You must be at least the minimum legal age required to form a binding contract in the jurisdiction in which you reside to use the Website in accordance with clause 3.1. In many jurisdictions that age is 18 years of age. If you are under the minimum legal age to form a binding contract in the jurisdiction in which you reside, you may only use the Website in accordance with clause 3.1 in conjunction with, and under the supervision of, your parent or guardian who has agreed to be bound by this Agreement. You must not register or access the Website if you are under 13 years of age.
(b) Content means the information and other content accessible by you on the Website excluding any information or other content accessible to you from a Third Party Website;
(c) Contributions means information including data, text, video, still images, audio or other material that Homely has permitted you to host, share, publish, post, store or upload on the Website as Content as permitted under this Agreement.
(d) Non-excludable condition is defined in clause 11;
(e) Other User Contributions mean information including data, text, video, still images, audio or other material that Homely has permitted users other than you to host, share, publish, post, store or upload on the Website as Content.
(f) Homely means Homely Pty Ltd ACN 165 263 678;
(g) Third Party Website means a website controlled by a person other than Homely and which is linked to the Website; and
(h) Website means the Homely website accessible via the URL www.homely.com.au.
Homely grants you a non-exclusive and non-transferable right to access the Website and, subject to the terms of this Agreement, to view, retrieve and display the Content and make Contributions.
3. Permitted use
3.1 You may:
(a) access the Website in order to view, retrieve and display the Content;
(b) make Contributions;
(c) electronically save parts of the Content; and
(d) print out single copies of parts of the Content.
4. Prohibited use
4.1 You must not, at any time:
(a) publish, communicate or adapt any of the information or Content accessible on the Website;
(b) make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;
(c) make Contributions that include commercial or advertising material such as promotional links, messages, logos within reviews, discussions, profile photos and usernames;
(d) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
(e) adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
(f) directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan or other malicious code or item of a destructive nature in or on the Website, or in any manner whatsoever corrupt, degrade or disrupt the Website;
(g) remove any copyright, trademark, electronic rights management information or other proprietary rights notices contained in or on the Website;
(h) use any robot, spider, site search/retrieval application, offline reader, or other device to retrieve or index any part of the Website;
(i) collect any information about other users or members (including usernames and/or email addresses) for any purpose other than the purposes of the Website;
(j) reformat or frame any part of the web pages that are part of the Website;
(k) create user accounts by automated means or under false or fraudulent pretences;
(l) create or transmit unwanted electronic communications such as ‘spam’ to other users of the Website or otherwise interfere with other user’s enjoyment of the Website;
(m) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene;
(n) take any action that imposes, or may impose in Homely’s sole discretion, an unreasonable or disproportionately large load on its IT infrastructure;
(o) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
(p) collect or store personal data about other users in connection with the prohibited activities described in this paragraph 4.
4.2 Notwithstanding clause 4.1, Homely permits public search engines to use spiders or other search and retrieval applications to copy materials from the Website for the sole purpose of creating publicly available search indices of the materials, but not caches or archives of materials from the Website.
5.1 Homely may permit you to make Contributions. Contributions that you make must be solely for personal, non-commercial purposes. You retain sole responsibility and accept all liability for your Contributions. Homely disclaims any and all liability in connection with Contributions. Homely assumes no responsibility for monitoring any Contributions. Homely does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. Homely is under no obligation to treat your Contributions as confidential information.
5.2 Homely may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, Homely may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions directly or indirectly involve the advertising or marketing of any products or services;
(e) those Contributions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of the Website;
(iii) likely to cause offence;
(iv) materially incorrect;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
5.3 You retain all of your ownership rights in your Contributions. Homely is under no obligation to treat your Contributions as proprietary information. To the extent that any Contributions are proprietary in nature, you grant Homely a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any media, whether currently in existence or not. You also grant each user of the Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by Homely and this Agreement.
5.4 You grant Homely the right to use your registered name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Homely to display the Contributions as Content.
5.5 For any Contributions that you may retain moral rights in, you declare that:
(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
(b) you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by Homely;
(c) you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and
(d) you release Homely from any claims that you could assert against Homely by virtue of any such moral rights.
5.6 You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that Homely has no control of and is not responsible for Other User Contributions. You release Homely from any claims that you could assert against Homely relating to or in connection with Other User Contributions.
6. Homely Local Expert Program
As recognition for contributions on the Homely website, points will be awarded for certain activities which will improve the members ranking (“Local Expert points”) on the website.
(a) Points are solely a unit of measurement adopted by Homely and do not form any contractual right, property or currency. Points cannot be redeemed for cash.
(b) Homely may from time-to-time run competitions based on a members point allocations.
(c) Points will be awarded only for eligible contributions.
(d) Point allocations and eligible contributions are subject to change by Homely at its discretion.
(e) Without incurring any liability to you, we may reverse or cancel points that have been allocated to you through breach of this Agreement or for contributions deemed by Homely to be ineligible.
