Last Updated: May 2026 | Version 1.0 | © 2026 Koolark Hömes Pty Ltd. All rights reserved.
These Terms and Conditions of Use (hereinafter referred to as "Terms", "Terms and Conditions", "Agreement", or "this Agreement") constitute a legally binding agreement between you (hereinafter referred to as "User", "you", "your", "visitor", "subscriber", "client", "customer", "prospective purchaser", or "registrant") and Koolark Hömes Pty Ltd, its related bodies corporate, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and successors (hereinafter collectively referred to as "Koolark Hömes", "Koolark", "the Company", "we", "us", or "our").
By accessing, browsing, registering on, submitting any form on, downloading any content from, interacting with, or otherwise using the Koolark Hömes website and all associated subdomains, landing pages, microsites, registration pages, virtual reality experiences, digital showrooms, email communications, social media channels, online advertisements, webinars, online events, digital brochures, PDF documents, video content, audio content, and any other digital or physical touchpoint operated by or on behalf of Koolark Hömes (collectively referred to as the "Platform" or "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, together with our Privacy Policy, which is incorporated herein by reference. If you do not agree to any part of these Terms, you must immediately cease using the Platform and all associated Services. Your continued use of the Platform constitutes your ongoing acceptance of these Terms as they may be amended from time to time. These Terms apply to all jurisdictions in which Koolark Hömes operates or in which Users access the Platform, including but not limited to the Commonwealth of Australia, all Australian states and territories, New Zealand, the United Kingdom, the United States of America, Canada, the European Union, and any other jurisdiction worldwide.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with Koolark Hömes. "Applicable Law" means all laws, regulations, codes, standards, guidelines, and orders applicable to the use of the Platform or the provision of Services in any relevant jurisdiction, including but not limited to the Australian Consumer Law, the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the Competition and Consumer Act 2010 (Cth), the Corporations Act 2001 (Cth), the Electronic Transactions Act 1999 (Cth), and all equivalent state, territory, and international legislation. "Content" means all text, images, photographs, videos, audio recordings, virtual reality experiences, floor plans, architectural drawings, brochures, specifications, pricing information, testimonials, reviews, comments, data, software, code, graphics, logos, trademarks, and any other material available on or through the Platform. "Intellectual Property Rights" means all patents, trademarks, service marks, trade names, logos, copyright, design rights, database rights, know-how, trade secrets, and all other intellectual property rights, whether registered or unregistered, and all applications and rights to apply for registration of any of the foregoing. "Personal Information" has the meaning given to it under the Privacy Act 1988 (Cth) and includes any information or opinion about an identified individual, or an individual who is reasonably identifiable. "Platform" means the Koolark Hömes website, all associated digital properties, virtual reality experiences, online registration systems, email marketing systems, and all other digital touchpoints operated by or on behalf of Koolark Hömes. "User Data" means all data, information, content, and materials submitted, uploaded, transmitted, or otherwise provided by a User through the Platform.
By accessing or using the Platform in any manner, including but not limited to visiting or browsing the Platform, downloading any Content, submitting any form, registering your details, clicking any button, or otherwise interacting with the Platform, you represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) you have the legal capacity and authority to enter into this Agreement; (c) if you are acting on behalf of an organisation, you have the authority to bind that organisation to these Terms; (d) you have read and understood these Terms in their entirety; (e) you agree to be bound by these Terms and all policies incorporated herein by reference; (f) your use of the Platform does not violate any Applicable Law.
You acknowledge and agree that your electronic acceptance of these Terms, whether by clicking "I agree", submitting a form, downloading content, or by any other electronic means, constitutes a valid and binding acceptance of these Terms with the same legal effect as a handwritten signature, to the fullest extent permitted by Applicable Law, including the Electronic Transactions Act 1999 (Cth) and all equivalent state and territory legislation.
Koolark Hömes reserves the absolute right, at its sole and unfettered discretion, to modify, amend, update, replace, or otherwise change these Terms at any time and without prior notice to you. Any such changes will be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms regularly.
