1. Agreement, Parties and Applicability
The Parish of St John Paul II, Armadale and Toorak ("we", "us" and "our") operates The Benson Toorak retirement apartments located at 585 Toorak Road, Toorak, VIC 3142.

This website Terms of Use agreement ("agreement") applies to your use of https://www.thebensontoorak.com.au/ ("website"), which is provided primarily for information purposes about The Benson Toorak. When ("you") as an individual visit our website and share personal data with us, the terms of this agreement, together with The Benson Toorak Privacy Policy, apply.

This agreement is a legal agreement between you as a visitor to the website and us as the operator of the website. If you do not agree to these terms, you must not use the website. Continued use of the website means that you agree to these terms.

2. Commencement, Availability, Termination
This agreement commences when you first visit the website and continues until changed or terminated by us. We reserve the right to change or discontinue any aspect of the website, including these Terms of Use. It is your responsibility to ensure that you read and understand this agreement, which is provided in English only.

3. Not an Offer or Contract
Information on this website (including apartment availability, floor plans, pricing indications and imagery) is provided for general information only and does not constitute an offer capable of acceptance, nor a binding contract of any kind. Any purchase, occupancy right or entry to The Benson Toorak is governed exclusively by the relevant Retirement Village Contract of Sale, Residence Contract and associated disclosure documents provided to you directly. Nothing on this website should be relied upon as financial, legal or medical advice.

4. Intellectual Property
This website includes intellectual property such as domain names, copyright, trademarks and design, protected under Australian law and international agreements. We own or are licensed to use this intellectual property. We grant you a limited licence to make a temporary electronic copy of all or part of the website, and to print limited hard copies, for your personal, non-commercial use, provided that all material is properly attributed. You may not commercially exploit, modify, claim ownership of, or incorporate our website content elsewhere without our prior written consent.

5. Website Information and Records
We are committed to complying with legal, business and evidential requirements for information and records. We make every effort to ensure that information you provide to us through the website and related enquiry/email functionality is secure and processed in accordance with The Benson Toorak Privacy Policy. It is your responsibility to keep records and backups of your own information.

6. Acceptable Use
You agree to acceptable use of our website and any enquiry form, email or chat functionality connected with it. You must not use these services in an unlawful way, or in any way that interferes with our or other visitors' use and enjoyment of, or access to, these services. You are personally liable for the consequences of improper use of these services and any failure to comply with relevant law. If you become aware of unacceptable use by a third party, please contact us using the details in clause 12 below.

7. Access, Monitoring and Privacy
To comply with law and in line with international standards and best practice relating to the use of information technology, we may access records and monitor website activity (including blocking, filtering, scanning and the use of cookies). We will do this in compliance with law and to manage business risk; by using the website you agree that you have no expectation of privacy in this regard.

8. Communication and Marketing
You agree that we may contact you or send you information, including information about our services, where you have made an enquiry or provided consent. You may always tell us in writing that you do not want to receive further communications, or opt out of marketing communications at any time.

9. Limitation of Liability, Indemnity, No Warranty
The website is provided on an "as is" and "as available" basis and your use of it is at your sole discretion and risk. We will not be liable for any direct, indirect or consequential damages suffered by you arising from your visit to the website, this agreement, or otherwise. We take reasonable care to ensure the accuracy of information on the website but make no representations, warranties or guarantees, as it is provided for general information purposes and may depend on third-party service providers. To the fullest extent permitted by law, you indemnify and hold us, our directors, employees, consultants, agents, licensors and service providers harmless against all loss, damage, claims, liability and costs of any kind arising from your use of the website.

10. Links to External Websites and Social Media
For your convenience, we may provide links to external third-party websites and social media (including realestate.com.au, Villages.com.au and similar directories). This does not mean we endorse those sites, and you are entirely responsible for your use of and access to them. The terms and conditions of those external sites will prevail where relevant.

11. Complaints and Dispute Resolution
Please direct all complaints relating to this agreement to us first at reside@thebensontoorak.com.au so that we have an opportunity to resolve your complaint before you approach any external authority. Nothing in this agreement prevents either party from approaching a court of competent jurisdiction for urgent injunctive relief.

12. Governing Law and Company Information
This agreement is governed by and interpreted in accordance with the laws of Victoria, Australia.

The Benson Toorak
Address: 585 Toorak Road, Toorak VIC 3142
Website: https://www.thebensontoorak.com.au/