Requirements
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Requirements
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Housing for Karratha service workers

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Affordable housing for service workers

Quality subsidised housing that is targeted at retaining local service worker employees (not single transient workforces).

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Conveniently located in the heart of Karratha

Located at the end of Sharpe Avenue, Warambie Estate is conveniently located within walking distance of food, retail and...

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Range of home designs available

Warambie Estate has a range of 1, 2 and 3 bedroom homes available for lease. Explore our designs below.

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What we do
at Warambie Estate

The estate provides an accommodation mix of one, two and three bedroom homes at a subsidised rental to support eligible business and employees who provide essential services to the community of Karratha.

Applications for accommodation are assessed by a local allocations committee, appointed by DevelopmentWA, using a set of eligibility criteria.

Employee eligibility

  • Do you hold Australian citizenship or otherwise eligible to work within Australia?
  • Do you own or have a share, whole or in part, of any form of property north of the 26th parallel?
  • Agree to the community policy at Warambie Estate.
  • Do you have a contract of ongoing employment, working no less than 30 hours per week, with an organisation that directly services the City of Karratha?
  • Partner or dependent not working for the resources sector, with a combined household income $135,000 or less.

Who we are

Warambie Estate is owned by the State Government through DevelopmentWA. The estate is managed under contract by Trend 55 who is a specialist manager of gated communities, including seniors style accommodation.

  • Policy formulation and management
  • Extensive experience in community infrastructure management.
  • Clear understanding of the legislative framework under which the community operates.
  • Community management expertise to help tenants experience quiet enjoyment while in the Estate including facilitating respecting of the rights of others.

Explore our homes

Warambie Estate has a selection of 1, 2 and 3 bedroom unfurnished homes including a small selection of homes that are capable of supporting tenants with disabilities.
View Typical Floorplans
Warambie Estate
Warambie Estate
Warambie Estate
Warambie Estate

Requirements

For Employees

To be completed and signed by the nominated / proposed tenant and witnessed by an authorised officer.

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This includes the relevant Visa’s , Australian Birth Certificates, Residency Certificates. This should also cover partners and dependent children. Copies of passports must be valid and current.

Employment contract must be a signed contract/letter of offer – signed by employer and proposed tenant.

Pay slips must be 2 consecutive pay slips and not older than 4 weeks from date of application for all proposed occupants of the accommodation (where working and includes partner/s).

Group Certificate(s) or Statement(s) of Earnings for all those residing in the accommodation (includes partners).

The Estate Policy must be signed by the Directors/ CEO of the company and the proposed tenant, indicating the proposed lease term.

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You are required to provide a valid photos ID (passport, drivers licence)

For Employers

To be completed and signed by a director/s or a duly authorised officer of the company/business and witnessed by an authorised officer.

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Provide a copy of the current business registration certificate as issued by the appropriate WA Government authority.

Provide a bank statement on bank letterhead, in the name of the business/company for which the tenancy is sought. The statement is to be no more than 4 weeks older than the date of the application for a tenancy.

You will be required to provide the name of directors if a company.

You will be required to upload a valid and recent statement of business earnings

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Standard Terms and Conditions

1. General

1.1 These are the Terms and Conditions referred to in the Warambie Estate Purchase Order. All Goods and Services sold or supplied by the Supplier to Trend 55 Pty Ltd ACN 658 558 742 (Warambie) or its related entities are supplied on these Terms and Conditions.

1.2 These Terms and Conditions are in addition to any formal agreement with Warambie entered into by the Supplier in relation to the Goods or Services (Contract). Should there be any inconsistency between these Terms and Conditions and the Contract, the Contract shall prevail.

1.3 Warambie will order Goods or Services from the Supplier by issuing a Purchase Order. The Supplier is deemed to accept the Purchase Order on the earliest of:
(a) communicating to Warambie that it accepts the Purchase Order in writing;
(b) delivering the Goods ordered in accordance with these Terms and Conditions;
(c) commencing to carry out the Services the subject of the Purchase Order; and
(d) 7 days after receipt of the Purchase Order unless rejected earlier in writing.

1.4 If the Supplier accepts a Purchase Order, a contract comes into existence (the Agreement)
and these Terms and Conditions apply.

