Last updated: 1 January 2025
This website (https://empirepropertyaus.online) is operated by Empire Property Aus Pty Ltd (ABN 87 703 154 287), a company based in Melbourne VIC. By accessing this website or engaging our services, you agree to these Terms of Service. Please read them carefully.
1. Services
Empire Property Aus Pty Ltd provides property development and construction services, including project feasibility, planning coordination, construction management and related consultancy. The specific scope, deliverables, timelines and fees for any engagement will be set out in a separate written agreement or quotation accepted by both parties.
2. Quotes and Proposals
Quotes and proposals provided through this website or otherwise are indicative unless expressly stated otherwise and remain valid for the period stated on the quote. A quote does not constitute a binding agreement until accepted in writing and any required deposit has been paid. Final pricing may be adjusted where site conditions, scope changes, statutory requirements or material costs differ from those assumed at the time of quoting.
3. Payment Terms
Payment terms, progress claims and deposit requirements will be set out in your written agreement. Invoices are payable by the date stated on the invoice. Late payments may attract interest or administrative charges as set out in that agreement. Where required by law, we will provide progress payment rights under the Building and Construction Industry Security of Payment legislation applicable in Victoria.
4. Client Obligations
You agree to provide accurate and complete information relevant to your project, including site details, ownership documentation and any constraints. You warrant that you have the right to undertake the works on the relevant land and that you will obtain all owner, lender or body corporate approvals required before works commence.
5. Permits, Approvals and Compliance
Where we are engaged to manage permits and approvals, we will do so with reasonable care and skill. However, approvals are granted at the discretion of statutory authorities, and we cannot guarantee any particular planning or permit outcome. You remain responsible for compliance with all laws applicable to your project except where we have expressly agreed in writing to assume that responsibility.
6. Building Work and Statutory Warranties
Building work carried out by us will be performed with due care and skill and in accordance with applicable building laws and the documents forming the contract. Nothing in these Terms excludes, restricts or modifies any statutory warranties or consumer guarantees that apply under Australian law and that cannot lawfully be excluded.
7. Limitation of Liability
To the extent permitted by law, our liability arising from the services is limited, at our option, to re-supplying the relevant services or the cost of re-supplying them, except where such limitation is not permitted by law, including in relation to consumer guarantees under the Australian Consumer Law. We are not liable for indirect or consequential loss, including loss of profit or anticipated value, except where such exclusion is not permitted by law.
8. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where you are a consumer for the purposes of the Australian Consumer Law, you are entitled to a remedy for any failure to render the services with due care and skill, or within a reasonable time, or where the services are not reasonably fit for purpose.
9. Intellectual Property
All content on this website, including text, layouts and graphics, is owned by or licensed to Empire Property Aus Pty Ltd. Concept plans, designs and documentation prepared by us remain our intellectual property until final payment is made, at which point you receive a licence to use them for the purposes of your project. You must not reproduce website content without our written permission.
10. Website Content
Content on this website is general in nature and does not constitute legal, financial or technical advice for your specific circumstances. Images used on this website are illustrative and may depict examples of construction types rather than specific completed projects. We do not warrant that the website will be available uninterrupted or error-free.
11. Third-Party Links
This website may link to third-party websites. We do not endorse and are not responsible for the content or practices of those websites.
12. Privacy
Your use of this website is also governed by our Privacy Policy, which explains how we collect, use and protect personal information.
13. Dispute Resolution
If a dispute arises, we ask that you contact us first so we can attempt to resolve the matter in good faith. Where the dispute concerns domestic building work in Victoria, you may also have access to dispute resolution services through Domestic Building Dispute Resolution Victoria. Nothing in these Terms prevents you from exercising rights available to you under law.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts and tribunals of that State.
15. 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 last update shown above. Continued use of the website after an update constitutes acceptance of the revised Terms.
16. Contact
Questions about these Terms can be directed to ceo@empirepropertyaus.online or via our contact page.