These Legal Disclaimers, Terms and Conditions of Use, and Privacy and Security Policies are the policies of Damai Resort Investments LLC, doing business as Enchanted Garden Resort (“Enchanted Garden Resort”), that apply to your use of this website. They govern your use of the Website. The terms “we,” “us,” or “our” refer to Enchanted Garden Resort, while “you” and “your” refer to you, a home-buying customer.
Customers are free to use their own broker/agent when purchasing a home from Enchanted Garden Resort. In order for a participating cooperating real estate brokerage (“Cooperating Broker”) to receive a commission in connection with the sale of real property in a certain community, the Cooperating Broker must be documented on the first customer interaction with an Enchanted Garden Resort employee.
This means that the prospective buyer (the “Prospect”) must identify and register the Cooperating Broker: (i) when Prospect first contacts an Enchanted Garden Resort employee about a home or community; (ii) when Prospect first discusses or is introduced to a community or home by Enchanted Garden Resort’s internet sales employees; (iii) when Prospect first visits a community; or (iv) when Prospect first attends a self-guided tour of a community, whichever is first to occur. A failure of a Prospect to register Cooperating Broker upon the initial communication with Enchanted Garden Resort will render Cooperating Broker ineligible for commission. Registration of a Prospect by a Cooperating Broker is not sufficient for Cooperating Broker to be eligible for a commission. Cooperating Broker, or its affiliated sales associate, must also accompany the Prospect during Prospect’s initial visit or initial self-guided tour of the community. If Prospect is not local and does not visit the community in person, the Cooperating Broker, or its affiliated sales associate, must accompany Prospect on the first virtual tour. If Enchanted Garden Resort’s system indicates that the Prospect previously inquired about the community with an Enchanted Garden Resort employee without identifying and registering the Cooperating Broker or, initially registered at a sales office and/or attended a self-guided tour of the community without registering or being accompanied by Cooperating Broker or its affiliated sales associate, neither Cooperating Broker nor its sales associate shall be entitled to receive a commission in connection with the sale of real property at Enchanted Garden Resort community to such Prospect.
The registration is effective for a period of sixty (60) days from the date of registration (“Registration Period”). Cooperating Broker may extend the Registration Period for an additional sixty (60) days by accompanying Prospect to the sales office for the community in person (or virtually if Prospect is not local) before the expiration of the initial Registration Period. Additional terms and conditions may be required by Enchanted Garden Resort’s individual divisions. Cooperating Broker will not be eligible for a commission if Cooperating Broker and Enchanted Garden Resort do not execute a written agreement (“Cooperating Broker Agreement”) setting forth any additional terms and conditions prior to or at the time Buyer contracts to purchase a home. The Cooperating Broker Agreement shall be null and void if Cooperating Broker or its sales associate have violated the terms of this Broker Participation Policy. In addition to any other conditions set forth in this Policy and any Cooperating Broker Agreement, in order for Cooperating Broker to be eligible to receive a commission, the Prospect must contract to purchase a home in the community before the expiration of the Registration Period, and close on the purchase of the home pursuant to the Purchase and Sale Agreement. This registration, or any extension thereof, does not protect Cooperating Broker from another cooperating broker or broker registering the same Prospect with Enchanted Garden Resort. In all cases, Cooperating Broker shall be solely responsible for payment of any commission to its sales agents. The registration forms, sign-up sheets and other incentives, contracts, or forms given to Prospects or buyers of homes are trade secrets of Enchanted Garden Resort.
Images of homes are for illustrative purposes only and should not be relied upon. They may not accurately reflect the actual condition of a home as constructed and may include non-standard options. Images may also show decorative items, design elements, and furniture that are not available for purchase. Specific features, floor plans, square footage, dimensions, and design elements may vary from home to home and from one community to another, and are subject to change or substitution without notice. We reserve the right to substitute equipment, materials, appliances, and brand names with items of equal or higher value, in our opinion. Color and size variations may occur. Home prices, included features, and available locations are subject to change without notice. Please consult your New Home Consultant and refer to the actual home purchase and sale agreement for additional information, disclosures, and disclaimers regarding the home and its features.
Enchanted Garden Resort provides and maintains this Website as a service to Internet users, and its use is a privilege granted to viewers. All information is provided without any warranty, either express or implied. Accessing and using the Website, including all company links, is subject to the terms and conditions outlined here and to all applicable laws governing Internet use and information usage.
The use of this Website is also subject to relevant laws concerning copyrighted materials and intellectual property. Enchanted Garden Resort reserves the right to amend the terms and conditions for accessing its Website at its sole discretion.
The information, software, products, and services published on this Website may contain inaccuracies or typographical errors. Enchanted Garden Resort periodically makes changes and improvements to the information presented here. Enchanted Garden Resort reserves the right to make improvements or modifications to this Website at any time.
Enchanted Garden Resort shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from or in connection with the use of this Website, whether based on contract, tort, strict liability, or any other legal theory, even if Enchanted Garden Resort has been advised of the possibility of such damages.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, the above limitation may not apply to you.