Online Reservations Platform – Terms of Use

These Terms of Use (‘Terms’) apply to the Online Reservations Platform (the ‘Platform’) that is operated by MAB Corporation Pty Ltd ACN 065 207 230 (‘MAB’) with its registered office at Level 5, 441 St Kilda Road, Melbourne VIC 3004 and its related companies at or in connection with MAB.

By using the Platform, you agree to be bound by and accept these Terms, including by accessing, browsing, registering, communicating or uploading or downloading any content from the Platform.  If you do not agree with any of these Terms, you must not use this Platform.

We may revise, change and update these Terms at any time, without notice and at our sole discretion.  Your continued use of the Platform will be deemed as your acceptance of these Terms as amended from time to time.

Important Information and Availability of Product

Each property (‘Product’) available on the Platform is only available until a reservation has been made.  A valid reservation will only be made once a purchaser submits accurate and up-to-date contact information and pays a $5,000 fully-refundable holding deposit to MAB at the time of making the reservation.

Upon a buyer commencing the reservation request process, the Product will be placed on hold for 15 minutes. If the reservation is not properly or validly completed during this time, the Product will become available for other parties to reserve.

A user of the Platform may only have one reservation for a Product in process at a time, and such reservation must be completed before subsequent or additional reservations can be made.

Reservations made on the platform are subject to review and approval by MAB or an authorised representative at their discretion.

Certain Products may be marked as “Merrifield Builder Exclusive” (‘MBE’).  When reserving MBE Products you acknowledge that you must present a builder’s receipt of initial deposit to the Merrifield sales team during or before your Product contract signing appointment which will occur within 14 days of acceptance of the reservation request for the MBE Product.

A buyer wishing to purchase a Product that it has validly reserved on the Platform must enter into a contract for sale of land (‘Contract’) with MAB and pay the balance of the required deposit within 14 days of acceptance of the reservation.  Any such sale and purchase of a Product is subject to the provisions of a Contract and if there is any inconsistency between these terms and conditions and the Product Contract, then the Product Contract prevails.

The advertised price of a Product is correct as at the time of its publication on the Platform, but is subject to change without notice.  This may be because the price is subject to exclusions and all purchasers should make appropriate enquiries as to such exclusions and variations.  The price of a Product does not include any stamp duty on the completed Product, registration and other authority fees, State change-in-ownership fees and any other fees or charges (including legal fees or costs of other services) incidental to the acquisition of land in the State of Victoria.  All purchases are subject to adjustments including but not limited to Council rates, land tax, water rates and any other statutory charges.

MAB reserves the right to remove, withhold or hold any Product for any reason whatsoever at its sole discretion.

The content provided on and your use of the Platform does not constitute an offer or inducement to enter into a legally binding contract for the Product nor does it purport to provide you with personal financial or investment advice of any kind, nor does it take account of your personal financial position.

MAB reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate the Platform or any service offered by or through the Platform at any time.  These Terms will survive any such termination including, without limitation, disclaimers and indemnities.

User Conduct

By using this Platform, you represent, acknowledge and agree that you are at least 18 years of age and to use the Platform strictly in accordance with these Terms.

You must not disrupt, interfere with or make attempts to disrupt or interfere with the Platform or any other user’s enjoyment of the Platform.  You agree that you will not engage in any kind of illegal or criminal activity through the use of the Platform, including tampering with security encryption codes and illegal material or attempt to obtain unauthorised access to the Platform. MAB reserves the right to decline any reservations deemed to attempt to circumvent or breach these Terms or the integrity of the Platform.

As a condition of your use of the Platform, you are required to provide us with current, accurate, truthful and complete information about yourself during the reservation process and it is your responsibility to ensure that you keep your records with us current and up to date.  You acknowledge and agree that you will be solely responsible for any and all consequences of providing any inaccurate, incomplete and or insufficient information to us, including loss of reservation of a Product.  In the event we determine that the contact information which you have provided to us is not current, is inaccurate, incomplete or false or misleading in any way, we reserve the right to either immediately suspend or terminate your reservation for a Product.  In the event your reservation is terminated, MAB will refund your holding deposit to a bank account you nominate to us.  In the event we are unable to ascertain the correct bank account or you fail to advise us of this, MAB will refund your deposit by way of cheque.