(f) Engaging in any conduct or activity that deceptively (or artificially) impacts the point’s allocation of any member is prohibited and may lead to the removal of points.
(g) The allocation of points and any rewards may be subject to taxes, charges or any other liabilities. You accept sole responsibility for such liabilities.
(h) You cannot pool or combine points with others.
(i) You cannot purchase points.
7. Intellectual property rights
You acknowledge and agree that all copyright and other intellectual property rights in the Content (other than Contributions made by you) are owned by or licensed to Homely and that nothing in this Agreement conveys to you any right to title or interest in the Content except for the rights expressly granted in clauses 2 and 3 and retained pursuant to clause 5.
8. User warranties
You represent and warrant that:
(a) you will only use the Content as permitted under clause 3;
(b) the information you supply on registration is accurate in all respects;
(c) if any of that information changes you will promptly notify Homely in writing of the changes (click here for contact information [email protected]);
(d) your use of the Website will comply at all times with this Agreement and any directions published from time to time by Homely on the Website;
(e) you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
(f) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Homely;
(g) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Homely to display your Contributions as Content; and
(h) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of the Website.
9. Changes to this Agreement
9.1 Homely may change the terms of this Agreement as follows:
(a) if Homely reasonably considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the terms of this Agreement as amended on the Website; or
(b) if Homely reasonably considers that the change is likely to have a significant detrimental impact on you, it will make the change 30 days after it has notified you of the change by displaying a notice on the homepage of the Website.
9.2 If you do not accept a change made by Homely to the terms of this Agreement, your only remedy (except as set out elsewhere in this Agreement) is to immediately:
(a) cease accessing the Website; and
(b) terminate your registration by notifying Homely in writing. Email [email protected] for contact information.
10. Third Party Websites
You acknowledge that you may be able to access Third Party Websites from the Website. You agree with Homely that:
(a) Homely makes no representations, and has no liability, to you arising from or in connection with any use of any Third Party Website or any information or other content accessible to you from any Third Party Website; and
(b) your access to and use of any Third Party Website and information and other content available on it may be governed by terms imposed by the operator of the Third Party Website.
11.1 You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided the link does not:
(a) portray Homely or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and
(b) link to a site that contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable including pornographic, hateful, racially or ethnically offensive material.
11.2 This limited right may be revoked at any time.
11.3 You may not use a Homely logo or other proprietary graphic of Homely to link to the Site without the express written permission of Homely.
12. Exclusion of implied warranties
12.1 OTHER THAN AS EXPRESSLY SET FORTH HEREIN, HOMELY MAKES NO OTHER WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL IMPLIED WARRANTIES (INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT) ARE HEREBY EXPRESSLY DISCLAIMED.
12.2 Nothing in this Agreement excludes or limits the application of any provision of any statute where to do so would:
(a) contravene that statute; or
(b) cause any part of this Agreement to be void.
You agree to indemnify and hold Homely, its subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use and access to the Website or Contributions to the Content not in accordance with these terms.
14. No availability or functionality guarantee
HOMELY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTY ABOUT THE AVAILABILITY OR FUNCTIONALITY OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMELY EXCLUDES ALL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE:
(a) ARISING FROM ANY UNAVAILABILITY, OR FAILURE IN THE FUNCTIONALITY, OF THE WEBSITE;
(b) ARISING FROM OR IN CONNECTION WITH ANY THIRD PARTY WEBSITE; OR
(c) ARISING FROM ANY CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF HOMELY.
15. Limited liability
15.1 IN NO EVENT SHALL HOMELY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HOMELY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
15.2 Homely may disclose personal information about you if it reasonably believes that doing so may mitigate its liability.
Homely may terminate this Agreement immediately if you:
(a) breach any part of any of clauses 4, 5 and 8 or if you use the Content other than in accordance with the licence in clause 2; or
(b) breach any other part of the Agreement and do not remedy the breach within 14 days of written notice from Homely notifying you of the breach.
17. Disputes; Governing Law
17.1 This Agreement is governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
17.2 You are solely responsible for your interactions with other users of the Website. Homely reserves the right, but has no obligation, to monitor disputes between you and other users of the Website.
18. US Export Controls
Software available in connection with the Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
You may not assign any of your rights under this Agreement without the prior written consent of Homely. Homely may assign its rights under this Agreement in its sole discretion without prior consent.
20. Entire agreement
(a) constitutes the entire agreement between the parties as to its subject matter; and
(b) supersedes all prior representations and agreements in connection with that subject matter.
A term or part of a term in this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.
Homely does not waive a right, power or remedy under this Agreement if it fails to exercise or delays in exercising a right, power or remedy. A single or partial exercise of a right, power or remedy by Homely does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy by Homely must be in writing and signed on behalf of Homely.
Please contact us at [email protected] if you have any questions about this Agreement.