIS WEBSITE
Welcome to Architopia. We are an online platform, giving you access to high quality architectural house Designs.
Our mission is to provide affordable Designs, to help you build happier, healthier and more sustainable homes for you and your family.
So as long you’re satisfied that the details listed about a Design are suitable for your circumstances, our Designs can be used by you as the initial designs for your home building Project, subject to these terms.
These terms apply to all of our Designs, including when you use them for your Project. These terms also apply when you use this Website.
Please contact us if you have any questions about these terms, and don’t continue using this Website or purchase any Designs unless you have read and agree to these terms.
You irrevocably indicate your agreement to Part B by using this Website, and to Part A by ticking the box at the point of purchasing a Design.
How do I read these terms?
In these terms, we use defined words, which are words that are capitalised and defined by the meaning given in the table in clause 17 of Part C.
We refer to Architopia Pty Ltd ACN 640 001 083 as “Architopia”, “our”, “we”, or “us”.
And you are “you”, or the “customer”! We may also refer to you as our “client” in related documents.
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
PART A - FOR WHEN YOU BUY OUR DESIGNS
1. SUBMITTING AN ORDER
(a) By submitting an Order for purchase of a Design using the Website's functionality you represent and warrant that:
(i) you have reviewed the Assumptions as described in clause 2(a)(iii) and made your own inquiries as to the suitability of the Design for your circumstances;
(ii) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(iii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your offer to enter into Parts A and C of these terms, where we will provide you with the Designs you have Ordered in exchange for your payment of the total amount listed upon checkout.
(c) Parts A and C of these terms is not agreed between you and us in relation to your Order until we have approved your payment and you receive confirmation from us confirming that your Order has been processed.
(a) All of our Designs:
(i) were developed by architects to a reasonable professional standard;
(ii) are suitable for use in Australia only;
(iii) were developed based on key assumptions that may not be suitable for your circumstances, including:
A. land size, slope, quality, substance or any other site specific complexity;
B. block size;
C. location including typical weather
D. local planning conditions; and
E. any other notations or specifications listed on the Website about a Design,
(collectively, the Assumptions);
(iv) are provided for the purpose of the initial design phase of development and do not include or come with any further services or tailored advice;
(v) may be used for the purposes of a trade professional applying the Design to site plans for the purpose of making a development application or planning permit (as applicable in your jurisdiction) to the appropriate council; and
(vi) do not constitute engineering drawings and are not a substitute for consulting a structural engineer and builder; and
(vii) do not consider any location specific regulations that may be applicable to your Project and it is your (or your contractors’) responsibility to ensure regulatory compliance.
(b) It is your responsibility, prior to placing an Order for a Design, to ensure that the Assumptions noted with your Design are accurate and comprehensive for your circumstances. We accept no liability for, and will not provide a refund where, a third party instructs you or it otherwise becomes apparent that the Assumptions in the Design mean the Design is not suitable for your circumstances.
(c) If you are instructed by a third party that the Design is not suitable for your circumstances, whether because of any of the Assumptions or other reasons, you must follow that advice and not continue using the Design. You indemnify us and agree to hold us harmless for any failure to comply with this clause.
(d) Third party builders and/or engineers may shrink or grow, or otherwise adapt, the Designs to suit your Project. Any adaptations made by third parties are the sole responsibility of those third parties and we accept no liability for the consequences of any such adaptations.
(e) Our liability for all Designs (including the use of the Design in connection with your Project) is excluded in accordance with clause 6.
(f) You acknowledge and agree that due to screen display, colour and brightness, and image quality, Designs and any materials specified for use in the Designs may not exactly match the image on our Website.
3. INTELLECTUAL PROPERTY
(a) Nothing in this agreement transfers or assigns any Intellectual Property Rights in the Designs to you or any third party. Architopia retains all Intellectual Property Rights in the Designs, including the design concepts, drawings and any documents produced or delivered.
(b) Architopia grants you a non-exclusive, non-perpetual, revocable, non-transferrable and royalty-free licence to use Architopia's Intellectual Property Rights in the Designs for personal use only for adaptation for your Project.
