1. OWNERSHIP
1.1 homeone.com.au is owned and operated by Homeone Australia & New Zealand ABN 46 625 367 703 (“homeone®”).
2. ACCEPTANCE OF TERMS OF USE
2.1 Your access to and use of all information on this Site is provided subject to these Website Terms of Use.
2.2 By using this Site You will be deemed to have read, understood, and accepted these Website Terms of Use, and You agree to abide by the Website Terms of Use at all times when using this Site.
2.3. If You do not agree to these Website Terms of Use You must immediately discontinue use of this Site.
2.4 homeone® reserves the right to amend, modify, or alter these Website Terms of Use at any time without notice. The amended terms and conditions shall be effective from and after the date they are posted on this Site and immediately become binding upon You , whether or not read by You and may not otherwise be amended except by written authorization from homeone®.
Your use of this Site following any ammendment will represent Your agreement to be bound by these Website Terms of Use (as amended).
homeone® advises that You reread these Website Terms of Use on every occasion You access this Site.
2.5 The homeone® Privacy Policy is also incorporated into the Website Terms of Use.
3. SCOPE OF SERVICE
3.1 Through this Site, homeone® provides an online platform through which business in the Australian residential and commercial building industry can advertise their services and products and through which Visitors can enquire about such service and products, and exchange information about building products and services.
3.2 By entering into Advertising Service Agreement or Insertion Order Agreements, You enter into a direct and legally binding contractual relationship with homeone®.
3.3 All prices are in Australian Dollars (AUD) and are inclusive of GST. All transactions are processed in Australian Dollars (AUD). homeone® endeavours to ensure that our price list is current.
4. WEBSITE ACCESS AND USAGE
4.1 When You visit our Site, we give You a personal, non-transferable, non-sublicensable, revocable licence to access and use this Site only as permitted in this Website Terms of Use.
4.2 Subject to Clause 4.3, You are permitted to download a copy of the information on this Site to Your computer for Your personal use only provided that You do not delete or change any copyright symbol, trademark, servicemark, design registration, patent, or other Intellectual Property. Your use of this Site in any other way is deemed to infringe homeone’s Intellectual Property Rights and entitlements and to breach this Website Terms of Use.
4.3 This Site and Advertiser’s services and products are made available for personal and non-commercial use only. You are not allowed to re-sell, scrape, or reproduce any information, software, products or services available on this Site for any commercial or competitive activity or purpose.
4.4 The license granted to You under Clause 4.1 gives homeone® the right to:
4.4.1 Make the Content available to any other person with whom homeone® has a relationship for the provision of Advertising Services and to use such Content in the provision of Advertising Services;
4.4.2 Make the Content available to the public via this Site or as part of any services or products; and
4.4.3 Allow Site users to search Content You have posted.
4.4 Except as permitted under the Copyright Act 1968 (Cth), You are not permitted to copy, reproduce, republish, metatag, distribute or display any of the information on this Site without prior written permission by homeone®.
4.5 homeone® may without notice to You at any time, and in its complete and unfettered discretion, and without giving any reason or receiving any permission from You , take any or all of the following actions;
4.5.1 Vary, alter, suspend, revoke, or cancel in part or in whole the licence granted under Clause 4.1.
4.5.2 Immediately terminate Your access to this Site.
4.5.3 Block any Internet Protocol address whether such address belongs to You or any other person.
4.5.4 Edit, change, and or delete in whole or in part any Content published on or through this Site.
4.5.5 Temporarily or permanently limit, suspend, or cancel at the discretion of homeone® any membership, access, privilege or benefit You have to the Site.
4.5.6 Publish any warning, comment, apology, or statement relating to Your breach of the Website Terms of Use.
4.5.7 Provide information to any consumer or law enforcement organisation having jurisdiction intra-nationally, nationally, or internationally, relating to any use by You of this Site which is in breach of the Website Terms of Use.
4.5.8 Record the IP address of all posts to aid homeone in enforcing these Website Terms of Use.
4.6 homeone® reserve the right at any time, and without notice, to modify, make temporarily or permanently unavailable this Site in part or in whole.
4.7 Only businesses with repair and customer service operations and either manufacturing, or importing, or distributing operations all located in Australia and with a valid and current ABN may be registered on this Site.
4.8 Advertisers may only register a given business if that business is not currently registered on this Site in accordance with homeone® registration terms.
5. PUBLISHING CONTENT
5.1 You are solely responsible for Your Content that You publish on this Site.
5.2 Your Content must strictly adhere to our publishing requirements.
5.3 Your Content must not directly or indirectly;
5.3.1 Bring or be likely to bring homeone® into disrepute, ridicule or contempt; or to
5.3.2 Cause homeone® or any other person to breach any laws, regulations, standards, and relevant industry codes; or
5.3.3 Injure or be likely to injure homeone® business or trade.
5.3.4 Injure or be likely to injure any other persons, business or trade.
5.4 You certify and warrant that Your Content You publish on this Site is true and accurate, and does not breach homeone® Website Terms of Use.
