This agreement is between you and HOMESHELF PTY LTD (ACN 604 058 415) (referred to in this document as "homeshelf.com.au", "us" or "we").
By visiting and/or using the HOMESHELF website (the "Website") you agree to be bound by the terms of this agreement ("agreement").
We may modify this agreement at any time and such modifications shall be effective immediately upon posting.
If you do not accept these terms & conditions, you must refrain from using this web site.
We reserve the right to amend these terms & conditions from time to time. Amendments will be effective immediately upon notification in this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms & conditions as amended.
In order to save items added to favorites (and access administration areas of the Website), you need to be a registered member.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately ([email protected]
). We are not liable for any unauthorised use of your account.
We reserve the right to change, alter, vary or amend the Website at any time.
We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account.
Use of Website by you
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a voucher or vouchers, we will email you a copy of any vouchers prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.
Information on this Website
Information about builders and their home designs on the Website is based on material provided by third parties ("builders"). We do our best to verify the information provided to us by builders but we cannot guarantee its accuracy.
You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by builders or by builders websites.
Whilst we try (as much as possible) to ensure that we only promote those builders who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.
Disclaimer of liability
Every effort has been made to ensure the accuracy of all details within this web site; however, no warranty can be given by the us regarding the accuracy, adequacy or completeness of any information presented on homeshelf.com.au. Intending purchasers should make their own inspections and enquiries. Photographs or artists impressions are for presentation purposes only and are indicative only. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. homeshelf.com.au accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with your use of this web site or any linked web site or your reliance on any information contained or accessed through this web site.
All information on the site is subject to change without notice.
Any prices listed are for homes only and do not include land.
Complaints or problems
We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any builder.
If you wish to make a complaint in respect of a builder, you must email that complaint to [email protected]
All information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.
Links to third party websites
The Website includes links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.
You acknowledge that we are not affiliated with and do not maintain any of these third party websites, content or resources and we are not responsible for the material contained therein.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.
Pricing and designs
All pricing available on homeshelf.com.au may not include fixtures and fittings, landscaping, stones, facades and cladding and other options which may appear in photos. Photos are for illustration purposes only and all final designs, inclusions and pricing needs to be confirmed with the builder of choice.
Change of Control
Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
Communication by us
As a condition of registering for homeshelf.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- 'Administrative Emails' involve details of account activity ("builders").
This agreement will be governed by and interpreted in accordance with the laws of New South Wales. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.