The terms that govern your use of our website and engagement of our development and construction services.
These Terms and Conditions ("Terms") govern your use of the website located at dercoledevelopmentspty.site ("Site") and your engagement of any development, construction, or advisory services provided by D'Ercole Developments Pty Ltd (ABN 93 679 224 901 / ACN 679 224 901) ("D'Ercole Developments", "we", "us", or "our").
By accessing our Site, submitting an enquiry, or engaging our services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Building Act 2011 (WA), the Corporations Act 2001 (Cth), and the Planning and Development Act 2005 (WA).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
D'Ercole Developments provides property development, construction management, project advisory, and investment structuring services across Western Australia. These include but are not limited to: residential land subdivisions, commercial and mixed-use developments, construction management, development application preparation, sustainable design integration, and joint-venture investment facilitation.
The scope, deliverables, and fees for any specific engagement will be set out in a separate written agreement between the parties. Nothing on this Site constitutes a formal offer or contract for services unless confirmed in writing.
All development and construction works are carried out in compliance with the Building Act 2011 (WA), the Planning and Development Act 2005 (WA), and all applicable local government planning schemes and building codes.
All service engagements are subject to a written agreement between D'Ercole Developments and the Client. Fees and payment terms will be set out in that agreement.
We will use reasonable endeavours to deliver projects within the timeframes set out in the relevant written agreement, however development timelines are estimates only and may be affected by planning approvals, weather, supply chain disruptions, and other factors beyond our control.
Risk in any physical works passes to the Client on practical completion. Title in any deliverables (including reports, plans, and development approvals) remains with D'Ercole Developments until full payment is received, unless otherwise agreed in writing.
The Client must notify us in writing of any defects or concerns within 14 business days of practical completion or delivery of reports, as applicable.
All intellectual property rights in the content of the Site — including text, graphics, logos, project images (where owned by us), and software — are owned by or licensed to D'Ercole Developments. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
In respect of joint-venture and co-development engagements, ownership of the specific designs, plans, and intellectual property created for a project will be governed by the applicable written development agreement.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are provided with due care and skill, are fit for the stated purpose, and are supplied within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
D'Ercole Developments carries out all construction and development works in accordance with the Building Act 2011 (WA), the Building Code of Australia, applicable local government planning schemes, and the Planning and Development Act 2005 (WA). All required building permits, occupancy permits, and development approvals are obtained prior to commencement of works.
Where statutory warranties apply to residential building work under the Building Services (Registration) Act 2011 (WA), those warranties are provided in addition to (and not limited by) any contractual commitments.
Subject to clause 8 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless D'Ercole Developments, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with a development engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate a service engagement in accordance with the termination provisions set out in the relevant written agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by D'Ercole Developments to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written development, construction, or JV agreement and our Privacy Policy, constitute the entire agreement between you and D'Ercole Developments with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: