Terms & Conditions
Acceptance of Terms
All content on the website including text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof (the “Content”) is Copyright © 2014 Homehound, its suppliers and/or licensors unless expressly indicated otherwise.
The Content is protected by Australian and international copyright and trademark laws. Once Content is published, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for or expressly authorised in writing by Homehound or its affiliates.
Strictly on the condition that you keep all Content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
• using an industry standard web browser, download and view the Content for your personal, non-commercial use, or
• if you are an internet service and/or access provider, supply the Content to your subscriber.
The trademarks listed below are trademarks of Homehound or its affiliates. All other trademarks displayed on the website are trademarks of their respective owners. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the website without the express written permission of Homehound, the relevant affiliate or third-party owner.
Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to Homehound website. However, such use requires the express written authorisation of Homehound or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
By placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Homehound a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
• Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• Sublicense to any third parties including any other service provider the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including, but not limited to, rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Homehound and any other party authorised by Homehound all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Homehound, you will execute and deliver to Homehound such instruments and take such other actions as may be required to carry out this grant of license and waiver.
In respect of providing information you agree that you will not post, transmit or otherwise publish on the website or to the website servers any material that;
• restricts or inhibits any other user from using or enjoying the Content on the website;
• is unlawful, threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including without limitation any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
• violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner;
• contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it’s servers and the Content thereon;
• contains any promotional material or advertising;
• constitutes or contains false or misleading statements.
You expressly acknowledge and agree that Homehound does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Homehound makes no warranty or representation, express or implied, as to the quality or suitability of the real estate agents.
Homehound does not and cannot review all information posted to the website by users and is not responsible for such information. However, Homehound reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.
Homehound may at it’s sole discretion and without prior notice remove, replace, re-format or delete any information, service or functionality from any part of the website at anytime for any reason whatsoever or for no reason.
Advertising, links to third party websites and e-commerce offers Homehound website contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of Homehound, and Homehound is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Homehound provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by Homehound or its affiliates. By following a link to any such website you do so entirely at your own risk.
The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors.
All third party advertising (including embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Homehound or its affiliates or their respective directors or employees unless expressly indicated otherwise.
You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, advertisements may contain representations or offers by the third party advertiser, which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Homehound and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on Homehound website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Homehound shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on Homehound website.
Disclaimer and Limitation of Liability
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Homehound of goods or services on the website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Homehound does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
• All Content and functionality is provided “as is” and without warranties of any kind, either express or implied,
• Homehound and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose,
• Homehound does not warrant that the information or functions contained in any Content, or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits the Content to you are free of viruses or any other harmful components,
• Homehound does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of Homehound) will Homehound or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
Governing Law and Entire Agreement
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
Use Of Our Content & Scraping
We only allow official search engines to crawl our site automatically. Any unauthorised scrapers or crawlers, scraping our site will be deemed to be in violation of our terms, and may be subjected to legal action. If you wish to access our data, we, on occasion provide a free API service, on a case by case basis. Any and all data referenced on homehound must display the homehound logo and link back to our site.
Homehound Paid Product
1. Acceptance of Advertisement
• All advertising orders will take place through chargify automatic billing or Insertion Orders, subject to acceptance of Homehound.
• Homehound is indemnified of any and all advertiser mistakes and omissions provided by or on behalf of the advertiser.
• Homehound shall not be required to accept any advertising material, the publication of which may, in its opinion contravene any provision of the Trade Practices Act, 1974, Copyright Act, 1968 and Fair Trading Act,1987.
2.Payment & Billing
• Where there is a written contract in place, payment is to be made in accordance with that contract. In all other cases, payment is to be made on or before the payment due date indicated on the Tax Invoice. For Direct Advertisers, payment due date is 30 days from the end of each Invoice month.
• Where any payment owing to Homehound or Homehound representatives, Homehound may elect to remove any and all advertisements in violation of these Terms & Conditions.
• Homehound reserves the right to charge interest on any overdue amount.
3.Cancellation & Termination
• The advertiser may cancel placement of advertising by submitting written notice to Homehound with 30 days notice.
• Alterations or Cancellations must be confirmed in writing a minimum of 30 days notice
• Homehound may terminate the Insertion Order at any time should Homehound &/or Homehound representatives believe that the advertiser is a credit risk and is likely to abstain from payment obligations. Homehound is entitled to cease all advertising across in such a case without notification to the advertiser.
• Either party may terminate this contract or Insertion Order if found to be in breach of Terms & Conditions outlined here with 14 days written notice.
• The advertiser & representatives agree to provide complete content as it relates to the advertisement.
• Any user information collected from the Homehound website cannot be used outside the terms that the user has consented to participate in or receive advertising from you as an advertiser. Examples of personal information include but are not limited to; name, email, address & phone number.
• Unless expressly agreed by parties, Homehound has no obligation to provide creative services.
• Homehound does not guarantee the minimum volume and threshold of advertising units delivered.
• Technological failure or issues may cause delay from time to time.
• Homehound reserves the right to modify the look and feel of the advertisement from time to time. In the event of a major modification, Homehound will notify the advertiser in written form.
• The advertiser must not disclose any Homehound intellectual property or share any documents with any external third parties unless legally obligated to do so.
• The Advertiser hereby agrees that all or any disputes or litigation that arises from this agreement, either for civil claims, damages or breach of contract, shall be subject to the jurisdiction of the appropriate courts in the state of New South Wales and shall be heard in the court in the district where Homehound has its registered office and place of business.
• The Advertiser agrees to pay for any additional expenses incurred in collecting outstanding debts.
• Credit facilities may be withdrawn on overdue accounts at ’s discretion without notice.
• Homehound reserves such right it has to list the Advertisers defaulting account with a Credit Reporting Agency.
5.Limitation of Liability & Indemnity
• Homehound is not liable or responsible for any advertisements and/or warranties made in the advertisements which may appear across the advertising network.
• Homehound is indemnified in case of technological failure
• Homehound makes no warranties about the type and quantity of users who will engage with or any advertisements across the network.
• The advertiser/their representative shall at all times indemnify and hold harmless Homehound, its servants and agents both jointly and severally from and against any loss, expense, including reasonable legal costs and expenses, or liability reasonably incurred or suffered by Homehound, its servants and agents arising from any claim or proceedings brought by a third party in relation to an advertisement. These include but are not limited to:
o Viruses & Computer Infections
o Breach of regulations governing the advertiser
o Breach of advertiser user policy
o The advertiser will notify promptly of any claim, action or demand for which indemnity is claimed involving Homehound.
o Both Homehound & the advertiser are subject to the non-exclusive jurisdiction of New South Wales courts in Australia.