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Terms of Use

       

The www.hometrack.com/au website (the "Hometrack Site") is provided to you for your personal use subject to these Terms of Use.

Acceptance

The Hometrack Site is owned and provided to you by Hometrack Australia Pty Limited ("us" / "we") By using the Hometrack Site you agree to be bound by these Terms of Use.

Amendments

We reserve the right to amend these Terms of Use from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of the Hometrack Site. We therefore recommend that you review these Terms of Use editions from time to time.

Contents and use of website

The Hometrack Site is a place for you to access information and other services relating to Hometrack in the Austraila. You assume total responsibility and risk for your use of the Hometrack Site and/or any information contained within it. It is your sole responsibility to evaluate the accuracy, completeness, usefulness and suitability of all services and information provided on or through the Hometrack Site. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION OR FOR ANY TECHNICAL PROBLEMS YOU MAY EXPERIENCE WITH THE HOMETRACK SITE.

Liability

The Hometrack Site and all materials and information thereon are provided on an "as is" basis. These Terms of Use set out the full extent of our obligations and liabilities in respect of goods, services and information supplied on and via the Hometrack Site. Any condition, warranty or other term concerning the supply or failure to supply any goods or services via or on the Hometrack Site which might, but for this clause, have effect between us or would otherwise be implied or incorporated into these Terms of Use (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded. We will not be liable to you other than pursuant to the express terms of these Terms of Use. In no event will we be liable to you or any other user of the Hometrack Site for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence and whether directly or indirectly) out of or in connection with the viewing, use or performance of the Hometrack Site or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of Hometrack or our servants or agents, or any other person TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR DATA: (a) RESULTING FROM THE USE OR THE INABILITY TO USE THE HOMETRACK SITE; (b) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IF GOODS OR SERVICES ARE NOT AVAILABLE ON OR FROM THE HOMETRACK SITE; (c) RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) CAUSED BY A DELAY IN DELIVERY OF ORDERED GOODS OR SERVICES. NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.

Indemnification

You agree to indemnity and hold us and each of our affiliate companies and their offices and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Hometrack Site, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, or of any intellectual property or other right of any other person or entity.

Copyright and trademarks

The contents of the Hometrack Site are protected by international copyright laws. The owner of the copyright in the information on the Hometrack Site is Hometrack or other third parties. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Hometrack Site including but not limited to text, graphics, code and/or software unless you have our express written permission to do so. However, you may print or download to a local hard disk portions of material or information from the Hometrack Site solely for your own personal use provided that you do not change or delete any copyright, trade mark or other proprietary notices from the materials. All other rights are reserved. All product and company names mentioned in the Hometrack Site may be the trade marks, service marks or trading names of their respective owners, including HOMETRACK and HOMETRACK INDEX which are the trade marks of Hometrack.

Linked sites

Hometrack makes no representations whatsoever about any other website which you may access through this website or which may link to this website. When you access any other website you understand that it is independent from Hometrack, and that we have no control over the content of or services on that website. In addition, a link to any other website does not mean that Hometrack endorses or accepts any responsibility for the content of or services provided on such a website. You may not link to this website without our express written consent. If you wish to provide a hypertext or other link to this website, please contact webmaster@hometrack.com with details of the URL of the web page from which you are proposing to link and the URL of the page on this website to which you wish to link and Hometrack will consider your request. It is our decision as to whether to agree to your request, and Hometrack will be under no obligation to do so.

Availability of website

We will endeavour to make the Hometrack Site available to you when you want to use it but cannot guarantee that the Hometrack Site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Hometrack Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device related to the Hometrack Site.

Modifications to website

We reserve the absolute right to alter, suspend or discontinue any aspect of the Hometrack Site or the services provided through it, including your access to it.

International Use

We make no representation that materials on the Hometrack Site are appropriate or available for use in locations outside Australia and accessing the Hometrack Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

Children

Hometrack does not sell products or services for purchase by children nor is the Hometrack Site intended for use by children.

Termination

The agreement between you and us formed on the basis of these Terms of Use ("this Agreement") shall terminate immediately if you breach these Terms of Use. We reserve the right to terminate this Agreement at any time. The termination of this Agreement or your right to use the Hometrack Site is without prejudice to any rights which we may have against you in respect of such breach.

General

These Terms of Use and your use of the Hometrack Site are governed by the law of New South Wales and you submit to the exclusive jurisdiction of the NSW courts. In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use , such provision will at our election, be deleted and the remainder of the terms of these Terms of Use will remain in full force and effect. Any failure by us to insist upon or enforce strict performance by you of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We may assign and novate our rights and obligations under these Terms of Use and upon such assignment we will be relieved of any further obligation under these Terms of Use. These Terms of Use, constitute the entire understanding between us as to the subject matter hereof, and supersede any and all prior agreements and understandings.