ACCESS

Only people over 18 years of age permitted to use to access this Website.

These Website Access Conditions govern your access to the Website and your licence to use the concept designs on the Website (“Designs”).

You agree to only access the Website and download, access and use the Designs on the Website in accordance with these Website Access Conditions. You are only allowed to download an allocated selection of our Plan Library portfolio when selecting & proceeding with a Reward Package, Ultimate Package and when you enter into ongoing usage of our plans under Intellectual Property agreement.

Please be certain that the house you have selected suits your needs as all sales are final with no exchanging for another plan permitted once payment made. The purchasing of a Design is non-transferable from person who purchased licence and non-refundable once purchased.

The Client referred to on this Website is a member of the public (person) in marketplace wanting to purchase a home concept Design off this Website and becomes a Client upon a purchase when funds have cleared.

International Client/s who purchase concept plan/s outside of Australia are advised to review local building regulations before purchasing any of our concept Design/s.

All Australian (AUD) prices as noted on our Website exclude 10% GST tax (i.e. GST added on top of noted price of design/s). Any other charges over and above charge rate with nominated GST noted on this Website, which a government may impose on the sale process, is to be added on the purchase process is payable by Client (these charges are unknown at this stage).

Terms listed on Website apply to a once off purchase (when selected) with no written agreements signed off on (not an ongoing commitment) and or any package subscription selected. The only difference between a once off purchase and a builder having ongoing commitments; is that the builder has ongoing commitments that require an Intellectual Property written agreement/s signed off on in partnership with I Love That Design. Packages are on a monthly basis as per time duration noted. This builder Intellectual Property agreement has strict conditions attached to intellectual property information provided and ongoing work schedule commitments of reporting as executed works on site.

When purchasing a Design, the licence and the authority to utilize our Design will automatically expire once the Client/s home has reached completion stage. With packages, this extends out to time duration of subscription as noted.

All pre drawn concept house plans from I Love That Design do not carry a stamp of approval from a licensed architect, engineer or qualified specialised consultant (e.g. building consultant). If this is a requirement from your local building department, you will need to hire an architect, engineer or qualified specialised consultant to review and stamp of approval of the plans.

When you use, I Love That Design, or send emails, text messages and other communications from any device (e.g. mobile phone or computer) to us, you may be communicating to us electronically. You consent to receive communications (including marketing communications, unless you opt out where applicable) from us electronically, such emails, texts, mobile push notices and messages on this website or through other I Love That Design services. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing only.

A person upon accessing this Website cannot reproduce, take a screenshot image, adjusted by, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party, other than in a viewable format only by you and you alone.

PACKAGES – ACCOUNT AND LICENSE TO USE DESIGNS

Upon payment of the Subscription Fees for one of the packages, under these Website Access Conditions you will be provided with an account on a monthly basis as noted on the Website (“Account”) which you may only use in accordance with these Website Access Conditions.

The Account provides access to the Website for a period of 12 months or time duration as noted in packages from the date on which we accept your registration for the Account (“Term”) and notify you in writing. Each Term may be extended for a period of 12 months (or time as noted in packages) with the payment of further Subscriptions Fees (as updated from time to time) on a monthly basis.

During the Term and only so long as you fully comply with these Website Access Conditions we grant you a non-exclusive, non-transferable, revokable, licence to use the Website, Account and Designs but only for the following purposes (“Purpose”):
(a) to market and promote the Designs in constructions proposals made to your customers and potential customers; and
(b) to commission us to prepare detailed drawings based on the Designs; or to prepare detailed drawings based on the Designs using your own draftsman or suitably qualified consultant.

For more information on package deals, please send enquire via Contact Us on this website. It is agreed and acknowledged that once a package is selected the Website Access Conditions and information on website apply.

YOUR OBLIGATIONS

The licence granted to you under these Website Access Conditions is personal. Your Account may only be used by you personally and it cannot be transferred, sold, lent or otherwise provided to any other person at any time except as expressly permitted by these Website Access Conditions.

You may not use the Designs for the purpose of redistribution or resale to third parties.

You warrant to us that you will:
(a) provide us with all necessary co-operation and will comply with all of our reasonable directions in relation to these Website Access Conditions;
(b) fully comply with these Website Access Conditions;
(c) obtain and maintain all necessary licences, consents, and permissions necessary for you to use the Website and access the Designs and perform your obligations under these Website Access Conditions;
(d) only use the Website and Designs in accordance with applicable laws and government regulations and in accordance with these Website Access Conditions;
(e) comply with our reasonable directions in respect of the Website, Account and Designs; and
(f) notify us immediately on becoming aware of any unauthorised use, theft, breach, loss or copying of the whole or any part of the Website or Designs or your Account.