2. Interpretation

2.1 In these Terms and Conditions:
Acceptance has the meaning given in clause 5.1, and Accepted and Acceptable have corresponding meanings.
ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means a day other than a Saturday, Sunday or public holiday in Perth, Western Australia.
Confidential Information means all non-public information of a party, whether technical, commercial, financial or otherwise, that is disclosed by or on behalf of that party in connection with the Agreement, including the terms of the Agreement and any Purchase Order.
Date for Delivery means the date for delivery of the Goods specified in the Purchase Order, or such other date as agreed between the parties in writing.
Date for Acceptance means the date by which the Goods and Services must be Acceptable, as specified in the Purchase Order or otherwise agreed in writing.
Goods means any material, plant, parts, item or equipment specified in the Purchase Order.
GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Manufacture includes grow, extract, produce, process and assemble.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the price payable for the Goods and Services as set out in the Purchase Order or otherwise agreed in writing.
Purchase Order means a written order issued by Warambie to the Supplier for the supply of Goods and/or Services.
Services means the services as specified in the Purchase Order.
Supplier means the person or persons, including any corporation, providing the Goods or Services, as specified in the Purchase Order.
Supplies means the Goods and/or Services as the context requires.
Warranty Period means six (6) months, or such longer period specified in the Contract, commencing on Acceptance of the Goods and Services.

2.2 Headings are for convenience only and do not affect the interpretation of these Terms and Conditions.

2.3 A reference to a statute includes any statutory amendment, modification or re-enactment, and any regulations made under it.

2.4 Where a word or phrase is given a defined meaning, any other grammatical form has a corresponding meaning.

3. No Exclusivity

3.1 The Supplier acknowledges that these Terms and Conditions do not confer any right on the Supplier to be a sole or exclusive supplier of the Goods or Services or similar goods or services.

3.2 Nothing in these Terms and Conditions obliges Warambie to request, procure or acquire any minimum level or expected level of Goods or Services from the Supplier.

4. Delivery and Packing of Goods

4.1 Goods are taken to be delivered when the Goods arrive at the point nominated in the Purchase Order (Delivery).

4.2 Delivery of Goods must be achieved by the Date for Delivery and, if no date or time is specified, the Goods must be delivered promptly, expeditiously and with due diligence and without delay.

4.3 Warambie can specify in writing a later time for Delivery.

4.4 The Goods must be:
(a) packed and protected having regard to industry-accepted methods of carriage, handling and weather conditions;
(b) packed using minimal or environmentally friendly packaging material where practicable;
(c) provided and fitted with adequate handling devices required for lifting and handling;
and
(d) delivered with a delivery docket, packing note or Invoice quoting the Purchase Order number, quantity dispatched, description of the Goods, and the consignment marked as being for Warambie and showing the correct Purchase Order number.

4.5 Warambie may inspect the Goods upon Delivery or at any time thereafter.

5. Acceptance

5.1 Acceptance means the stage in the carrying out and completion of the supply of Goods and Services when:
(a) the Goods and Services comply in all respects with the requirements of these Terms and Conditions and any Contract, including all warranties;
(b) all tests and re-tests required by the Contract to be carried out and passed have been carried out, passed and accepted by Warambie; and
(c) all original equipment manufacturer manuals and warranties, documents and any other information reasonably requested by Warambie have been supplied.

5.2 When the Supplier believes that the Goods and Services are Acceptable, it must promptly notify Warambie in writing.

5.3 Following notice in accordance with clause 5.2 Warambie will promptly inspect or test the Goods and Services and then, by written notice, Warambie may (acting reasonably) either:
(a) if the Goods and Services are Acceptable, accept the Goods and Services (Acceptance) or part of them; or
(b) if the Goods and Services are not Acceptable:
(i) reject the Goods and Services or part of them and rely on the remedies in clause 5.4; or
(ii) accept the Goods and Services or part of them and offset a reasonable amount from the Price.

5.4 If any Goods and Services are rejected, Warambie may:
(a) require the Supplier to collect the Goods and/or demobilise any Services at its own cost;
(b) require the Supplier to rectify, at its own cost, the Goods and Services and resubmit them; and/or
(c) appoint a third party to complete or re-perform the supply of the Goods and Services, and the Supplier shall reimburse Warambie for any costs incurred.