5.5 You certify and warrant that Your Content does not breach any ethical, professional, trade or industry restriction, condition or pre-requisite imposed by any law, regulation, or by-law.
5.5 You certify and warrant that You have all valid, lawful, and enforceable consents or licences to use and publish Your Content on this Site.
5.6 You certify and warrant that Your Content does not breach any law, regulation or by-law, and without limiting the generality of this sub-clause that Your Content is not misleading, or deceptive or misrepresentative or otherwise unfair or unconscionable.
5.7 You certify and warrant that Your Content does not breach homeone® Privacy Policy and particularly does not identify any person by name, address, or contact details whether street, mail, telephonic, electronic or Internet.
5.8 You certify and warrant not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any law, regulation or by-law. You agree that homeone® have the right to remove, edit, move or close any topic at any time should we see fit. As a user You agree to any information You have entered to being stored in a database. While this information will not be disclosed to any third party without Your consent, neither homeone® nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
6. HOMEONE'S USE OF CONTENT
6.1 By accessing and using this Site, You agree to grant homeone® an irrevocable, royalty-free licence to;
6.1.1 Use, copy, reproduce, distribute, modify, in part or in whole, or delete in part or in whole Your Content whether to this Site or generally to any person; and
6.1.2 Transmit by any means Your business phone numbers, Your short business description, Your electronic business address and Your business address.
6.2 We do not guarantee that Your Advertising Material will be featured in any particular position or rank.
7. DENIAL OF SITE ACCESS
7.1 As an express condition / precedent of using this Site, You agree to only use this Site in accordance with these Website Terms of Use and not for any purpose that is unlawful or prohibited by this Site, or by any local, national, or international law, regulation or by-law.
7.2 If You are in breach of Website Terms of Use, including this Clause, homeone® may without notice to You at any time, and in its complete and unfettered discretion, and without giving any reason or receiving any permission from You, take any or all of the following actions;
7.2.1 Immediately terminate Your access to this Site.
7.2.2 Block any Internet Protocol address whether such address belongs to You or any other person.
7.2.3 Edit, change, and or delete in whole or in part any Content published on or through this Site.
7.2.3 Temporarily or permanently limit, suspend, or cancel at the discretion of homeone® any membership, access, privilege or benefit You have to the Site.
7.2.4 Publish any warning, comment, apology, or statement relating to Your breach of the Website Terms of Use.
7.2.5 Provide information to any consumer or law enforcement organisation having jurisdiction intra-nationally, nationally, or internationally, relating to any use by You of this Site which is in breach of the Website Terms of Use.
8. SECURITY AND PASSWORDS
8.1 If requested to do so, you must provide homeone® with current, complete and accurate information about Yourself when using this Site. It is your responsibility to maintain the currency, completeness and accuracy of that registration data. Any loss caused by your failure to do so is your responsibility. If you provide a security password to utilize this Site, you are entirely responsible to maintain the confidentiality of that password and of your account generally. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify homeone® of any unauthorized use of your account or security password. homeone® is not liable for any loss that you may incur as a result of another person using your account, either with or without your knowledge and either with or without your security password.
9. PRIVACY POLICY
9.1 homeone® takes all due care with any information which You may provide to us when accessing this Site. However homeone® does not warrant and cannot ensure the security of any information which You may provide to homeone®. Information You transmit to homeone is entirely at Your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
9.2 By accessing and using this Site, you promise that you have read homeone® Privacy Policy set out in this Site and that you agree to abide by that policy. You consent to the use of your personal information by homeone® and/or by its service or product providers pursuant to the Privacy Policy. To the extent permitted by law, homeone® makes no warranty or representation about the adequacy of the security measures used for data handling and storage. homeone® shall not be responsible for any actual or consequential damage that results due to a security breach or technical malfunction.
9.3 homeone® compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from this Site.
10. HYPERLINKS
10.1; This Site contains hyperlinks to other websites. Such links are provided for convenience only and homeone® takes no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on this Site to another website does not imply homeone® endorsement, support, or sponsorship of the operator of that website nor of the accuracy, suitability of information, services and or products which such websites provide.
10.2 Linking to our Site is not permitted without our prior written permission.
11. SEND TO MOBILE FEATURE
11.1 You certify and warrant You are the mobile account holder of the nominated mobile number where SMS messages are sent via the Send to Mobile Feature; or
11.2 You certify and warrant You have permission by a mobile account holder in receiving SMS’s to their mobile phone number via the Send to Mobile Feature at this Site.