You must not:
(a) make the Website, your Account or Designs available to any person except as expressly permitted by these Website Access Conditions;
(b) interfere with or disrupt the integrity or performance of the Website or the system or network from which the Website is provided;
(c) gain or attempt to gain unauthorised access to the Website, Account or Designs;
(d) use the Website, Account or Designs for any purpose except the Purpose;
(e) use the Website, Account or Designs in any way that could damage our reputation or goodwill, or the goodwill or other rights associated with the Website or Designs;
(f) modify, remove or circumvent any markings, copyright or proprietary notices on, or security measures protecting, the Website or Designs or permit any third party to do so; or
(g) use the Website or Designs in any way that could otherwise be regarded by us, on reasonable grounds, to be unacceptable.

The content depicted on this Website, including without limitation all editorial materials, information, specifications, photographs, videos, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the strict property of I Love That Design and are protected by copyright, trademark and other intellectual property laws is for personal, non-commercial transitory viewing only. This is a grant of licence, not a transfer of title and under the licence you may not: modify or copy material/s, use the materials for any commercial purpose or any public display (commercial and non-commercial), attempt to decompile or reverse engineer any software or information contained on I Love That Design’s Website, remove any copyright or other proprietary notations from any of I Love That Design’s Website; and, transfer the material/s to another person or “mirror” replicate the materials in any shape or form on another server. The licence will automatically terminate if you violate any of these restrictions by, I Love That Design without notice. Upon such termination of this licence, you must destroy by way of deletion or shred any downloaded or image taken of the material/s in your possession whether it be in electronic or printed or image taken format/s.

Upon breach of these Website Access Conditions by you, we may, without liability to you, immediately suspend access to all or any part of the Website and use of or access to the Designs.

OUR OBLIGATIONS

To enter into Exclusive use of our plans to build in certain area, it is only done on an ongoing PAYG basis per house under Intellectual Property agreement.

Subject to the terms of these Website Access Conditions, we will use commercially reasonable efforts to ensure the Website is functional and the Designs are available 24 hours a day, seven days a week, except for:
(a) scheduled downtime, or
(b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, Force Majeure events.

We are under no obligation to upgrade the Website or Designs. You acknowledge that we may update or vary the Website and Designs and you agree that, subject our obligations under these Website Access Conditions, we may make such changes in our discretion and without notice to you.

You acknowledge that:
(a) we may use an Internet Hosting Service Provider to host the Website or use an Internet Service Provider to provide access to the server hosting the Website; and
(b) hosting of or access to the Website and Designs may be subject to the service level agreement between us and the Internet Hosting Service Provider or the Internet Service Provider.

We will, at our sole discretion, from time to time, perform preventive or remedial maintenance on the Website, which may cause some or all of the Website to become unavailable or non-functional.

We will endeavour to give at least 24 hours notice of such maintenance and schedule such maintenance for the mutual convenience of the parties.

You acknowledge that we may, with no liability to you, have to perform urgent maintenance in business hours in cases where early symptoms or major faults are detected and urgent preventive maintenance action is required to limit the impact or occurrence of the fault. You acknowledge that while we will endeavour to inform you of any unscheduled maintenance, we may not be able to provide notice where such urgent maintenance is required. We will use our best endeavours to resume the full functionality of the Website as soon as is practicable.

You acknowledge that we may access and monitor usage of the Website for the purposes of maintenance, review and analysis of the Website, including analysis of errors and installation of patches or upgrades and/or to verifying compliance with these Website Access Conditions.

You acknowledge that the offer of free concepts is at the sole discretion of I Love That Design, we have no obligation to complete the free concept in any way shape or form, we maintain the right of refusal if the concept request does not meet our criteria.

You acknowledge that the offer of free concepts is only available if the newly designed concept is able to be published to all subscribers on the Website.

I Love That Design supply compatible DWG file/s with Client purchase via Client confirmed email advised to us at payment stage. These file/s allow a Client or suitably qualified consultant (e.g. builders, designers, draftspersons, architects) to easily and quickly adjust the purchased design and add content where required on their computer system with compatible software. Our software is generally compatible and interchangeable with the majority of architectural building and drafting software available. Once a conceptual plan Design is email sent to Client in DWG format, our duties cease (singular purchase).

The Designs are intended to be conceptual drawings only. You acknowledge that further detailed drawings will be necessary for the purposes of actual construction. Where you engage your own draughtsperson to create such drawings based on the Designs, you agree that you are solely responsible for those further detailed drawings and any consequential loss or damage that may arise.

