Terms & Conditions
Recitals
You have purchased a symbolic souvenir of one square inch of the Land.
These rights are provided to you by way of an exclusive and assignable licence.
This agreement is a legally binding document setting out your rights as licensee of this one square inch of the Land.
Operative Provisions
1. Definitions and Interpretation
1.1 Definitions
In this Agreement, unless the context requires otherwise:
Agreement means this agreement including any schedule or annexure to it.
Land means the whole of the property known as Woodvale Estate, located in the wine region of the Southern Highlands in New South Wales, Australia.
Parcel means the one square inch of the Land identified as lot (insert lot number) located at (mail merge) on the Licence Division Identification Schedule attached as Schedule 1 to this Agreement.
We or Licensor means Land for Sale Australia Pty Ltd ACN 622 444 231 trading as Sq Inch Australia as the Licensor.
You or Licensee means [mail merge] as the Licensee.
2. Licence
2.1 Grant of Licence
We grant you an exclusive licence to enjoy the Parcel as a symbolic souvenir.
2.2 Terms of Enjoyment of the Parcel
This licence entitles you to download a mobile app which will allow you to view the Parcel and the Land.
It will also allow you to view the operation of the vineyard being conducted on the Land.
The app will contain material and information on the operation of the vineyard, including but not limited to, the growing and harvesting of grapes and the production of wine.
Except as otherwise set out in this Agreement, you may not:
(a) take possession of the Parcel;
(b) use the Parcel;
(c) enter upon the Parcel and/or the Land without the Licensor’s express written consent; and
(d) wilfully damage the Parcel and/or the Land; and.
3. Assignment
3.1 Assignment of Licence
You may not assign your rights under this licence to any other party without the Licensor’s consent in writing, which consent shall not be unreasonably withhed.
4. Recognition of Nature of Licence
4.1 Limited Utility
While this Agreement provides a licence to enjoy the Parcel and provides benefits and rights as set out in the Agreement, you acknowledge that the utility of a licence to enjoy the Parcel and the Parcel is negligible.
4.2 Rights are Personal
This agreement provides you with a personal right over the Parcel and not a proprietary right. Accordingly, you may not register an interest against the Property under the Real Property Act 1900 or Conveyancing Act 1919 or any other legislation whatsoever.
4.3 No Investment
You acknowledge that the licence to enjoy the Parcel is a symbolic souvenir only and is unlikely to yield any financial gain and that we have provided no statement which could be considered investment or financial advice under the Corporations Act, 2001 and have not made any statement as to the financial viability of the the licence to enjoy the Parcel and/or the Parcel.
5. No Caveat
5.1 No Caveatable interest over the Parcel and the Land
You recognise that you do not have a caveatable interest in the Land and agree not to lodge any caveat against the Land under any circumsyances whatsoever.
6.1 Governing law
The laws of New South Wales govern this agreement.
6.2 Jurisdiction
Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and waives any right to claim that those courts are an inconvenient forum.