By using the Platform, submitting any form, downloading any brochure, registering your details, clicking any button, or otherwise interacting with the Platform in any way, you expressly consent to and authorise Koolark Hömes to collect, store, process, use, share, and otherwise deal with your Personal Information and User Data, including but not limited to: (a) your full name, email address, telephone number, mobile number, and postal address; (b) your property address and details of any property you own, lease, or are interested in; (c) your investment preferences, financial goals, and investment capacity; (d) your browsing behaviour, device information, IP address, and location data; (e) your interaction with the Platform, including pages visited, content downloaded, forms submitted, and time spent on the Platform; (f) any other information you voluntarily provide through the Platform.
You expressly acknowledge and agree that by submitting any form, downloading any content, or otherwise interacting with the Platform, you consent to Koolark Hömes using your Personal Information and User Data for marketing purposes, including but not limited to: (a) sending you promotional emails, SMS messages, direct mail, and other marketing communications about Koolark Hömes products, services, events, and investment opportunities; (b) contacting you by telephone, email, SMS, or any other means of communication to discuss investment opportunities and property solutions; (c) including your information in targeted advertising campaigns on social media platforms, search engines, and other digital advertising networks; (d) sharing your information with Koolark Hömes' marketing partners, affiliates, and service providers for the purpose of delivering targeted marketing communications; (e) using your information to personalise your experience on the Platform and in marketing communications; (f) analysing your behaviour and preferences to improve marketing effectiveness and product development.
You expressly acknowledge and agree that Koolark Hömes may, from time to time and at its sole discretion, use, reproduce, publish, distribute, display, modify, and otherwise exploit: (a) any transcripts of conversations, enquiries, or communications you have with Koolark Hömes through any channel, including but not limited to the Platform, email, telephone, SMS, social media, and in-person meetings; (b) any images, photographs, videos, or other visual content you submit or that are captured in connection with your use of the Platform or Services; (c) any reviews, testimonials, feedback, comments, or other content you submit through the Platform or any other channel; (d) any data, analytics, or insights derived from your use of the Platform and Services; (e) any other content or information you provide to Koolark Hömes through any means. Such use may include, without limitation, use in marketing materials, advertising campaigns, social media posts, website content, presentations, investor materials, and any other commercial or non-commercial purpose, without any obligation to notify you, obtain your further consent, or provide you with any compensation.
By submitting any form on the Platform, you expressly consent to receiving marketing communications from Koolark Hömes and its partners by email, SMS, telephone, and other means. You acknowledge that such consent satisfies the requirements of the Spam Act 2003 (Cth) and all equivalent legislation. You may withdraw your consent to receive marketing communications at any time by contacting us at hello@koolarkhomes.com, however you acknowledge that withdrawal of consent does not affect the lawfulness of any marketing communications sent prior to such withdrawal.
Koolark Hömes may retain your Personal Information and User Data for as long as it deems necessary for the purposes described in these Terms, including for legal, regulatory, and business purposes, even after you have withdrawn consent or requested deletion of your data, to the extent permitted by Applicable Law.
You acknowledge and agree that Koolark Hömes may share your Personal Information and User Data with: (a) its partners, affiliates, and service providers; (b) marketing technology platforms, CRM systems, email marketing providers, and advertising networks; (c) analytics providers, data enrichment services, and market research companies; (d) government agencies, regulatory bodies, and law enforcement agencies as required by Applicable Law; (e) any successor entity in the event of a merger, acquisition, or sale of all or part of Koolark Hömes' business.
IMPORTANT NOTICE: THE INFORMATION PROVIDED ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO INVESTMENT RETURNS, RENTAL YIELDS, PROPERTY VALUES, FINANCIAL PROJECTIONS, YIELD CALCULATOR RESULTS, CASE STUDIES, TESTIMONIALS, AND ANY OTHER FINANCIAL INFORMATION, IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL ADVICE, INVESTMENT ADVICE, TAXATION ADVICE, LEGAL ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE.
Koolark Hömes is not a licensed financial services provider under the Corporations Act 2001 (Cth) and does not hold an Australian Financial Services Licence (AFSL). Nothing on the Platform constitutes a financial product, financial service, or financial product advice as defined under the Corporations Act 2001 (Cth) or any other Applicable Law.
Nothing on the Platform constitutes a recommendation, endorsement, or solicitation to buy, sell, or hold any financial product, investment, or property. Any reference to investment returns, rental yields, capital growth, or financial outcomes is illustrative only and does not represent a guarantee, promise, or projection of future performance.
Any reference to past performance, historical returns, or previous investment outcomes on the Platform is not a reliable indicator of future performance. Property values, rental yields, and investment returns can go up or down and are subject to a wide range of factors outside Koolark Hömes' control, including but not limited to market conditions, economic factors, interest rates, government policy, local council regulations, and site-specific conditions.
You are strongly advised to seek independent financial, legal, taxation, and investment advice from appropriately qualified and licensed professionals before making any investment decision. Koolark Hömes expressly recommends that you consult with a licensed financial advisor, accountant, solicitor, and property valuer before entering into any transaction or making any investment decision based on information obtained from the Platform.
The rental yield calculator and any other financial tools available on the Platform are provided for illustrative and educational purposes only. The results generated by these tools are based on the inputs you provide and a number of assumptions that may not reflect your actual circumstances. Koolark Hömes makes no representation or warranty as to the accuracy, completeness, or reliability of the results generated by these tools. You should not rely on the results of these tools as the basis for any investment decision.
Any rental yield estimates, rental income projections, return on investment figures, or property value estimates provided on the Platform are estimates only, based on general market data and assumptions. Actual rental income and property values will vary depending on a wide range of factors. Koolark Hömes does not guarantee any level of rental income, investment return, or capital growth.
All Intellectual Property Rights in and to the Platform and all Content are owned by or licensed to Koolark Hömes. All rights are reserved. © 2026 Koolark Hömes Pty Ltd. All rights reserved. All Content on the Platform is protected by copyright under the Copyright Act 1968 (Cth) and all equivalent international copyright laws and treaties, including the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The Koolark Hömes name, logo, and all associated trademarks, service marks, and trade names are the exclusive property of Koolark Hömes and are protected by Australian and international trademark law.
You may not, without the prior written consent of Koolark Hömes: (a) copy, reproduce, republish, upload, post, transmit, distribute, or otherwise exploit any Content from the Platform for any commercial purpose; (b) modify, adapt, translate, or create derivative works based on any Content from the Platform; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software forming part of the Platform; (d) remove, alter, or obscure any copyright notice, trademark, or other proprietary rights notice on the Platform; (e) use any automated tools, bots, scrapers, or other means to extract data from the Platform; (f) frame or mirror any part of the Platform on any other website or digital property.
By submitting any content to the Platform, you grant Koolark Hömes a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media, for any purpose, without any obligation to notify you or provide you with any compensation.
Koolark Hömes does not warrant or represent that the Platform will be available at all times or that access to the Platform will be uninterrupted, error-free, or free from viruses or other harmful components. The virtual reality experiences, 360-degree tours, interactive walkthroughs, digital showrooms, and online displays available through the Platform are provided for illustrative and marketing purposes only. They are artistic and conceptual representations of Koolark Hömes products and may not accurately represent the final appearance, dimensions, specifications, finishes, colours, materials, or features of any actual product. All product specifications, dimensions, floor plans, and technical information provided on the Platform are indicative only and subject to change without notice. All prices displayed on the Platform are indicative only and subject to change without notice. Prices are exclusive of delivery costs, site preparation costs, installation costs, council fees, utility connection costs, and all other associated costs, unless expressly stated otherwise.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOOLARK HÖMES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOOLARK HÖMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF KOOLARK HÖMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KOOLARK HÖMES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00). NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW.