Our portfolio which contains our house plan library database is a conceptual house design resource only (the term concept takes precedence of any other information on our website as conceptual drawings means just that; and not working drawings) and whilst all care has been taken, we do not guarantee it complete; including and not limited to due to build & block location/local authority/building code/covenant condition/with proof check for errors & compliance content not inclusive. When a client purchases a design, they agree and accept the concept design as supplied by us and in the format as delivered to them by us. I Love That Design however does not guarantee any file/s compatibility with outside companies drafting software or any outside computer system. The suitably qualified consultant who accesses and uses the DWG file/s, shall be satisfied to adjust, check, proof design concept to suit their approval in terms of content of information presented and what completeness (all dimensions accurately noted, all details and wordings noted) in format they want to be satisfied to proceed to approval to comply with requirements (e.g. local authority, building code regulations) and subsequent to executed on site Construction Drawings stage (working drawings). The Designs are intended to be conceptual drawings only. You acknowledge that further detailed drawings will be necessary for the purposes of actual construction. Where you engage your own draughtsperson to create such drawings based on the Designs, you agree that you are solely responsible for those further detailed drawings and any consequential loss or damage that may arise.

I Love That Design upon confirmation of payment and cleared funds being received, agrees to provide the purchased home conceptual Design to the Client via email format only or Client login if granted this access solely at the discretion of I Love That Design (an email address upon payment timing is mandatory entered into Website detail payment field).

Pricing structure of house concept Design is two tiered (package prices are classed on different structure payable monthly for time duration as noted), that is with public not under any written signed Intellectual Property agreement (but as per information noted on this Website) with a singular purchase price when selecting a Design; and Builder with ongoing use of selection from plan library portfolio on a per house-built basis with a written signed off on Intellectual Property agreement is under a different price applying or subscription monthly packages. Builders please note; franchise scheme operates on different monetary structure on a low percentage basis only and a different Intellectual Property agreement as noted and as such due to nature of this Agreement there is a low joining fee. NOTE: Builder/s please note you must send proof of builder qualification licence details by way of Contact Us format on website prior to placing an order to qualify the $150 discount which is then applied to Public’s regular price of $850 (plus GST). Packages a differing price structure applies as noted Builder House Plan Enquiries.

House conceptual Design purchase will include:
1. Adjustable CAD (Computer Aided Design) files by providing DWG file/s which can be used in compatible software such as Autocad
2. Scaled floorplan in DWG format with dimensions
3. Scaled front, rear and side elevations showing wall heights and roof pitch in DWG format
4. A black and white or colour 3D artist impression front facade image of the design with format type at sole discretion of I Love That Design

Any use of the Plan(s), and/or modifications of the Plan(s), by client, builders or others on Client/s behalf is done at their own risk. Client is strongly advised to have the Plan(s) reviewed by a local structural engineer and or architect or similar qualified consultant before the start of any construction. The information contained within the Plan(s) is to indicate design intent and basic construction detailing. It is Client/s responsibility to ensure that Client has obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product approved by local authority (e.g. council or another authority).

Construction Drawings – You acknowledge that we are providing a maximum of 1.0 (one) hour of concept modifications as determined by us when requested to complete construction drawings as part of the fees quoted. You will be financially liable for any time beyond the allocated 1 (one) hour it takes us to complete the modifications. We are required to provide 0 (zero) preliminary plans for approval before issuing the construction drawings. Upon request you are obligated to provide any relevant information required to complete the construction drawings to a quality as determined by us.

INTELLECTUAL PROPERTY

Nothing in these Website Access Conditions constitutes a transfer of any Intellectual Property Rights.

You:
(a) acknowledge that we own or license all Intellectual Property Rights in the Website and Designs; and
(b) must not directly or indirectly do anything that would or might invalidate or put in dispute the title or rights in the Website or Designs.

You acknowledge that the intellectual property rights in any amendment, modification to or adaptation of a Design shall be exclusively owned by us regardless of whether such amendment, modification or adaptation was made by us.

You warrant that if you engage a third party to amend, modify or adapt the Designs you will procure assignment of any intellectual property rights in in any amendment, modification to or adaptation of the Design and you hereby irrevocably assign the same to us.

Except as expressly stated herein, these Website Access Conditions does not grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Website and Designs.

INDEMNIFICATION, LIMITATION OF LIABILITY AND WARRANTY

You fully indemnify us, and keep us fully indemnified from and against any direct loss, cost or liability (including a claim made by a third party) that has been incurred by us to the extent to which this is directly caused by or contributed to by:
(a) a breach of these Website Access Conditions by you;
(b) misuse of the Website or Designs by you; and
(c) any wilful, unlawful or negligent act or omission of you.