5.5 Any delivery or acknowledgement of receipt of Goods and Services, including by signing ‘acceptance’ forms or similar, does not constitute Delivery or Acceptance.

6 Quality of Goods and Services (warranties)

7.1 The rates or prices for the Goods or Services, including any deposits, are fixed and set out in the Purchase Order.

7.2 The rates and prices include all things necessary and incidental to the supply of the Goods or Services including packaging, travel, freight, insurance and duties, but exclude GST (which
is dealt with under clause 18).

7.3 At the time specified in the Contract or, if none, upon Acceptance by Warambie of the Goods and Services, the Supplier may issue an Invoice to Warambie.

7.4 The Invoice must:
(a) be addressed in accordance with the Purchase Order;
(b) identify the Purchase Order number;
(c) be a tax invoice for GST purposes; and
(d) where explanation is necessary, be accompanied by documentation substantiating the amount claimed.

7.5 Warambie may offset or deduct from an Invoice any amount which it considers, acting reasonably, is due or may become due from the Supplier to Warambie, or withhold any disputed portion of the Invoice.

7.6 Save to the extent offset under clause 7.5, Warambie will pay Invoices which comply with clause 7.4 within thirty (30) days from the end of the month in which the Invoice was received.

7.7 To the extent the Goods or Services constitute “construction work” or “related goods and services” under the Building and Construction Industry (Security of Payment) Act 2021 (WA),
the parties acknowledge that Act applies to any payment claim and nothing in clause 7.5 or 7.6 is intended to derogate from any non-excludable entitlement of the Supplier under that Act.

7.8 Any payment for Goods and Services does not constitute Acceptance or completion, nor waive or prejudice any rights Warambie may have under these Terms and Conditions or any
Contract.

7. Payment

7.1 The rates or prices for the Goods or Services including any deposits are fixed and set out in the Purchase Order.

7.2 the rates and prices include all things necessary and incidental to the supply of the Goods or Services including, packaging, travel, freight, insurance, duties, taxes (excluding GST).

7.3 At the time specified in the Contract or if none, upon acceptance by Warambie of the Goods and Services, the Supplier may issue an Invoice to Warambie .

7.4 The invoice must:

  • (a) be addressed in accordance with the Purchase Order;
  • (b) identify the Purchase Order number;
  • (c) be a tax invoice for GST purposes; and
  • (d) where explanation is necessary, be accompanied by documentation substantiating the amount claimed.

 

7.5 Warambie  may offset or deduct from an Invoice, any amount which it considers, acting reasonably, is due or may become due from the Supplier to Warambie  or withhold any disputed portion of the Invoice.

7.6 Save to the extent offset under clause 7.5, Warambie will pay Invoices which comply with clause 7.4, within thirty (30) days from the end of the month in which the Invoice was received.

7.7 Any payment for Goods and Services does not constitute acceptance or completion nor waive or prejudice any rights Warambie may have under these Terms and Conditions or any Contract.

 

8. Delay and Force Majeure

8.1 Force Majeure event means any event or circumstance beyond the reasonable control of the affected party (other than financial distress) which by the exercise of reasonable diligence
could not have been prevented or provided against, including:
(a) strikes, lockouts or other labour disturbances;
(b) riots, war or acts of terrorism;
(c) fire, flood, cyclone, bushfire, storm or other extraordinary weather event;
(d) epidemic, pandemic or public health emergency declared by a Commonwealth or Western Australian authority; and
(e) any act or restraint of government, including any order, direction or notice issued under State or Commonwealth law.

8.2 If the Supplier considers that it will or may be delayed in supplying any Goods and Services, the Supplier must notify Warambie within 7 days of becoming aware, or of when it ought
reasonably to have been aware, of the likely delay.

8.3 Provided that notice has been given under clause 8.2, to the extent that the Supplier is delayed in achieving Delivery and/or Acceptance by the Date for Delivery and/or the Date for Acceptance due to:
(a) a Force Majeure event; or
(b) any breach by Warambie, its agents or contractors,
then, to the extent of that delay, the Supplier will be entitled to, and Warambie will allow the Supplier, an extension to the Date for Delivery and/or Acceptance.