You agree to indemnify, defend, and hold harmless Koolark Hömes, its officers, directors, employees, agents, contractors, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Platform or Services; (c) your violation of any Applicable Law; (d) your violation of any third-party rights; (e) any content you submit to the Platform; (f) any misrepresentation made by you in connection with your use of the Platform.
Koolark Hömes handles Personal Information in accordance with the Australian Privacy Principles (APPs) set out in Schedule 1 of the Privacy Act 1988 (Cth). The Platform uses cookies, web beacons, pixel tags, and other tracking technologies to collect information about your use of the Platform. By using the Platform, you consent to the use of such technologies. You acknowledge and agree that your Personal Information may be transferred to, stored in, and processed in countries other than Australia. You have the right to access and correct your Personal Information by contacting us at hello@koolarkhomes.com.
You agree not to use the Platform for any purpose that is unlawful, harmful, fraudulent, or otherwise prohibited by these Terms, including but not limited to: (a) using the Platform in any manner that could damage, disable, overburden, or impair the Platform; (b) attempting to gain unauthorised access to any part of the Platform; (c) using any automated means to access the Platform or collect data; (d) submitting false, misleading, or inaccurate information; (e) impersonating any person or entity; (f) transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable; (g) using the Platform in any manner that infringes the Intellectual Property Rights of Koolark Hömes or any third party.
These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. In the event of any dispute, the parties agree to first attempt to resolve the dispute through good faith negotiation, then mediation in accordance with the rules of the Resolution Institute, before commencing legal proceedings. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST KOOLARK HÖMES.
If you are located in the European Union, you have additional rights under the GDPR (EU) 2016/679. If you are located in the United Kingdom, you have additional rights under the UK GDPR and the Data Protection Act 2018. If you are located in the United States, you may have additional rights under applicable state privacy laws including the CCPA and CPRA. If you are located in New Zealand, your Personal Information is also subject to the Privacy Act 2020 (NZ). If you are located in Canada, your Personal Information is also subject to PIPEDA and applicable provincial privacy legislation. To exercise any applicable rights in any jurisdiction, please contact us at hello@koolarkhomes.com.
Koolark Hömes shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by a Force Majeure Event, meaning any event beyond Koolark Hömes' reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, epidemics, pandemics, wars, acts of terrorism, civil unrest, government actions, regulatory changes, power outages, and internet outages.
These Terms, together with the Privacy Policy and any other policies incorporated herein by reference, constitute the entire agreement between you and Koolark Hömes with respect to your use of the Platform. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. No failure or delay by Koolark Hömes in exercising any right shall operate as a waiver. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Koolark Hömes. Koolark Hömes may assign or transfer any of its rights or obligations under these Terms without your consent. All provisions of these Terms that by their nature should survive termination shall survive termination.
If you have any questions, concerns, or complaints about these Terms, the Platform, or our Services, or if you wish to exercise any of your rights under Applicable Law, you may contact us by email only at:
Email: hello@koolarkhomes.com
We endeavour to respond to all enquiries within a reasonable time. Please note that Koolark Hömes does not accept service of legal process by email. For formal legal correspondence only: Koolark Hömes Pty Ltd, 108 St Georges Terrace, South 32 Tower, Perth WA 6000, Australia.
By using the Platform, you acknowledge that: (a) you have read and understood these Terms in their entirety; (b) you agree to be bound by these Terms; (c) you have had the opportunity to seek independent legal advice before accepting these Terms; (d) these Terms are fair and reasonable in the circumstances; (e) you are not relying on any representation, warranty, or statement made by Koolark Hömes that is not expressly set out in these Terms.
These Terms and Conditions were last updated in May 2026 and are effective from the date of publication. Koolark Hömes reserves the right to update these Terms at any time without notice. Your continued use of the Platform constitutes your acceptance of the most current version of these Terms. © 2026 Koolark Hömes Pty Ltd. All rights reserved. Proudly 100% West Australian Owned & Operated.