13 SOHO Website terms and conditions
This website is owned and operated by Soho Living Australia Pty Ltd (‘Owner’). By continuing to access this website you are agreeing to the terms and conditions set out below:
1. Use of material on this website
1.1 Generally
(a) Except for the limited use set out in paragraph 1.1(b) you may not use this website, or the material contained on it, for any purpose, including but not limited to:
(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading and/or reposting the material to any other website page;
(b) Notwithstanding the above restrictions on use of the material on this website, you may download material from this website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
(c) You may not modify or copy the layout of this website.
(d) The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on this website is provided for personal use only and may not be:
(i) re-sold and/or re-distributed in any material form;
(ii) stored in any storage media; and/or
(iii) re-transmitted in any media,
without the prior written consent of the Owner.
1.2 Links to other third party websites or third party advertisements
(a) This website contains links to third party sites which are provided solely as a convenience to you and should not be taken to imply any type of association, sponsorship and/or endorsement.
(b) The links to the third-party sites are owned and operated by third parties and which are not under the control of the Owner. If you link to any such websites, you leave the website and do so entirely at your own risk.
(c) This website may contain or display third party advertisements, which may or may not contain hyperlinks to websites operated by third parties. The display of such advertising materials does not in any way imply a recommendation or endorsement by the Owner, its products or services.
(d) The Owner is not responsible for the material contained on those linked sites.
1.3 Photos and Illustrations
(a) All photos and illustrations are representative only and are to be used only as a guide. Whilst every effort has been made to ensure the accuracy of all details within this website, to the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
(i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this website and/or accessed at or through this website;
(ii) the materials provided on this website (and any linked sites);
(iii) merchantability or fitness for any particular purpose for any service or product contained or referred to on this website and/or on any linked sites.
(b) The Owner may make changes to the materials on this website at any time without notice.
(c) Intending purchasers should make their own inspections and enquiries.
1.4 Viruses
(a) The Owner does not warrant guarantee or make any representation that:
(i) this website, or the server that makes the site available are free of software viruses;
(ii) the functions contained in any software contained on this website will operate uninterrupted or are error-free; and
(iii) errors and defects in this website will be corrected.
(b) The Owner is not liable to you for:
(i) errors or omissions on this website, or any linked sites.
(ii) delays to, interruptions of or cessation of the services provided on this website, or any linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of this website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
(c) You agree to be fully responsible for maintaining an appropriate means for the reconstruction of any lost data, which may be necessary as a consequence of you accessing this website.
1.5 Limitation of liability
(a) To the full extent permitted by law the Owner accepts no responsibility for any loss, damage, costs or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with your use of this website or any linked website or your reliance on any information contained or accessed through this website.
1.6 Use of information gathered
(a) The Owner and/or people authorised by it may gather and process the information:
(i) which you may provide when accessing this website, such as your name, telephone number, e-mail address and other personal information about you; and
(ii) regarding the way in which you use this website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the website.
(b) The Owner may authorise others to offer you goods and services using the information acquired.
1.7 Alteration of terms and conditions
(a) The Owner reserves the right to change these terms and conditions:
(i) with or without further notice to you; and
(ii) without giving you any explanation or justification for such change.
1.8 Relevant jurisdiction
(a) If any part of these terms and conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These terms and conditions will be governed by and interpreted in accordance with the law of Victoria, Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these terms and conditions.
2. House and Land Packages
All images, plans, maps and drawings are illustrative only and may not be to scale. Lot layout, lot size dimensions, easements, landscape treatments and final road layout are subject to change and conditional on authority approval. Land prices and availability must be confirmed with the developer prior to purchase. SOHO Living reserves the right to withdraw or amend prices, inclusions and promotions without notice. Price does not include stamp duty or government, legal, bank and/or additional charges related to land settlement. *Hudson Range inclusions listed on flyer marked with an asterisk are not part of the standard Hudson Range inclusions. The specified items are part of upgrade packs required as per relevant Developer Guidelines and package specific. In the case where items in the upgrade pack have been included, but not required as part of Developer Guidelines, it is more financially beneficial to the client. These items will not be available in standard Hudson Range House & Land packages. For full details speak to a New Home Consultant today. SOHO Living | CDB-U 50036
3. Pricing
Prices published on the website are based on SOHO Living standard floorplan with standard inclusions and on the client providing a cleared, level and accessible site prior to construction. For detailed home pricing, including details about standard inclusions for the house and charges for optional variations, please talk to one of our New Home Consultants. SOHO Living reserves the right to alter design and specification, build zones, pricing and other product information without notice.