To the extent permitted by law, we are not liable for circumstances for which we are not responsible, including, without limitation:
(a) Force Majeure events;
(b) non-compliance by you with the provisions of these Website Access Conditions;
(c) unauthorised modifications to or interference with the Website or Designs, by you or third parties;
(d) errors in the operation of the Website by you or third parties; or
(e) influences from systems or programs that have been provided by third parties;
(f) a modification of the Website or Designs by anyone other than us;
(g) any virus, malware or other material which may interfere with or disrupt the integrity or performance of the Website or the system or network from which the Website is provided; and
(h) your use of the Website or Designs in a manner contrary to the instructions given to you by us;

You agree that the rights granted under these Website Access Conditions are not ordinarily obtained for personal, domestic or household use. To the extent permitted by law, our total liability to you for all losses or damages arising directly or indirectly as a result of our performance or non-performance of our obligations under these Website Access Conditions is limited, at our sole discretion, to one of the following:
(a) resupply of access to the Website and the Designs;
(b) repair of the Website or Designs; or
(c) termination of these Terms and Conditions and refund to you of the Subscription Fees for the current 12 month period or period as noted within the packages offered.

Except as provided in these Website Access Conditions and to the extent permitted by law we will not be liable to you for any indirect, special or consequential loss or damage of any nature whatsoever, including without limitation, loss of profits or revenue, loss of business opportunity resulting from these Website Access Conditions or from a breach of any of the warranties, terms, conditions or any other provision of these Website Access Conditions or from negligence or breach of statutory duty or otherwise.

Except as provided under above wording, you are not entitled to any refund (whether in whole or in part) of Subscription Fees.

To the extent permitted by law. We are not liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for the performance of any third-party products or services.

Each party warrants to the other that it has the right and ability to enter into these Terms and Conditions Website Access Conditions and that these Website Access Conditions will be legally binding on it.

In the event that we incur additional expenditure as a result of your failure to comply fully with your obligations under these Website Access Conditions, we have the right to charge you for the costs that we incur for the analysis and rectification of the failure to comply according to the time and materials required and in accordance with the applicable rates charged by us at the time.

Except as expressly and specifically provided in these Website Access Conditions and to the extent permitted by law:
(a) you assume sole responsibility for results obtained from the use of the Website, Account and Designs;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Website Access Conditions; and
(c) the Website, Account and Designs are provided to you on an “as is” basis.

You warrant that you have not relied on any representation made by us which has not been stated expressly in these Website Access Conditions, or upon any descriptions, illustrations or specifications in any way relating to the Website or Designs. You acknowledge that to the extent we have made any representation which is not otherwise expressly stated in these Website Access Conditions, you have been provided with an opportunity to independently verify the accuracy of that representation.

You agree to indemnify us (and our employees, officers, managers, assistants, members and agents) from and against any and all claims and damages of any kind (including legal fees) arising out of or relating to your use of our Website or its content, your breach of any provision of these terms and/or any intentional wrongdoing by you.

This clause survives termination of these Website Access Conditions by either party for any reason.

TERM AND TERMINATION

Without limiting the generality of any other clause in these Website Access Conditions, we may terminate these Website Access Conditions or suspend performance of our obligations under these Website Access Conditions (for such period as we specify) immediately by notice in writing if you are in breach of any term of these Terms and Conditions and:
(a) such breach is not remedied within seven (7) days of you being notified by us; or
(b) such breach is incapable of remedy.

We may terminate these Website Access Conditions immediately, if we no longer hold rights to licence the use of the Website, Account or Designs.

If you give us written notice of your intention to terminate these Website Access Conditions or fail to pay the Subscription Fees before the expiry of the Term, these Website Access Conditions will be deemed to expire at the end of the current 12-month term or as period time duration as noted in packages.

You agree that on expiry or termination of these Website Access Conditions for any reason or expiry of your Account access:
(a) all of your rights in respect of the Website, Account and Designs will immediately end;
(b) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced;
(c) your licence to use the Designs expires; and
(d) you must immediately cease all use of the Designs (and any adaptation, modification or derivative thereof).

INTERFERENCE WITH WEBSITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the I Love That Design website.

GENERAL

We shall not be liable for any delay or failure to perform its obligations under these Website Access Conditions if such delay is due to Force Majeure. If a delay or failure is caused or anticipated due to Force Majeure, our obligations will be suspended. If a delay or failure by us to perform its obligations due to Force Majeure exceeds sixty (60) days, we may immediately terminate these Website Access Conditions on providing notice in writing to you without any obligation on us to refund any moneys paid by you pursuant to these Website Access Conditions.