8.4 Notwithstanding anything to the contrary in these Terms and Conditions, if a Force Majeure event has a material adverse impact on the provision of Services or Goods for a period of sixty (60) days or more, Warambie may, by notice to the Supplier, terminate the Agreement with immediate effect without any cost or liability whatsoever except for the cost of Goods and Services actually supplied and Accepted up to the date of the Force Majeure event.

8.5 Except as otherwise provided by this clause, the Supplier has no entitlement to extra time or costs due to a delay or disruption to the supply of the Goods and Services.

9. Risk and Title

9.1 Risk in connection with the Goods passes on Delivery in accordance with this clause.

9.2 Title, property and ownership in the Goods passes to Warambie upon payment of the Price.

9.3 After title passes, the Supplier must promptly remove any security interest, and Warambie may register a security interest in relation to the Goods.

9.4 Each party waives its rights to any verification statements under s 157 of the Personal Property Securities Act 2009 (Cth) (PPSA) and any other notices required under the PPSA, including but not limited to sections 95, 96, 117, 118, 120, 123, 125, 126, 128–135, 142 and 143, to the extent permitted at law.

9.5 Neither party may register, sell, hire, lease, assign rights to, or dispose of any security interest in relation to the Goods other than as permitted by these Terms and Conditions.

9.6 To the extent permitted by law, the parties contract out of Chapter 4 of the PPSA pursuant to section 115 of the PPSA, and the Supplier waives

10. Indemnity and Insurance

10.1 The Supplier must indemnify Warambie, its employees, agents and subcontractors from and against all liability in respect of:
(a) the illness, injury or death of any person; and
(b) loss of or damage to the property of any person,
caused or contributed to by the Supplier, save to the extent caused or contributed to by Warambie or any person for whom Warambie is responsible at law.

10.2 Before commencing the supply of any Goods and Services, the Supplier must obtain and maintain until the end of the Warranty Period (without limiting subclause 10.2(f)):
(a) public and products liability insurance with a limit of not less than $10,000,000 for any one occurrence in relation to public liability, and $10,000,000 for any one occurrence and in the annual aggregate in relation to products liability;
(b) workers’ compensation and employers’ liability insurance (including common law liability insurance for an amount of not less than $50,000,000 per occurrence) or as otherwise required by the Workers Compensation and Injury Management Act 2023
(WA) and any successor or related legislation, and where permitted by law, include a principal’s indemnity extension at statute and common law and a waiver of subrogation in favour of Warambie;
(c) if Goods are being supplied, goods-in-transit insurance covering physical loss or damage for not less than the total invoice value of the Goods supplied;
(d) motor vehicle third-party property liability insurance with a limit of not less than $10,000,000 per claim;
(e) insurance covering physical loss or damage to the Supplier’s own property, equipment and materials owned, hired, leased or used by the Supplier for their full replacement value;
(f) if professional services are being performed, professional indemnity insurance with a limit of liability not less than $5,000,000 per claim and in the annual aggregate, maintained for a period of seven (7) years after expiry of the Warranty Period; and
(g) any additional insurance required by law or as reasonably requested by Warambie from time to time.

10.3 The Supplier must:
(a) pay the deductible, excess or self-insured retention in connection with any claim made in respect of any insurance policy effected under clause 10.2;
(b) ensure that each insurance policy referred to in clause 10.2 is effected with an insurer or insurers of reputable standing authorised to carry on insurance business in Australia;
(c) on request, provide Warambie with current insurance certificates from the relevant insurer or the Supplier’s insurance broker for each insurance policy required under clause 10.2; and
(d) promptly and without delay notify Warambie if an insurer gives a notice of cancellation or other notice in respect of any insurance policy.
10.4 The Supplier must ensure that all of the Supplier’s subcontractors effect and maintain insurance equivalent to that required by clause 10.2 (including as to amounts of cover and
type of insurance), to the extent appropriate to the work being subcontracted.