3.1 First Home Owner package (under $750k)
*First Home Owner Package Price may be noted where applicable. The advertised package price assumes that the buyer is eligible and grant amounts may vary depending on the applicable laws and regulations at time of purchase. For more details on eligibility for the first home owners grant see https://www.sro.vic.gov.au/first-home-owner. SOHO Living will provide a construction contract for the house and separately the owners will enter into a contract to purchase land directly from the landowner. This advertised offer is subject to availability, statutory approval and a successful settled land contract. SOHO Living reserves the right to change prices or inclusions advertised without notice. For more detailed home pricing, including details about the standard inclusions for the house and optional upgrades and variations, please talk to one of our consultants.
4. Promotions
4.1 Save up to $40k off House & Land promotion
Promotional offer is valid from 13/02/2025 and applies to new deposits, on selected house and land packages, at Kinsford, Deanside only. “Save up to $40k off House & Land promotion” includes a $20k land price discount and a $20k base price discount for standard SOHO Living floorplans or a $10k base price discount for “Essentials’ range floorplans. This discount is included in the advertised package price and a further discount is not applicable. Offer not available in conjunction with any other offer. SOHO Living reserves the right to amend or withdraw the promotion without notice. Speak to your New Home Consultant for more information. ©Copyright Soho Living Pty Ltd. CDB-U 50036.
4.2 $15,000 to spend your way promotion
The “$15,000 to spend your way” promotion applies to new initial deposits on selected SOHO Living Townhomes and House & Land packages from 18 February 2025. This promotion is not available in conjunction with any other offer. Clients can select up to $15,000 worth of upgrades based on the retail value of items. Upgrade options are limited and subject to change, availability will be advised by the New Home Consultant. This cannot be redeemed for a cash discount, nor is any unused portion of the $15,000 redeemable for a cash discount. Images are for illustrative purposes only and may depict upgrade options available. SOHO Living reserves the right to withdraw or change pricing, inclusions, or promotion without notice.
4.3 Unlock 7-Star Energy Upgrades for Free Promotion 2024
SOHO Living Unlock 7-Star Energy Upgrades for Free Promotion 2024 Terms & Conditions
4.4 SOHO Living Let Us Pay Your Rent Promotion Terms & Conditions
SOHO Living Let Us Pay Your Rent Promotion is only valid for Coastal Vines, Ocean Grove project. The Builder agrees to grant the Incentive Payment to the Owner in consideration for the Owner entering into the Building Contract. The agreement does not come into force until the Owner has executed the Building Contract, paid the deposit due under the Building Contract and provided evidence of finance for the Building Contract. The Incentive Payment will commence on the Base Stage Receipt Date. The Incentive Payment is subject to the Owner strictly complying with the terms of the Building Contract and there being no default under the Building Contract. If the Owner is in default under the Building Contract at any time, including prior and after the Base Stage Receipt Date and/or the Building Contract is terminated, the Builder’s obligation to make the Incentive Payment ceases immediately. The Owner must provide all information requested by the Builder to enable payment of the Incentive Payment. The Owner is liable to ensure their correct personal details and banking details are provided to the Builder and that they remain accurate at all times. The Builder is not liable for any errors made by the Owner in this respect or any of the Owner’s other payment obligations. The Incentive Payment is only available to the Owner(s) and cannot be assigned. The Incentive Payment is only available to the first 10 deposits only. For any inquiries or additional information about this Promotion, please contact SOHO Living at sales@soholiving.com.au
4.5. Refer a Friend Terms and Conditions
To validly enter the promotion the referred purchaser must not have had any contact with any sales consultants associated with any SOHO Living Project or be registered on any SOHO Living database or Selling Agents database prior to the referral. $1000 will be paid to the Referrer, by the way of a Eftpos Gift Card as soon as reasonably practicable payable at site start of the Purchaser’s purchase.
5. Project Terms and Conditions
5.1 The Aspect, Keilor Downs
DCEEW Documentation related to the The Aspect, Keilor Downs can be found at this link
6. Lifetime Structural Warranty
Eligibility
1. The Lifetime Structural Guarantee is only provided to You. ‘You’ are the original owner(s) named as the owner(s) in the building contract for domestic building works located in the State of Victoria. The Lifetime Structural Guarantee cannot be transferred or passed on to any person including any subsequent owners of the home because the guarantee only applies to You. The Lifetime Structural Guarantee will cease to exist upon the transfer of the ownership of the home from You to a subsequent purchaser or if You cease to be the owner(s) of the home for any reason whatsoever.
2. For the purposes of this Lifetime Structural Guarantee ‘we’ and ‘us’ refers to SOHO Living Australia Pty Ltd ABN 14 147 394 367 / ACN 147 394 367.
3. The Lifetime Structural Guarantee only applies to and can only be claimed by the original owner(s) named as the owner(s) in the building contract who have paid a deposit to us under the building contract on a date after 21 July 2025.