(c) You may provide a copy of the Design to third parties involved in your Project for the purpose of your Project only. You must not otherwise attempt to copy, reproduce, manufacture or otherwise commercialise the Designs, or allow any third party to do so. The licence in clause 3(b) does not include, and expressly excludes, any right to attempt to recreate the Designs yourself or through any third party. If you or any third party use, or Architopia reasonably suspects you or any third party may use, the Designs in a manner that is inconsistent with this clause 3(c), the licence in clause 3(b) will be deemed to be immediately revoked and any use beyond that time will be a material breach of this agreement by you.
(d) You must not remove any attribution to Architopia written on the Designs, including its logo and any copyright notices.
(e) You acknowledge and agree that ordinary damages may not be a sufficient remedy for a breach of this clause 3, and Architopia may recover damages for consequential loss, including loss of profits and loss of business opportunity.
(a) All prices displayed on our Website are:
(i) per Design;
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) You must pay for all Designs at the time of placing an Order. The Designs will not be provided until your payment is received by us.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. We reserve the right to add GST to the amount stated on the Website to the amount quoted at the time of checkout.
(d) (Card surcharges) Architopia reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Designs. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
5. LIMITED REFUNDS
(a) We do not offer change of mind refunds.
(b) You acknowledge and agree that, given the nature of providing you with the Design before you take further development steps, it is appropriate and necessary to protect our legitimate business interests that no refunds, to the maximum extent permitted under applicable law, will be provided.
(c) We will provide a full refund of the price paid for a Design if we determine that:
(i) a Design you Ordered was not able to be downloaded by you solely due to a failure on our end; or
(ii) there is a major fault with a Design, meaning the Assumptions listed are not reflected in the Design.
(d) If we determine that the Design is faulty, you will be credited the full amount paid and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(e) Nothing in this clause 4 is intended to limit or otherwise affect the operation of any Consumer Guarantees under the Australian Consumer Law which you may be entitled to or any of your other rights which cannot be excluded under applicable law.
(a) To the maximum extent permitted by applicable law, Architopia limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the use of any Designs or services provided by Architopia to the Fees paid for the Design.
(b) If the liability cap in clause 6(a) is deemed by a court to be unenforceable or not appropriate, the liability of Architopia is limited to the amount actually recovered under Architopia’s professional indemnity insurance.
(c) All express or implied representations and warranties in relation to Designs and the associated services performed by Architopia are, to the maximum extent permitted by applicable law, excluded.
(d) All claims for any defects in construction are to be made against the builder or the structural engineer, or other relevant third party. You acknowledge and agree that given the nature of the Designs it is not appropriate to hold Architopia responsible for any such defects.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify Architopia and its directors, employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or any of your third party contractors’:
(i) breach of any of these terms; or
(ii) use of any of our Designs.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Architopia be liable for any incidental, special or consequential loss or damages, or damages for loss of investment opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Design (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
PART B - FOR WHEN YOU BROWSE THIS WEBSITE
7. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
8. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Architopia;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Designs;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Architopia, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
9. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Design descriptions, prices and other Website Content.
10. INTELLECTUAL PROPERTY
(a) Architopia retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Architopia or as permitted by law.
11. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Architopia will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
12. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
13. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Architopia does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
15. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
(a) To the maximum extent permitted by applicable law, Architopia limits all liability to any person for loss or damage of any kind arising from use of this Website to $10 AUD.
(b) All express or implied representations and warranties in relation to the Website are, to the maximum extent permitted by applicable law, excluded.
PART C - INTERPRETATION PROVISIONS
Architopia, we, our, us
means Architopia Pty Ltd ACN 640 001 083.
has the meaning given in clause 2(a)(iii) and includes any other assumptions noted with a Design.
means designs created, sold and otherwise provided by Architopia under this agreement.
Intellectual Property Rights
means all copyright, trade mark, design, patent, trade, business and domain names, rights to keep information confidential, any other proprietary rights and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
means an Order for Designs under clause 1 of this agreement.
has the meaning given in clause 4(e).
means your home building project in relation to the Designs you are buying from Architopia.
Third Party Terms
means any terms & conditions that may apply to any third party goods and services that are engaged under this agreement.
means Architopia’s website located at https://architopia.com.au/, and any other websites we operate with the same domain name and a different extension.
means all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software).
means the person or entity that enters into this agreement with us.
18.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
18.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
18.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or "dollar" is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address of Architopia listed on the Website, or of the Customer provided at checkout (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given 24 hours after the email was sent, or when replied to, whichever is earlier.