11. Intellectual Property

11.1 Intellectual Property means all intellectual property rights, including but not limited to patents, copyright (including all copyright in software), registered designs, registered and unregistered trade marks, rights to have information kept confidential, processes, inventions, improvements, innovations, modifications and discoveries, rights in ideas, formulae, algorithms and concepts, whether or not capable of being secured, registered or protected by any means.

11.2 Each party owns and retains title to all Intellectual Property created prior to, or independently of, the supply of the Goods and Services under the Agreement (Background IP).

11.3 All Intellectual Property created or developed by the Supplier for the purpose of, or in the course of, supplying the Goods and Services (Project IP) vests in and becomes the property of Warambie on creation, and the Supplier assigns all such Intellectual Property to Warambie.

11.4 If necessary for the provision of the Goods and Services, each party grants to the other a non-exclusive, non-transferable, royalty-free licence to use its Background IP for the sole purpose of performing its obligations under the Agreement, and for no other purpose.

11.5 The Supplier shall not, without the prior written consent of Warambie:
(a) copy, reproduce or replicate Warambie’s Intellectual Property;
(b) disclose Warambie’s Intellectual Property to any person or organisation; or
(c) represent to any person or organisation that the Supplier owns or has any rights in relation to Warambie’s Intellectual Property.

11.6 The Supplier shall indemnify and keep indemnified Warambie from and against all liabilities in respect of any actual or alleged infringement by the Supplier of any third party Intellectual Property rights in connection with the Goods and Services.

11.7 The Supplier warrants that it has obtained, or will obtain, all necessary consents under the Copyright Act 1968 (Cth), including any required written consents to acts or omissions that would otherwise infringe the moral rights of authors of any works comprised in the Project IP.

12. Assignment and Subcontracting

12.1 The Supplier must not assign or subcontract any of its rights or obligations under these Terms and Conditions without the prior written consent of Warambie.

12.2 The Supplier is responsible as principal for the acts and omissions of its contractors and subcontractors as if they were the acts and omissions of the Supplier.

12.3 To the extent permitted by section 4A of the Civil Liability Act 2002 (WA), the parties agree that Part 1F of that Act is excluded from these Terms and Conditions, and the proportionate
liability regime contained

13. Termination:

Termination for cause
13.1 Either party may terminate the Agreement effective immediately, by notice in writing to the other party, if:
(a) the other party breaches a material obligation and fails to rectify that breach within 14 days of a written request by the first party to do so; or
(b) the other party becomes bankrupt or insolvent, has an external administrator (including a controller, receiver, liquidator, administrator or trustee in bankruptcy) appointed, or fails to set aside or have revoked (within the time required) a statutory
demand.

13.2 If a party terminates under clause 13.1, each party will be entitled to its remedies at law as if the other party had repudiated the Agreement and the terminating party had accepted that
repudiation and elected to terminate.

13.3 Upon receipt of a notice of termination under the Agreement, the Supplier must cease the supply of the Goods and Services as soon as practicable and, in any event, not later than 7 days after receipt of the notice of termination, and must:
(a) remove and demobilise all of the Supplier’s equipment, debris and other property, and leave the site in a tidy and safe condition;
(b) take all reasonable action to mitigate any claims and costs that may be incurred by the Supplier as a result of the termination; and
(c) provide Warambie with a report in relation to the Goods and Services performed up to and including the date of termination.

Termination for convenience
13.4 Warambie may, without cause, in its sole discretion and for its own convenience, terminate the Contract or any part of it on 14 days’ written notice to the Supplier.

13.5 If Warambie terminates the Contract, or any part of it, for convenience under clause 13.4, the Supplier will be entitled to be paid the Price for any Goods supplied and Services performed
in accordance with the Contract up to and including the date of termination only.

13.6 The entitlement set out in clause 13.5 is the Supplier’s sole and exclusive remedy in relation to a termination for convenience under this clause by Warambie, and the Supplier is not entitled to any other lost profits, revenue, opportunity or anticipated savings.

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions are governed by and construed in accordance with the laws in force in the State of Western Australia.

14.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms and Conditions or any Contract.

15. Work Health and Safety

15.1 The Supplier acknowledges that, in performing the Services and supplying the Goods, it has duties as a person conducting a business or undertaking under the Work Health and Safety Act 2020 (WA) (WHS Act) and the regulations made under it.

