This website is operated
by Homevine Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Homevine Pty Ltd.
Homevine Pty Ltd offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies (also called Terms of Service) and notices
By visiting our site and/or using our service and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of
Service carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service. If you
do not agree to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools
which are added to the current store shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to our website. It
is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
SECTION 1 -
ONLINE STORE TERMS
By agreeing to these Terms
of Service, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to
You must not transmit any
worms or viruses or any code of a destructive nature.
A breach or violation of
any of the Terms will result in an immediate termination of your Services.
SECTION 2 -
We reserve the right to
refuse service to anyone for any reason at any time.
You understand that your
content (not including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by
The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if
information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain
certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify
the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products
and services are subject to change without notice.
We reserve the right at
any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to
you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 -
PRODUCTS OR SERVICES (if applicable)
Certain products or
services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or
exchange only according to our Policy.
We have made every effort
to display as accurately as possible the details and images of listings that
We reserve the right, but
are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any listing or service at any time.
Any offer for any listing or service made on this site is void where
We do not warrant that the
quality of any properties, services, information, or other properties purchased
or obtained by you will meet your expectations, or that any errors in the
Service will be corrected.
SECTION 6 -
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to
refuse any property inquiry you place. We may, in our sole discretion, limit or
cancel inquiries placed per person, per household or per order. These
restrictions may include inquiries placed by or under the same customer
account, the same credit card, and/or inquiries that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
inquiries, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the inquiries was made. We reserve
the right to limit or prohibit inquiries that, in our sole judgment, appear to
be placed by real estate agents, or any professional property agents.
You agree to provide
current, complete and accurate account information for all inquiries made at
our site. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so
that we can complete your transactions and contact you as needed.
SECTION 7 -
We may provide you with
access to third-party tools over which we neither monitor nor have any control
You acknowledge and agree
that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools.
Any use by you of optional
tools offered through the site is entirely at your own risk and discretion and
you should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the
future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
SECTION 8 -
Certain content, products
and services available via our Service may include materials from
Third-party links on this
site may direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy and we
do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or services
We are not liable for any
harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 -
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you
send certain specific submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your
comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the origin
of any comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 -
Your submission of
SECTION 11 -
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
valuation, promotions, offers, product charges, times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation
to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
SECTION 12 -
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER
OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee,
represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the
results that may be obtained from the use of the service will be accurate or
You agree that from time
to time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that
your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except
as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Homevine Pty Ltd,
our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
SECTION 14 -
You agree to indemnify,
defend and hold harmless Homevine Pty Ltd and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of a
SECTION 15 -
In the event that any
provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 -
The obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If in our sole judgment
you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 -
The failure of us to
exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and
any policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
SECTION 18 -
These Terms of Service and
any separate agreements whereby we provide you Services shall be governed by
and construed in accordance with the laws applicable in the respective State/Territory.
SECTION 19 -
CHANGES TO TERMS OF SERVICE
You can review the most
current version of the Terms of Service at any time at this page.
We reserve the right, at
our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 -
Questions about the Terms
of Service should be sent to us at email@example.com.