Please read these terms and conditions of use carefully before using this website and app.
Welcome to our website and app. If you continue to browse and use this website and app you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern homelealass.com’s and homelealass.community’s relationship with you in relation to your use of this website.
By using this website and app, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to homelealass.community and homelealass.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
OBJECTIONABLE CONTENT AND ABUSIVE BEHAVIOUR
Objectionable content and abusive behaviour is explicitly prohibited.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website and app to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and homelealass.com’s and homelealass.community’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website and app that you agree and accept that homelealass.com and homelealass.community is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website and app meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), homelealass.com’s and homelealass.community’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF DIGITAL GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
homelealass.com and homelealass.community handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of homelealass.com and homelealass.community.
LINKS TO OTHER WEBSITES
homelealass.com and homelealass.community may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between homelealass.com, homelealass.community and the owners of those websites. homelealass.com and homelealass.community takes no responsibility for any of the content found on the linked websites.
homelealass.com’s and homelealass.community’s website may contain information or advertisements provided by third parties for which homelealass.com and homelealass.community accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, homelealass.com and homelealass.community absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. homelealass.com and homelealass.community gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of homelealass.com and homelealass.community to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At homelealass.com and homelealass.community, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. homelealass.com and homelealass.community respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. homelealass.com’s and homelealass.community’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data homelealass.com and homelealass.community collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
homelealass.com and homelealass.community does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
homelealass.com and homelealass.community may be required, in certain circumstances, to disclose information in good faith and where homelealass.com and homelealass.community is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them to users, whether they be business users or domestic users, then you are a competitor of homelealass.com and homelealass.community. homelealass.com and homelealass.community expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then homelealass.com and homelealass.community will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. homelealass.com and homelealass.community reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website and app contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for 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 on this website.
homelealass.com and homelealass.community expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
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.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and homelealass.com and homelealass.community concerning your use and access to homelealass.com’s and homelealass.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
EDUCATION OR LIFE COACHING
By using our services, you agree that homelealass.com and homelealass.community is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold homelealass.com and homelealass.community liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by homelealass.com and homelealass.community.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and homelealass.com and homelealass.community takes no responsibility for your actions, choices or decisions.
REVIEWS
You consent to receiving an invitation to review your homelealass.com and homelealass.community orders.
JURISDICTION
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and homelealass.com and homelealass.community that results in litigation then you must submit to the jurisdiction of the courts of QLD.
EMAIL CONSENT
You agree to receive emails from homelealass.com and homelealass.community, and can unsubscribe from them via the unsubscribe link or by emailing [email protected].
APP TERMS OF USE
These Terms of Use apply to the use of this App. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you are not permitted to use this App or related services.
DEFINITIONS
“App” means the Homelea Lass software application for mobile phones and tablet computers.
“Advertiser” means an advertiser who has been accepted to place an advertisement or listing on or through the App.
“Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including all material, links, words and images.
“We”, “our” and “us” means homelealass.community, Homelea Lass and includes all employees, directors and contractors from time to time.
“You” means each of the end user, subscriber or Advertiser (as relevant).
OBJECTIONABLE CONTENT AND ABUSIVE BEHAVIOUR
Objectionable content and abusive behaviour is explicitly prohibited.
SUBSCRIPTIONS
You must register and pay your subscription fee in advance in order to access our App services. The fee may be automatically renewed unless you or we cancel the subscription in accordance with the below Cancellation terms or you change the in-App settings to prevent and stop the auto-renew function.
SUBSCRIPTION CANCELLATION
You are solely responsible for cancelling your subscription. You may cancel through the App or by notifying us at our contact details provided. Any other type of cancellation will not be considered. If you cancel your subscription during a billing cycle, you must do so at least 7 days prior to the next payment becoming due so that you will not be charged the subsequent fee. On cancellation of your subscription, all of your content, material and links will be deleted.
SUBSCRIPTION TERMINATION
We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your subscription.
SUBSCRIPTION REFUNDS
There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
GENERAL
By using this App, you authorise us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar, in any form of media or technology for any purpose related to the App.
You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App.
Unless otherwise specified, the App and associated services are for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the App, which are not your own intellectual property.
You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
MODIFICATION OR TERMINATION OF APP
We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.
From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.
LIABILITY
Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.
In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.
All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.
You are solely responsible for obtaining permission before reusing any copyrighted material that is available on our site and App. Any unauthorised use of the materials appearing on our site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
GOVERNING LAW
These Terms of Use are governed by the laws of QLD which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of QLD for determining any dispute concerning these Terms of Use.