These Website Access Conditions constitutes the entire agreement, regarding the subject matter, between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

The benefit of these Website Access Conditions shall not be assigned by you without our written consent.

No right under these Website Access Conditions shall be deemed to be waived except by notice in writing signed by each party. A waiver by us will not prejudice its rights in respect of any subsequent breach of the Agreement by you. Any failure by us to enforce any clause of these Website Access Conditions, or any forbearance, delay or indulgence granted by us to you, will not be construed as a waiver of our rights under these Website Access Conditions.

The provisions of these Website Access Conditions will not be varied, except by agreement in writing signed by the parties.

If any provision of these Website Access Conditions is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed read down to the extent reasonably appropriate to remove the invalidity, unenforceability or illegality.

These Website Access Conditions are governed by the law applicable in NSW. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of NSW.

The original and/or modified Plan(s) may not be sold, distributed or otherwise transferred without the express written consent of I Love That Design, and appropriate compensation to I Love That Design (as determined by I Love That Design).

Singular purchases in regards to drawings, sketches and specifications are instruments of service and remain the property of I Love That Design, whether the project for which they are prepared is executed or not. They may not be used in whole or in part on other projects, or to complete a project without the express written consent of I Love That Design and with appropriate compensation to I Love That Design; as determined by I Love That Design.

Concerning information on how it is presented in sentence structure on this website; no intellectual property policy applies to I Love That Design by Pacific Designer Homes Pty Ltd.

DEFINITIONS

In these Website Access Conditions, unless the contrary intention appears:
“Account” means an account name and password (which may be nominated by you at the time of registration) provided to you by us that allows you to access the Website and use the Designs in accordance with these Website Access Conditions;
“Agreement” means these Website Access Conditions;
“Client” means person who accesses this Website is wanting to purchase a home concept design package off this Website and becomes a Client upon a purchase when funds have cleared;    “Designs” means any and all plans and drawings made available to you by us on the Website;
“Force Majeure” means a circumstance beyond our reasonable control which results in us being unable to observe or perform on time an obligation under these Website Access Conditions. Such circumstances shall include; but shall not be limited it:
(a) any faults, defects, incorrect operation of or other circumstance affecting or relating to Customer Access Facilities or the Internet Hosting Service Provider; and
(b) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution and strikes;
“Internet Hosting Service Provider” means the person engaged by us to host the Website;
“Internet Service Provider” means the person engaged by us to grant access to the server which hosts the Website;
“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know how, instructions, procedures, and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
“Subscription Fees” means the relevant annual (or duration as noted within packages payable on monthly basis) subscription fees for your Account as disclosed by us through the Website at the time of your registration for the Account; and
“Website” means the website provided by us to access the Designs.

INTERPRETATION

In these Website Access Conditions, unless the contrary intention appears:
(a) the clause headings are for ease of reference only and shall not be relevant to interpretation;
(b) a reference to a clause number is a reference to its subclause;
(c) words in the singular number include the plural and vice versa;
(d) words importing a gender include any other gender;
(e) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
(f) a reference to a clause is a reference to a clause or subclause of these Website Access Conditions;
(g) a reference to a subclause is a reference to a subclause of the clause in which that reference is made;
(h) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(i) the recitals to these Website Access Conditions do not form part of the Agreement;
(j) monetary references are references to Australian currency;
(k) a reference to “you” or “your” in these Website Access Conditions is a reference to;
(i) if you provided company details at the time of registration, that company;
(ii) otherwise, you personally; and
(l) A reference to “we”, “us” or “our” in these Website Access Conditions is a reference to I Love That Design by Pacific Designer Homes Pty Ltd

FRAUD

Any party engaged in illegal activities involving the use of this Website will be subject to civil and criminal sanctions and prosecution. I Love That Design does not guarantee that it will be able to prevent any illegal or inappropriate use of this Website, nor that it will give notice of any illegal or inappropriate use of this Website. It is an illegal violation to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. All persons found to have placed a fraudulent order will be prosecuted.

UPDATING OR MODIFICATION OF WEBSITE ACCESS   CONDITIONS

We may amend, revise or update this Website Access Conditions document by posting the revised Website Access Conditions information on our Website as and when we see fit without prior notice at our sole discretion with update of this date as noted within this document (under heading titled Last Update). Your continued use of our Website constitutes an acceptance of the revised Website Access Conditions.

LAST UPDATE

This Website Access Conditions document was last updated on 1^st May 2025.

CONTACT INFORMATION

If you have any queries, comments, or concerns regarding this Website Access Conditions, you may contact us at pacificdesignerhomes@bigpond.com