We may use the contact details which you have provided to us to send information to you regarding your reservation of a Product.  It is your responsibility to ensure that your contact details are correct and up-to-date.  You acknowledge and agree that in the event you fail to communicate with MAB in respect of your reserved Product, we may terminate your reservation of such Product and refund your holding deposit.

Copyright, Trademarks, Content, etc.

Images and diagrams on the Platform are intended to be a visual aid only and do not necessarily accurately depict the Product.  Descriptions, illustrations, photographs or statements relating to a Product are indicative only and may contain inaccuracies, errors or mis-descriptions in respect of the location, size, permitted use, description and or boundaries of the Product or current or future location or existence of any services.

MAB is the owner or licensed user of the copyright in the materials and information on the Platform including, without limitation, any logo, design, floorplans, text, graphic, etc.  This includes, but is not limited to, the MAB and Merrifield names and associated trademarks.  You acknowledge and agree that you may access and use the content on the Platform for your personal use only and that you will not copy, distribute, republish , display or use in any way any of the content without the prior written permission of MAB or the relevant copyright owner.

While MAB has endeavoured to ensure that all information provided on this Platform is complete, accurate and up to date.  The content is provided as is and, to the fullest extent permissible by law, MAB makes no express or implied warranties and takes no responsibility for any error or omission relating to the information provided on the Platform.  The existence of inaccurate, incomplete or superseded material on this Platform will not cause MAB to be in breach of these terms.

You must not use any of the trademarks that appear on the Platform without the prior written consent of MAB or the trademark owner.

Warranties, Liability and Disclaimers

MAB gives no warranty and makes no representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained in any advertisement or made available on the Platform.  MAB will not be liable for any loss or damage (including any indirect or consequential loss) suffered or incurred by you, a potential purchaser or any purchaser or any other person who relies upon any advertisement, for any incorrect or incomplete information regarding a Product communicated on the Platform or due to the inability of MAB to offer for sale a Product or provide any aspect of the sale of a Product as a result of circumstances beyond the control of MAB, except for any liability which cannot be excluded by law.  Purchasers should make and rely upon their own independent enquiries and investigations in respect of the full description and specifications for the Product.

To the maximum extent permitted by law, MAB disclaims all warranties or representations, express or implied, including but not limited to implied warranties in respect of fitness for a particular purpose and will not be liable for any cost, loss or damage suffered by you through your use of the Platform or MAB’s failure to provide access to the Platform.


MAB respects your privacy.  If you provide information to use through using accessing or interacting with the Platform you agree to provide accurate current and complete information and agree to maintain and update such information where appropriate, and consent to receiving sales and marketing communications regarding your interest in Merrifield or any of the Products.  The privacy statement applicable to the Platform explains how personal information will be treated as you access, use and interact with the Platform as well as how MAB manages the collection, use, disclosure and storage of your personal information and can be accessed on the privacy page of the Platform.

Your personal information will be used in accordance with MAB’s Privacy Policy which can be accessed at

Subject to the terms of our privacy statement and any legal or regulatory obligation, any information or materials sent to MAB through this Platform, including questions and/or comments in relation to the Platform and/or reservations, will be deemed to be non-confidential.


You agree to indemnify, hold harmless and keep MAB and its related bodies corporate, associates, directors, officers, employees, agents and contractors indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct, your use of the Platform, your breach of any of these provisions or Terms or your breach of any rights of third parties.


Any reference to $ or dollars throughout the Platform is a reference to Australian currency unless stated otherwise.

All payments are securely processed through the Eway third party payment gateway.  MAB does not receive or store details of any cards or bank accounts used to make payments through the Platform.

If any parts of these terms of use or licence are deemed to be unlawful void or for any reasons unenforceable, then that provision may be severed from this licence and read down and it will not affect the validity and enforceability of the remaining Terms which will continue to be in full force and effect.

All prices, descriptions and specifications of the products are updated regularly to reflect any changes, MAB does not accept any responsibility for the accuracy of any price, statement, description availability or quality of products displayed on the Platform.

You acknowledge that MAB updates the Platform as often as practicable, but information can change rapidly and MAB and any of its related body corporates do not guarantee its accuracy at any time.

The Platform may contain links or references to third party sites.  MAB is not responsible or liable for the content of those sites.

Failure or neglect by MAB to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of MAB’s rights under these Terms.

These Terms are governed by and construed in accordance with the laws of the State of Victoria.  You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts in the State of Victoria.


Last updated 5/12/22