15.2 The Supplier must, so far as is reasonably practicable:
(a) ensure the health and safety of its workers and any other person who may be affected by the Services or the Goods;
(b) comply with the WHS Act, all applicable codes of practice, and any work health and safety policies, procedures and reasonable directions notified by Warambie from time to time;
(c) consult, co-operate and co-ordinate activities with Warambie and any other duty holder having a duty in relation to the same matter under the WHS Act; and
(d) promptly notify Warambie of any notifiable incident, hazard, near-miss, or notice issued by a regulator in connection with the Services or Goods.

16. Compliance with Laws and Policies

16.1 The Supplier shall, in its dealings with its employees and contractors, comply with all applicable laws, including those relating to equal employment opportunity, antidiscrimination, work health and safety, workers’ compensation, superannuation, fair work, taxation and immigration.

16.2 The Supplier must comply with all applicable obligations under the Modern Slavery Act 2018 (Cth), and must promptly notify Warambie of any actual or suspected modern slavery practices in its operations or supply chain in connection with the Goods or Services.

16.3 In handling any Personal Information collected, used or disclosed in connection with the Agreement, the Supplier must comply with the Privacy Act 1988 (Cth), including the Australian Privacy Principles, as if the Supplier were an APP entity, and must comply with any reasonable directions of Warambie in relation to privacy and data security.

17. Confidentiality

17.1 Each party must keep the Confidential Information of the other party confidential and must not use or disclose it except:
(a) to the extent necessary to perform its obligations or exercise its rights under the Agreement;
(b) to its officers, employees, contractors and professional advisers on a need-to-know basis and subject to equivalent obligations of confidence; or
(c) as required by law or by any regulatory authority.

17.2 On termination of the Agreement, or at any time on request, the Supplier must promptly return or, at Warambie’s option, destroy all Confidential Information of Warambie in its possession or control, except to the extent retention is required by law.

18. Dispute Resolution

18.1 If a dispute arises between the parties in connection with the Agreement, neither party may commence legal proceedings (other than for urgent interlocutory relief) until the following procedure has been followed:
(a) the party claiming a dispute exists must give written notice of the dispute to the other party, setting out the nature of the dispute and the relief sought;
(b) within 10 Business Days of the notice, the parties’ authorised representatives must meet (in person or by video conference) and use reasonable endeavours to resolve the dispute in good faith; and
(c) if the dispute is not resolved within a further 15 Business Days, either party may refer the dispute to mediation administered by the Western Australian Bar Association, with the mediation conducted in Perth, Western Australia under the rules of that body.

18.2 Each party must continue to perform its obligations under the Agreement during any dispute, except to the extent the subject matter of the dispute prevents it from doing so.

19. Notices

19.1 A notice or other communication under the Agreement must be in writing and may be delivered by hand, sent by prepaid post, or sent by email to the address or email address of the recipient set out in the Purchase Order or otherwise most recently notified in writing by the recipient.

19.2 A notice is taken to be received:
(a) if delivered by hand, on the day of delivery if delivered before 5.00pm on a Business Day in Perth, otherwise on the next Business Day;
(b) if sent by prepaid post within Australia, on the third Business Day after posting; and
(c) if sent by email, at the time the email enters the recipient’s information system, unless the sender receives an automated message indicating non-delivery, in which case the notice is not taken to have been received.

20. Waiver

20.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing and signed by the party giving the waiver.

21. Variation

21.1 The Agreement may only be varied by written agreement between Warambie and the Supplier. Warambie and the Supplier shall act reasonably in deciding whether to agree to a variation requested by the other party.

22. Negation of Employment, Partnership and Agency

22.1 The Agreement does not create a relationship of employment, agency, partnership or joint venture between the Supplier and Warambie. The Supplier is an independent contractor.

23. Goods and Services Tax

23.1 Unless otherwise expressly stated, all rates and Prices under these Terms and Conditions and any Contract are exclusive of GST.

23.2 If GST is payable on a supply made under or in connection with the Agreement, the recipient of the supply must pay to the supplier, in addition to any consideration otherwise payable for that supply, an additional amount equal to that consideration multiplied by the prevailing rate of GST.

