1.1 homeone.com.au is owned and operated by Homeone Australia & New Zealand ABN 46 625 367 703 (“homeone®”).
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. Our price list can be accessed from our Fee Schedule.
4. WEBSITE ACCESS AND USAGE
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.
4.6 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 Guidelines.
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.
5.5 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.
5.8 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
7.2.1 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.
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.
9.1 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.
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.
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.
13.3 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.
13.5 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
14.2 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.
15.1 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 any law of the rights of any third person; or
- Your use of this Site.
“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.