11.3 homeone® reserves the right to restrict at any time this Site’s Send to Mobile Feature to visitors and Advertisers and any other persons nominated by homeone® without notice and without reason.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The copyright to all content on this Site including applets, graphics, images, layouts and text is owned by or is licenced to homeone®.
12.2 All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this Site are either owned by homeone®. Your access to our Site does not license, authorized or entitle You to use those Intellectual Property Rights in any commercial or competitive way without our prior written permission.
12.3 Any Content You provide becomes homeone® Intellectual Property. If in future homeone® uses Your Content in promoting this Site or in any other way, homeone® will not be liable in any way or for any reason resulting from such use. Furthermore, You agree that homeone® is entitled to use Your Content for any purpose or for any reason without compensation to You or to any other person who has transmitted Your Content.
12.4 If You provide Us with Content, You agree that You are responsible for the content of such material including its legality, originality and copyright, and that it does not breach the Website Terms of Use.
13. DISCLAIMERS
13.1 Whilst homeone® takes all due care in providing our services and in maintaining and operating this Site, homeone does not provide to any person any warranty, representation or promise, either express or implied including without limitation warranties of merchantability or fitness for a particular purpose relating directly or indirectly to such services or to this Site.
13.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Website Terms of Use is excluded.
13.3 Whilst homeone® will take all due care in ensuring that this Site is free of any virus, worm, Trojan horse and/or malware, homeone® is not responsible for any loss or damage to You , Your business, Your customers, or Your computer system which arises in connection with Your use of this Site or any linked website.
13.4 homeone® hosts third party content on this Site including advertisements and endorsements belonging to other Advertisers. Whilst homeone® will use reasonable skill and care in operating this Site, responsibility for such Content rests with the authors, publishers, or transmitters of that Content and homeone® is not responsible for any errors, omissions or inaccurate / misleading / untrue information in such Content or any material on the Site which breaches the Website Terms of Use.
13.5 Advertisers are responsible for the accuracy, completeness and correctness of any information displayed on the Site. This Site does not constitute a recommendation or endorsement of the quality, workmanship, service level, rating or accreditation of any Advertiser service of product.
14. LIMITATION OF LIABILITY
14.1 To the full extent permitted by law, our liability for breach of any implied warranty or condition or to a breach of the Website Terms of Use is limited to the supply of the services again or payment of the costs of having those services supplied again.
14.2 homeone® does not accept any liability for any loss whatsoever including consequential loss, or non-economic loss, or for punitive, aggravated or exemplary damages suffered by You or by any other person arising from homeone® services or Your use of this Site.
14.3 Any Content, information, advice, data, or representation made by Advertiser or visitor on this Site is for general guidance only and does not purport, and is not comprehensive advice and should not be relied upon by any person for any reason without first seeking appropriately qualified and licenced building, architectural, product, financial or other assistance or guidance.
15. INDEMNITY
15.1 By accessing this Site, You agree to defend and indemnify and hold homeone® harmless from all claims, actions, demands, recoveries, losses, damages, fines, penalties, or other costs and expenses of any kind or nature including but not limited to reasonable legal and accounting fees arising from or in connection with Your use of this Site brought:
- by You or on on Your behalf; or
- by third parties as a result of:
- Your breach of the Website Terms of Use
- Your breach of any law of the rights of any third person; or
- Your use of this Site.
16. JURISDICTION
16.1 These Website Terms of Use are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these Website Terms of Use will be heard in Victoria and You agree to submit to the jurisdiction of the Courts of that State.
16.2 If any provision in these Website Terms of Use is invalid under any law, that provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these Website Terms of Use and the remaining provisions will remain in full force and effect.
17. DEFINITIONS
“Comment” means any comment, feedback, idea or suggestion which You provide to us through this Site.
“Content” means all content posted by You onto this Site including, without limitation, all comment, feedback, idea, suggestion, testimonials, claim, text, brochures, files, graphics, icons, photographs, video, SMS, and email addresses, and URL’s.
“homeone”, “homeone®”, “We”, “Us”, or “Our” means Homeone Australia and New Zealand (ABN 46 625 367 703, PO Box 55, Richmond VIC 3121) and its successors and assigns according to law.
“Intellectual Property” includes all Intellectual Property of whatsoever kind or nature recognised at law, in equity or by legislation including without limitation all copyright, designs, trademarks, logos, domain names, business names and patents whether existing now or at any time in the future, to the extent this Agreement may have future application.
“Site Members” means a forum.homeone.com.au member and homeone member.
“Site” means the top-level domain, and any subdomain of homeone.com.au.
“Send to Mobile” is a feature enabling Site visitors to send business details to a nominated Australian mobile phone number.
“You ” or “Your ” means the User of this Site, and includes Advertisers, Site Members or casual visitors.
