This website with URL address www.torbayhomes.com.au (Site) is owned and operated by David Khan TA Torbay Homes (ABN 52 576 409 947).

The term ‘Torbay Homes’ or ‘us’ or ‘our’ or ‘we’ refers to David Khan TA Torbay Homes, the owner of the Site. The term ‘you’ or ‘your’ refers to the Site user.

Your use of this Site is subject to the following terms and conditions:

Application of Terms

1. Should you continue to use this Site, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and any other terms and conditions on the Site from time to time (Terms), govern Little Spark Digital’s relationship with you in connection with this Site. Should you not agree with any of these Terms, please do not use our Site.
2. These Terms do not relate to your use of any product or service described on our Site unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

Use of Site

3. The content of this Site is for your general information and use only. It is subject to change without prior notice.
4. You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the Site. Users who engage in such behaviour may be banned or blocked from using the Site.
5. Unauthorised use of this Site may be a criminal offence and/or give rise to a claim for damages. We strictly prohibit you from changing, adding to, removing, defacing, hacking or otherwise interfering with the Site or any material or content displayed on the Site, or attempting to do any of those things.

Cookies and Links

6. This Site uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: name, email address, phone number, marketing budget, location, website, business name. We may also collect more or different personal information from time to time. See our Privacy Policy for more information, including disabling cookies.
7. This Site may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
8. Our Site may contain links to websites maintained by an affiliate (Affiliate Links). If you click on an Affiliate Link and purchase a good or service from them, we will receive a commission from our affiliate. Please note that we do not guarantee the availability or suitability of any product or service advertised for sale on an affiliate’s website. You should make your own enquiries to ensure that any product or service is suitable for your personal circumstances.
9. Legitimate backlinks to our Site are permitted, however, you are prohibited from backlinking to our site for any illegitimate reason (such as spam). If we decide that your backlink has been established for an illegitimate reason, we will request you remove the backlink. Refusal will constitute a breach of these Terms.

Warranties, Guarantees and Liability

10. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
11. Your use of any information or materials on this Site is entirely at your own risk, for which we will not be liable. It is your responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
12. To the fullest extent permissible by law, we specifically exclude liability for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you or any other person in connection with the use of this Site. We specifically exclude liability for negligence.
13. Furthermore, you indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Site.
14. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
15. In saying that, we want you to know that nothing in our terms limits or excludes any rights, guarantees, warranties, representations or conditions (or any liability under them) that our Australian customers are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law (ACL).

Intellectual Property

16. This Site contains materials which are owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the Site. As a user of our Site, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our Site in accordance with our Terms, copy and store the Site and its content in your device’s cache memory and to print pages from the Site for your own personal and non-commercial use. Except as outlined above, we don’t grant you any other rights whatsoever in relation to the Site- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the Site will transfer any intellectual property or associated rights. Any reproduction of the Site’s material other than in accordance with these Terms is prohibited.
17. You are permitted to share our Site or social media content that’s freely available for re-use or is in the public domain on social media, on the condition that you appropriately acknowledge us (for example, by tagging us in the post). If you’d like to share, republish or otherwise use our Site or content in a way that you aren’t expressly authorised to do by these Terms, or if you’re not sure how to acknowledge us, please don’t hesitate to get in touch.
18. We’ll sometimes ask our users to contribute content to our Site or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, images or other information) will be deemed to be non-confidential and non-proprietary unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.
19. All trademarks reproduced in this Site, which are not the property of, or licensed to us, are acknowledged on the Site.

No Affiliation

20. This Site is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.

Jurisdiction

21. Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales. If any dispute arises out of this agreement that requires resolution by a court or tribunal, the courts and tribunals of New South Wales will have exclusive jurisdiction to determine such dispute.

Changes and Termination

22. These Terms may be amended from time to time. We will post the amended Terms on the Site. Your continued use of our Site following any such amendments will be deemed to be confirmation that you have accepted those amendments.
23. The agreement between us constituted by your use of the Site may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the Site.

Last Updated: 14 March 2025