23.3 Warambie is not liable to pay any claim by the Supplier until it receives a valid tax invoice for the relevant amount.

24. Severability

24.1 If any provision of these Terms and Conditions is held to be invalid, unenforceable or illegal in any jurisdiction, that provision is to be read down or severed to the minimum extent necessary, without affecting the validity or enforceability of the remaining provisions.

25. Entire Agreement

25.1 The Agreement (comprising the Purchase Order, these Terms and Conditions and any Contract) constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior negotiations, representations and agreements, whether oral or written, except to the extent that any such representation has been incorporated into the Agreement.

26. Counterparts and Electronic Execution

26.1 The Agreement may be executed in any number of counterparts, each of which when executed and delivered is an original, but all of which together constitute one and the same instrument. Execution by electronic signature or in counterparts exchanged electronically is taken to be valid execution for the purposes of the Electronic Transactions Act 2011 (WA) and the Electronic Transactions Act 1999 (Cth).

27. Survival

27.1 Clauses which by their nature are intended to survive termination or expiry of the Agreement
— including clauses 6 (Warranties), 9 (Risk and Title), 10 (Indemnity and Insurance), 11 (Intellectual Property), 14 (Governing Law and Jurisdiction), 16 (Compliance with Laws), 17
(Confidentiality), 18 (Dispute Resolution) and 23 (GST) — survive termination or expiry of the Agreement.

PRIVACY POLICY

OUR COMMITMENT

This statement sets out the Trend 55 Pty Ltd as trustee for the Freycinet Family trading as Warambie Estate privacy policy in respect of personal information, which you may provide to WARAMBIE ESTATE. WARAMBIE ESTATE recognises that your privacy is very important to you and we are committed to promoting confidence in the manner in which your personal information is handled by us. The statement that follows explains how WARAMBIE ESTATE collects, uses, discloses and protects this information on the WARAMBIE ESTATE website.

SUPPORTING INDUSTRY BEST PRACTICE

WARAMBIE ESTATE is committed to supporting the National Privacy Principles (NPP) for the Fair Handling of Personal Information established by the Australian Federal Privacy commissioner and embodied in the Privacy Amendment (Public Sector) Act 2000. Our aim is to ensure that we comply with principles that form the basis of laws introduced to strengthen privacy protection for consumers. We believe that in ensuring that we comply with the NPP this statement will address any potential concerns you may have about how personal information you provide to us is stored, used and accessed.

COLLECTION OF INFORMATION

WARAMBIE ESTATE receives and stores transaction information that you may provide from time to time. Wherever it is lawful and practicable, WARAMBIE ESTATE will endeavour to provide you with the option of not identifying yourself or not providing personal information when entering transactions with us. However, failure to provide the full and complete information we request may result in a limited ability on our part to offer or deliver complete services to you. No personal information is collected when you browse anonymously. Personally, identifiable information such as name and contact details (email addresses) are only collected when you make an enquiry. All other information will be requested from you directly. Information collected is kept for as long as it is needed to provide services and information requested by you. When your information is no longer needed for these purposes we will securely store that information and will only access for the purposes of referencing future applications for accommodation or for the provision of aggregated non-identifying information from State Government agencies.

USE AND DISCLOSURE OF INFORMATION

We may use the information you provide to help inform you of other information or to comply with requirements under the law. We may share your information with other parties (such as suppliers or agents) who may provide various services to WARAMBIE ESTATE. These parties may be used to, amongst others, process orders, provide marketing support, provide IT support and services, provide services and products not available to WARAMBIE ESTATE, and pass information to strategic partners. WARAMBIE ESTATE does not permit these parties to use information about you for any other purpose than to perform the services that WARAMBIE ESTATE has instructed them to provide. All suppliers, agents and third-party companies must either sign a confidentiality agreement with WARAMBIE ESTATE before any personal information is disclosed by WARAMBIE ESTATE or have systems in place to meet the NPP. WARAMBIE ESTATE will not, without your consent, disclose personal information for any purpose (a Secondary purpose) other than for the main purpose (Primary purpose) of fulfilling our business commitments to you, except where:
(a) it is required or authorised by law or for purposes of law enforcement and matters directly related to law enforcement or the prevention of unlawful activity;
(b) the Secondary purpose is related to the Primary purpose (or directly related when sensitive information is involved) and there is a reasonable expectation that we would use or disclose the information in the circumstances;
(c) WARAMBIE ESTATE reasonably believes it is necessary to prevent any serious and imminent threat to any person’s life, health or safety or the public’s health or safety. WARAMBIE ESTATE will not otherwise disclose your personal information to any other party without your consent.

