Terms And Conditions.
TERMS AND CONDITIONS OF USE
- About this Website
- (a) Welcome to Know your Home (the ‘Website’) or the Know Your Home mobile application (the ‘Mobile App’). The Website and Mobile Application are together known as the ‘Applications’. Know Your Home delivers it’s services or products through the Applications (the ‘Services’).
- (b) The Applications are operated by Know Your Home Pty Ltd (ABN 74 666 324 750) (‘Know Your Home’). Access to and use of the Application or Services, is provided by Know Your Home Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website or providing information through the Website this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- (c) Know Your Home reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Know Your Home updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
- You accept the Terms by visiting or remaining on the Website or by using the Mobile App. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you on the Website or Application.
- Registration to use the Services
- (a) In order to access the Services, you may need to register and provide certain information (your ‘Account’).
- (b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself and
- (c) You warrant that any information you give to Know Your Home in the course of completing the registration process will be accurate, correct and up to date.
- (d) You may not use the Website, the Mobile App or the Services and may not accept the Terms if:
- (i) you are not of legal age to form a binding contract with Know Your Home; or
- (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- Your obligations as a User
- (a) You agree to comply with the following:
- (i) you will use the Services only for purposes that are permitted by:
- (A) the Terms; and
- (B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- (ii) you have the sole responsibility for protecting the confidentiality of any password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- (iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Know Your Home of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- (iv) access and use of the Website and the Mobile App is limited, non-transferable and allows for the sole use of the Website only by you for the purposes of Know Your Home providing the Services; and
- (v) you will not use the Services, Website or the Mobile App for any illegal and/or unauthorised use.
- (i) you will use the Services only for purposes that are permitted by:
- Payment
- (a) You may make payment for Services by way of electronic funds transfer into our nominated bank account or through payment platforms that we nominate from time to time.
- (b) In making any payment through a payment platform in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the payment platform’s terms and conditions which are available on their website.
- (c) You acknowledge and agree that where a request for the payment for Services is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
- (d) You agree and acknowledge that Know Your Home can vary the cost of Services at any time by notice to you.
- Copyright and Intellectual Property
- (a) The Website, the Mobile App and the Services and all of the related products of Know Your Home are subject to copyright and protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) are reserved by Know Your Home or its contributors.
- (b) All trademarks, service marks and trade names are owned, registered and/or licensed by Know Your Home, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user of the Website or the Mobile App to:
- (i) use the Website and the Mobile App pursuant to the Terms;
- (ii) copy and store the Website and the Mobile App and the material contained in the Website and the Mobile App in your device’s cache memory; and
- (iii) print pages from the Website for your own personal and non-commercial use.
- Know Your Home does not grant you any other rights whatsoever and all other rights are expressly reserved by Know Your Home.
- (c) Nothing you do on or in relation to the Website or the Mobile App will transfer any:
- (i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- (ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- (iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
- (d) You may at your own risk upload content to the Mobile App as contemplated by the Mobile App. You may not otherwise, without the prior written permission of Know Your Home and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services or any content on the Website or the Mobile App for any purpose, unless otherwise provided by these Terms.
- Privacy
- Know Your Home takes your privacy seriously and any use of the Website, the Mobile App and/or Services are subject to Know Your Home’s Privacy Policy. which is available on the Website or on request.
- General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Know Your Home will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Mobile App and the Services is at your own risk. Everything is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Know Your Home Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Know Your Home) referred to on the Website pr the Mobile App, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Mobile App or the Services or any of the products of Know Your Home; and
- the Services or operation in respect to links which are provided for your convenience.
- Limitation of liability
- Know Your Home’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Know Your Home, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by Know Your Home as set out below.
- If you want to terminate the Terms, you may do so by closing your accounts for all of the Services which you use and making any outstanding payments.
- Know Your Home may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Know Your Home is required to do so by law;
- the provision of the Services to you by Know Your Home is, in the opinion of Know Your Home, no longer commercially viable; or
- otherwise at Know Your Home’s discretion.
- Subject to local applicable laws, Know Your Home reserves the right to discontinue or cancel and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, the Mobile App or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Know Your Home name or reputation or violates the rights of those of another party.
- Indemnity
- You agree to indemnify Know Your Home, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content that you upload to or enter into the Website or Mobile App or content that anyone that you provide access to the Website or Mobile App upload;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Venue and Jurisdiction
- In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
- Governing Law
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having had the opportunity to obtain independent legal advice if they desire and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- Severance
- If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
