Housl Pty Ltd Terms and Conditions.

Unless otherwise specified, all references to "the company" in the following terms refer specifically to Housl Pty Ltd ACN 161 328 678.

Unless otherwise specified, all references to the "Housl Network" in the following terms refer specifically to www.housl.com

All references to words in the singular include the plural and in the plural include the singular.

Before registering and becoming a user of the Housl Network, carefully read the following legal agreement between the company and yourself the "user". This agreement bounds you to the terms and conditions of the company and by registering, accessing or otherwise using the Housl Network you unequivocally agree to be bound by the conditions set out in this agreement. You warrant that you are 18 years of age or over and have legal capacity to use the Housl Network and to create a legally binding contract with another User. If you are registering as or representing a business entity, you warrant that you have authority to make representations and bind the company to the terms.

1. General Services

1.1 The company publishes or makes available on the Housl Network, information, advertisements, product and service offers, software and links supplied by the company and third parties (Material). The company does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Housl Network or on any web site that links from the Housl Network.

1.2 The use of the services and any reliance by the user upon the services, including any action taken by the user because of such reliance, is at user’s sole risk. The company does not warrant that the services will be uninterrupted or error free. The services are provided "as is" and the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of the use for a particular purpose.

1.3 The company does not and cannot provide any warranty in relation to any goods or services advertised on the Housl Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the third party on the Housl Network or any web site that links from the Housl Network or any information received as a result of using the Housl Network.

1.4 The services and Material made available on the Housl Network are provided as general information only. The company does not warrant that the services and material are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.

1.5 The company seeks to take all reasonable security measures to safeguard against risks of loss, unauthorised access, use, modification or disclosure of any information the user has provided. Information required to be entered on the website by the user is protected through the use of encryption (SSL) during transmission. Unfortunately, no data transmission can be guaranteed to be 100% secure. While we strive to protect the user’s information, we cannot ensure or warrant the security of any information transmitted to us and it is done so at the user’s own risk.

1.6 The user will use it best endeavours to prevent unauthorized third parties from accessing the service and shall notify the company immediately if the user becomes aware of, or reasonably suspects that another person has obtained unathorised access to any user identification details or there is a threat to the secure operation of the service.

1.7 The services shall be used for personal or business purposes only.

2. Communications Services

2.1 The company may provide you with the ability to communicate with the company, the Housl Network, agents, sellers, advertisers and users of the Housl Network through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

2.2 The user acknowledges that Communications Services may be public and not private communications. Further, the user acknowledges that Communication Services should not be considered reviewed, screened, or approved by the company.

2.3 Use of the Communications Services is provided on condition that the user does not do any of the following:

  • transmit any information or material which is knowingly incorrect, misleading or deceptive;
  • transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
  • use the Communications Services for any unlawful purpose;
  • post or upload files that contain software or other material or information including material that is threatening, harassing, libelous, or in any way a violation in breach of any person's intellectual property or privacy rights.
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by the company.
  • download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
  • excessively use the Communications Services in a manner which may hinder or prevent the company from providing services to any other persons or which may threaten the integrity or use by any person of the Housl Network;
  • authorise, aid, encourage or incite any person to do any of the above acts.

2.4 The company may, but has no obligation to do so, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

3. Software Services

3.1 Any software, including HTML code and ActiveX controls, that is made available to download from the Housl Network ("Software") is owned by the company and/or its suppliers.

3.2 Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.

3.3 If there is no License Agreement, the company grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Housl Network in accordance with these terms and conditions, and for no other purpose. The user will not in any way whatsoever directly or indirectly:

  • copy, reproduce, translate, adapt, mirror, vary or modify in whole or in part or the Software;
  • reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
  • introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
  • use any method in an attempt to discover the source code, object code underlying structure, trade secrets, concepts, or ideas found on or through the services or any software, documentation, or data related to the services; nor
  • use any automated process of any sort to query or generate or compile any document or database based on the material published nor transfer or sell any information, functionality or products or services offered;
  • sub-licence, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

4. Liability and Indemnity

4.1 The company excludes all implied terms and warranties whether statutory or otherwise, relating to the subject matter of this agreement. Except as expressly stated otherwise in this agreement, the user acknowledges that in entering into this agreement the user has not relied on any representations, warranties, promises or undertakings but has relied on their own knowledge and independent advice.