THIRD PARTY RELATIONSHIPS

To provide you with a more informative online experience WARAMBIE ESTATE may use the online resources, from time to time, of suppliers, agents and business partners. Such services comprise links to third party sites that may promote additional services and products. In any such relationship WARAMBIE ESTATE takes all reasonable steps to ensure that these parties have and enforce an adequate privacy policy. Understandably, the privacy policy of a third party might be different to that of WARAMBIE ESTATE and it is advisable that you carefully review any third party’s privacy policy before using the third party’s products and/or services.

STORAGE AND SECURITY OF PERSONAL INFORMATION

WARAMBIE ESTATE will use all reasonable endeavours to ensure that you only provide personal information in a secure environment and when the information is no longer needed it will be destroyed or permanently rendered anonymous. In conjunction with our key suppliers and agents, we operate secure data networks protected by a firewall and password protection system. We also take care to ensure that we have security measures in place to protect against the loss, misuse, unauthorised access, alteration, modification or disclosure of your user data under our control. Notwithstanding the fact that we take all reasonable steps to protect your personal data, we cannot guarantee the security of any data you disclose online. WARAMBIE ESTATE imposes strict rules on its employees who have access either to the databases that store your user information or to the servers that may host our services and while we cannot guarantee that any unauthorised access, disclosure, loss, misuse or alteration to your data will not occur, we will take all reasonable steps to prevent such unfortunate occurrences. You accept the inherent security implications of dealing online over the Internet and will not hold WARAMBIE ESTATE or its agents or suppliers responsible for any breach of security.

ACCESSING AND CHANGING YOUR PERSONAL INFORMATION

WARAMBIE ESTATE attempts to ensure that all personal information collected and stored in its database systems is correct and accurate. You may at any time request access to correct information we have collected from you and obtain a more in-depth explanation about how the information is used by contacting us through the website. Unless personal information is required for administrative or legal reasons, we will take all reasonable steps to meet your requests at the earliest possible opportunity and will endeavour to advise you of the outcome within 7 business days of receipt of your request. WARAMBIE ESTATE is committed to providing consumers with a fair and responsive system for handling and resolving complaints. You have a right to complain and to have your complaint handled efficiently. We believe that in receiving your complaint, we are provided with a valuable opportunity to improve the services we deliver to you and maintain your confidence in WARAMBIE ESTATE and our services. If at any time you wish to lodge a complaint in respect of the handling, use or disclosure of your personal information by WARAMBIE ESTATE you may notify us of your complaint via the following contact details: by contacting our WARAMBIE ESTATE via warambie@trend-55.com.

DIRECT MARKETING

Subject to obtaining your prior consent, WARAMBIE ESTATE may use your personal information for the purpose of providing you with information you may find of interest, important changes to the functionality or content of our website, or information on new products or services to be offered by WARAMBIE ESTATE. If you do not wish to receive Marketing Communications, you may at any time decline to receive such Marketing Communications by selecting the appropriate option at the point of providing us with your personal information or by contacting us. We will not charge you for giving effect to such a request and will take all reasonable steps to meet your request at the earliest possible opportunity.

LIABILITY DISCLAIMER

WARAMBIE ESTATE will use all reasonable endeavours to protect and keep confidential any personally identifiable information in its possession. If any confidential or personally identifiable information is accessed by a third party, whether by negligence or otherwise of WARAMBIE ESTATE, its agents, suppliers, contractors, related bodies corporate, affiliates or associated parties, to the extent permitted by law, WARAMBIE ESTATE is not liable for any loss, damage, costs, liability or other form of contribution. We are constantly improving the WARAMBIE ESTATE web site and the tools you can use to manage the data that you provide to us.