Home ANZ Pty Ltd (ACN 684 368 983) of Level 1, 56 Clarence Street, Sydney NSW 2000.
In these Terms and Conditions (“T&Cs”), "we," "us," “our” or "Home" means and refers to Home ANZ Pty Ltd ACN 684 368 983 or its related bodies corporate. By accessing and using Home, you agree to be bound by these T&Cs. Please read these T&Cs carefully before using our service.
Also, in these T&Cs, data means information and vice versa.
2.1. Home acts as a data processor on behalf of property professionals and processes data in accordance with the instructions provided by the property professionals (including but not limited to, agents, conveyancers, brokers, lenders, rental agencies, reference agencies and build to rent operators.)
2.2. The property professionals (data controllers) retain responsibility for ensuring the lawfulness of their data processing activities and obtaining necessary consents from data subjects.
3.1. Home collects and processes data from property professionals and their customers. This data may include personal information, property details, and other relevant information required for the functioning of our service.
3.2. The data collected will be used for facilitating property transactions, providing the agreed-upon services, and for sharing data with agreed third parties, as outlined in Section 4.
4.1. Home may share data with agreed third parties for specific purposes, such as enhancing the services offered, facilitating collaborations. Such sharing will be done in compliance with applicable data protection laws and unless otherwise agreed, you agree to us providing such data to third parties for the purpose of providing our service to you.
5.1. Home implements reasonable technical and organisational measures to safeguard data from unauthorised access, disclosure, alteration, and destruction.
5.2. However, it is important to note that no method of data transmission over the internet or electronic storage is entirely secure. We cannot guarantee or warrant the absolute security of any information transmitted to, or held by, us in this manner and we will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us, or storage thereof, in this manner.
6.1. Home will retain the data for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable laws and regulations.
7.1. Property professionals and their customers have the right to access, rectify, erase, and restrict the processing of their data. To exercise these rights, please refer to our Privacy Policy or contact us using the information provided at the end of these T&Cs.
8.1. By using Home, property professionals and their customers provide explicit consent to the processing and sharing of their data as described in these T&Cs and the Privacy Policy.
8.2. Consent may be withdrawn at any time by following the procedures outlined in our Privacy Policy, including in circumstances where an account is cancelled or deleted.
9.1. Home may use cookies and similar tracking technologies to enhance user experience and gather usage data. By using our service, you consent to our use of cookies as described in our Privacy Policy.
10.1 Your privacy and maintaining the confidentiality of your personal information is important to us. Please read our separate Privacy Policy to understand more about how we protect your personal information. All personal information (including information about your access to this Site) will be collected and treated in accordance with our Privacy Policy.
11.1 Our services are provided to you at no charge. In some cases, we may receive a commission from introducing you or registering you with a service provider. The commission goes to pay for our time and costs or provision of the services, costs charged by agencies, and any potential profits, without which we would not be able to provide our services. The commission amount will vary depending on the supplier, the product or service you sign up. By using our services, you consent to us receiving commission payments.
12.1 You acknowledge and agree that any charges or fees set by a service provider for their services are your sole responsibility. You are obligated to make any payments due directly to service providers in accordance with their terms and conditions. We have no liability or responsibility to you for any charges set by service providers or any payments you make to those service providers. Furthermore, you agree to honour any financial obligations, including but not limited to direct debit arrangements, with the service providers. Any failure to make timely payments may result in the termination of services by the service provider, and Home shall not be liable for any such consequences.
13.1 As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Home. However, even if such third parties are affiliated with Home, Home has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Home. We take reasonable care to ensure the information we show via Home is correct but it is not always possible despite our best efforts.
13.2 We make no representations and provide no warranties regarding the accuracy or suitability of, and accept no responsibility or liability for, anything you obtain via these third-party sites. A link from our Site or application does not imply Home’s endorsement, approval or agreement with the views or contents of those third-party sites.
13.3 Software belonging to third parties may be accessed and downloaded through third party links from our Site and application. Such software is likely to be subject to licensing terms imposed by the owner of that software. The use of third-party software is at your own risk and to the maximum extent permitted by law, we exclude all liability in relation to using or downloading any software that may be accessed from our Site.
Please take care to confirm information before you commit to take our services. Viewing such third party sites is entirely at your own risk.
14.1. Home reserves the right to modify these T&Cs at any time and without notice. Any amendments will come into effect immediately and automatically upon publication of those amendments. Your continued use of our service will constitute acceptance of the revised T&Cs. These T&Cs are effective until terminated by us, which we may do at any time without notice to you. In the event of termination, all restrictions imposed on you by these T&Cs and limitation of liability set out in these T&Cs will survive. You acknowledge that neither us, nor any other person, will have any liability to you for any reason whatsoever arising as a consequence of the termination of your access to our Site or services.
15.1. To the maximum extent permitted by law, Home shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, whether arising out of contract, statute, tort (including negligence) or otherwise arising out of the use or inability to use our service, the use of the Site, its content or reliance on the information on it. This includes, but is not limited to, the transmission of any computer virus. Your use of, or reliance on, any information or materials on this Site is entirely at your own risk, for which we shall not be liable.
16.1 Our Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information, or materials on this Site for any purposes, including the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time from this Site. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
16.2 Home expressly reserves all intellectual property rights, including all copyright and trademark rights in all documents, information and materials on this Site and we reserve the right to take action against you if you breach any of these T&Cs.
17.1. These T&Cs shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these T&Cs shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
18.1 We will provide our services with due care and skill. Save as expressly indicated in these T&Cs, our services are provided on an "as-is" and "as available" basis, and, to the extent permitted by applicable law, we expressly exclude all express and implied warranties and conditions of any kind, including all warranties or conditions of satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, compatibility or non-infringement. We make no warranty that our services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
19.1 To the maximum extent permitted by law, you agree to indemnify and hold harmless Home (and our officers, employees, contractors, and agents), including court costs and legal fees, from any claim made by any third party caused by or arising out of (a) your use of our services, (b) your breach of these T&Cs, (c) your breach of any applicable laws or regulations, or (d) your content. We reserve the right, at your expense, to assume the exclusive defence and control of any such matter, and you agree to cooperate with our defence of these claims. You must not settle any claim without our prior written consent (not to be unreasonably withheld, conditioned or delayed). This indemnity is a continuing obligation, independent from the other obligations under these T&Cs, and continues after termination of these T&Cs.
20.1 Severability: In the event that any provision of these T&Cs is determined to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these T&Cs and the remaining terms and provisions of these T&Cs will remain in force and constitute the agreement between you and Home.
20.2 Assignment: If Home merges, sells or otherwise changes control of its business or this Site to a third-party, Home reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Home has collected from you and any agreements it has made with you. You must not assign or transfer these T&Cs without the written consent of Home.
20.3 Waiver: Any delay or failure by us to exercise or enforce any right or provision of these T&Cs will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us, nor will any such waiver of any breach or default constitute a waiver of any subsequent or similar breach or default.
20.4 Entire Agreement: Together with our Privacy Policy, these T&Cs constitute the entire agreement between you and Home with respect to its subject matter, and supersedes all prior oral or written understandings, communications or agreements.
For any questions, concerns, or requests related to these T&Cs, please contact us at: help@home.cc or Level 1, 56 Clarence Street, Sydney NSW 2000 or (02) 6618 3388.