4. To be eligible to submit a claim the original owner(s) in the building contract must provide evidence of or be currently registered on the SOHO Living online Customer Portal.
Coverage
5. Subject to the other provisions of these Terms and Conditions, we will only rectify, at our cost, the structural failure of any of the following items:
(a) Foundation systems pursuant to the Building Code of Australia and relevant Australian Standards including AS 2870, Appendix B. Note: for a structural failure of this kind to exist, it must be a ‘Damage Category 3’ or higher (as defined in AS 2870); and
(b) Structural components but limited to structural timber wall frames or of the roof frame. Note: for a structural failure of this kind to exist, it must be as defined pursuant to the Building Code of Australia and all relevant Australian Standards including AS 1684.
6. For the avoidance of doubt the Lifetime Structural Guarantee does not apply to any other defects, structural or otherwise, in the works and the home.
Claim
7. To make a claim under the Lifetime Structural Guarantee, you must outline your claim in writing and submit your claim and all supporting documentation via post or via email to our address as outlined in these Terms & Conditions (Claim). In response to your Claim:
(a) We will review your Claim and we may arrange for an inspection of your home to determine the following:
(i) Whether there is a structural failure within the meaning of these Terms & Conditions; and
(ii) If there is a structural failure within the meaning of these Terms & Conditions, whether you have otherwise complied with all of the requirements of these Terms & Conditions, including but not limited to eligibility requirements, any and all maintenance requirements and the responsibilities on you.
(b) We will respond to your Claim in writing and in doing so we may provide reasons for our determination; and
(c) If your Claim is accepted by us, we will either undertake rectification works as determined by us (in our sole discretion) at our cost and within a reasonable period of time (but such rectification works are limited to these terms) or we will make a payment to you for the estimated cost of such rectification works as determined by us (and in our sole discretion). If we elect to settle a Claim by way of payment or by undertaking rectification works, we may require you to sign a release in respect of your Claim before making the payment or undertaking the rectification works (as the case may be).
Notice of Claim
8. For the purposes of clause 6, our email address to which you may submit a Claim is maintenance@soholiving.com.au.
Cooperation
9. At all times you must cooperate with us and use reasonable endeavours to allow us and our agents access to your home for inspection(s) and for carrying out any rectification works which we agree to undertake. If you fail to do this, we may decline to accept your Claim, reject your Claim (if it has been accepted) or decline to proceed with any rectification works or proposed payment.
Maintenance Requirements & Exclusions
10. To be eligible and to remain eligible for the Lifetime Structural Guarantee, you must comply with each of the following requirements:
(a) At all times, you must maintain your own home in accordance with ‘VIC-CSIRO Guide – Foundation Maintenance and Footing Performance’ (found at this link: https://research.csiro.au/infratech/btr/) or any such version of that guide or equivalent document that may be issued and be in force from time to time; and
(b) At all times, you must maintain your home in compliance with any and all contract documentation annexed to, referred to or in any way connected with your building contract.
11. Without limiting clause 5 above, the Lifetime Structural Guarantee excludes the following items, for which coverage WILL NOT be provided:
(a) Any loss or structural failure to your home arising from or in any way connection with your non-compliance with VIC-CSIRO Guide – Foundation Maintenance and Footing Performance or any such version of that guide that may be force from time to time;
(b) Structural failure arising from or in connection with your failure to satisfactorily maintain your home’s landscaping, drainage system(s) and any and all termite treatment programs that may required or installed at your home;
(c) Structural failure or damage to your home arising from damage caused or contributed to by:
(i) trees or plants that are situated or proximate to the footing or foundations of the home;
(ii) your general misuse or neglect;
(iii) fair wear and tear; or
(iv) changes to site conditions due to your non-compliance with clause 8, or which occur after the settlement of your home and which are abnormal and/or outside the Builder’s control such that the change of conditions are not due to changes of season nor expected weather conditions;
(d) Any damage or structural failure to your home caused or contributed to by weather, storm, fire, rain, flood, water leaks or water flows, fire, terrorism, criminal or intentional acts, errors or omissions or earthquake or similar natural forces or events;
(e) Any renovations, additions or other structural changes including significant landscaping and pools undertaken to the home after completion. Such renovations, additions or other structural changes will void the Lifetime Structural Guarantee;
(f) Damage or structural failure to the footing system to your home that arises from or is in any way in connection with abnormal site conditions including but not limited to the planting of trees, inappropriate or poorly designed landscaping and/or poor surface drainage or flows of water from other property or properties; or
(g) Damage of a non-structural nature such as any marks or scratches or fair wear and tear.
CDB-U 50036