4.2 The company will only be liable to the user where the law implies a term into these terms and conditions which cannot be excluded and the company breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so the company’s liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by the company.

4.3 The company will not be liable to the user for claims arising out of or in connection with your access and use of the Housl Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

4.4 By registering, accessing or otherwise using the company’s website the user agrees to indemnify and hold harmless the company against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation relating to the use of the services. The user also warrants to only use the services in compliance with the agreement and all applicable laws (including but not limited to policies and laws related to privacy, obscenity, or defamation).

4.5 The user agrees to indemnify the company and the company’s personnel, consultants, sub-contractors, service providers, business partners, information providers, account providers, licensors, distributors and agents ("Indemnified Parties") and keep the Indemnified Parties indemnified against all liability, costs (including legal costs on a full indemnity basis), expenses, loss and damage suffered or incurred as a result of:

  1. any demand, claim or action brought or made against an Indemnified Party by a third party arising out of or in connection with the company’s performance or non-performance of this agreement; or
  2. any negligent act or omission, or any default by the user.

If any provision of the Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.

In any action or proceeding to enforce rights under the agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

5. Events outside our control

5.1 The company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in respect of any element of the Service and/or Housl Network that is caused by events outside our reasonable control (Force Majeure Event).

5.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to the following:

  • strikes, lock-outs or other industrial action
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
  • impossibility of the use of public or private telecommunications networks
  • the acts, decrees, legislation, regulations or restrictions of any government
The companies performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

6. Termination

6.1 The user may terminate this agreement at any time by contacting the company using the contact page. The email or written notice must include the user’s first name, last name, address and HOUSL username. No refunds will be issued if the user terminates this agreement.

6.2 The company may terminate this agreement or the services at any time with or without cause, and with or without notice. The company shall have no liability to the user or any third party because of such termination. Accounts terminated by the company may be refunded at the sole discretion of the company.

6.3 The company may delete any of the user’s archived data within 30 days after the date of termination. All sections of this agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

7. Copyright, Trademarks and Licence

7.1 Material on the company’s website is Copyright © 2012 Housl Pty Ltd. All rights reserved. Unless otherwise indicated in writing, the material on the Housl Network is owned by or licensed to the company and is subject to copyright (the "Copyright Material"). The user may:

  • only copy or reproduce the copyright material for the purpose of browsing the Housl Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
  • not alter or modify the Copyright Material or remove any legal notice associated with it.

7.2 The Housl Network and other names of the company’s product and/or services referenced herein are trademarks or registered trademarks of the company. Other product and company names mentioned on the company’s website may be the trademarks of their respective owners.

7.3 In consideration of the company allowing you to access and use the Housl Network you grant to the company a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as the company determines from time to time (subject to the company’s Privacy Policy).

7.4 For inquiries regarding reproduction or distribution of any of the company’s material, please use the contact page. Any permitted use of the logo or services confers no title or ownership in the company, the service, the software or any trademarks and is not a sale of any rights in the service, the software or the trademarks.

8. Miscellaneous

8.1 No partnership, joint venture or equity is created as a result of the agreement, and the user does not have any authority of any kind to bind the company in any respect whatsoever.

8.2 The user and the company agree that the agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy. If the company offers goods or services to the user, including advertising any item on the Housl Network, the services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

8.3 The company may in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms of use and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

8.4 If goods and services are offered on or through the Housl Network by third parties or links to other websites maintained by third parties, the company does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services and it may be possible for information to be inaccurate. These other websites are not under the control of or maintained by the company and the company is not responsible for the content of such websites. The company does not accept any liability whatsoever and howsoever arising in relation to any such other websites. The company strongly recommends that you check that all information in relation to the goods and/or services is accurate.

8.5 The company will not be responsible for the terms of any transaction between you and any third party; any goods or services purchased, rented, or leased by you from any third party or resolving any dispute between you and any third party.

All rights not expressly granted are reserved.

Version 4 (Nov. 2012)