HOMEBUYER HELP TERMS OF USE

Last updated: 5 October 2023

1. DEFINITIONS

For the purposes of these Terms of Use:

Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.

Content refers to content such as text, images, audio and/or video content or other information that can be posted, uploaded, linked to or otherwise made available to You by HBH, regardless of the form of that content.

Country refers to Melbourne, Australia.

HBH (referred to as either "HBH", "We", "Us" or "Our" in this Agreement) refers to Home Buyer Help Services Pty Ltd ABN 93 659 779 754.

Loss means any expense, cost, liability or damage of any kind and includes, without limitation, Consequential Loss and a fine or penalty imposed by a statutory or other authority.

Services means HBH's provision of instructional Content to the home buying process made available by HBH via the Website and other means.

Terms of Use means these Terms of Use that form the entire agreement between You and HBH regarding the use of the Services.

Website means the Homebuyer Help website at homebuyerhelp.com.au and includes all subdomains of that domain.

You means the person that accesses Content and/or uses the Services.

2. AGREEMENT

By accessing Content and/or using the Services, You are taken to have agreed to be bound by all of the terms of this Agreement (including any variations). If You do not agree to these terms and conditions, You must immediately cease accessing Content and using the Services and delete any copies you may have made of the Content.

The Content and Services are licenced, not sold, to You for use only under the terms of this Agreement.

Any use of the Services via your login by other users is expressly subject to this Agreement and you remain responsible for and liable for any breach of this Agreement by such other users.

3. GRANT OF LICENCE

HBH grants You a limited, non-exclusive, non-transferable and revocable licence to use the Website and the Content for your personal non-commercial use only and subject to these Terms of Use.

4. INTELLECTUAL PROPERTY

As between the parties, HBH solely and exclusively owns or is the authorised licensee of all rights, title and interest in the Content and the Services and all other intellectual property rights (including without limitation all copyrights, patents, trademarks, trade secrets), including all modifications and derivative works.

Other than the licence granted to You under this Agreement, no other licences or rights are granted to You in respect of the Content or the Services.

Except as expressly permitted in this Agreement, You must not, or enable others to:

• circulate, reproduce, retransmit, distribute, disseminate, sell, publish, rent, broadcast and/or communicate to the public or any person any such Content (or any part of it);
• modify, make derivative works of, disassemble, reverse compile, translate, reverse engineer or decrypt any part of the Website;
• licence, sell, lease, rent, assign, distribute, transmit, host, disclose, outsource or otherwise commercially exploit the Services or make the Services available to any third party;
• use any marks, logos, names, designs, slogans or trademarks of HBH.

5. MODIFICATIONS

HBH reserves the right in its absolute discretion to suspend or discontinue (whether temporarily or permanently), update or otherwise modify the Content, the Website or the Services, from time to time, which may include fixes, upgrades, updates and other modifications, with or without notice and without liability to You. This Agreement will apply to all and any component of any modifications.

6. THIRD PARTY SERVICES

The Content, Website and Services may display, include or make available third-party content (including other products or services, information, data or applications) or provide links to third-party websites or services.

You acknowledge and agree that HBH shall not be responsible for and does not have any control over any third party websites or services. HBH does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party services.

You agree that you access Third Party Services and links at your own risk and subject to such third parties' terms and conditions.

7. PRIVACY POLICY

HBH collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy found at https://www.homebuyerhelp.com.au/legal/privacy-policy

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

8. TERM AND TERMINATION

This Agreement shall remain in effect until terminated by You or HBH. HBH may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from HBH, in the event that You fail to comply with any provision of this Agreement.

Upon termination of this Agreement, You shall cease all use of the Services and the Website and delete any copies you have made of the Content.

Termination of this Agreement will not limit any of HBH's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the Agreement.

9. INDEMNIFICATION

You agree to indemnify and keep HBH, its employees, agents, contractors, affiliates and licensors (“Indemnified Parties”) indemnified against any claims, actions, expenses (including all reasonable expenses) and Losses arising out of Your: (a) use of the Content or Services; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

10. NO WARRANTIES

The Content and Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, HBH expressly disclaims, itself and on behalf of its affiliates and the respective licensors and service providers of HBH and such affiliates, all guarantees, terms, conditions, warranties, undertakings, inducements or representations, whether express or implied, statutory or otherwise, relating to this Agreement or the Content or Services.

Without limitation to the foregoing, HBH provides no warranty or undertaking, and makes no representation of any kind that the Content or Services will (i) meet Your requirements or be fit for a particular purpose; (ii) be compatible or work with any other software, applications, systems or services (iii) operate without interruption (iv) meet any performance or reliability standards; (v) be error free or that any errors or defects can or will be corrected; or (vi) be free of viruses, scripts, Trojan horses, worms, malware or other harmful components.

Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the consumer guarantees under the Australian Consumer Law.

11. GENERAL INFORMATION ONLY

While all reasonable steps have been taken by HBH to ensure that the Content is accurate and up to date, HBH does not guarantee the accuracy, completeness or usefulness of the Content and does not accept responsibility for any inaccuracy or any actions taken in reliance upon the Content. Some of the Content is sourced from publicly available information which HBH cannot verify the accuracy of and may be subject to changes in legislation.

The Content and the Services are for general use only and they do not take into account Your particular investment objectives, financial situation or investment needs. Consequently, before acting on the Content or Services, you should consider the appropriateness of the Content and Services in view of Your own objectives, financial situation and needs. You should consider seeking independent legal, financial, taxation or other advice to check how the Content and the Services relate to Your unique circumstances.

HBH makes no representation and gives no advice in respect of any personal, financial, investment, tax, legal or accounting matters in any jurisdiction including the suitability of any particular property investments or properties to investors. Neither HBH or any of its affiliated companies, agents or subcontractors shall be liable for any Consequential Loss or punitive or exemplary damages, including lost profits arising in any way from, including by not limited to in relation to the Content or the Services.

12. LIMITATION OF LIABILITY

Where HBH is not able to exclude a guarantee, term, condition, warranty, undertaking, inducement or representation imposed by legislation in relation to this Agreement (“Non-Excludable Provision”), and HBH is able to limit Your remedy for a breach of the Non-Excludable Provision, then HBH's liability for breach of the Non-Excludable Provision is limited to the amount actually paid by You for the Services.

HBH will not be liable to You for any Consequential Loss.

13. RELEASE

Without limiting any other acknowledgement, release or indemnity given by You, or limitation of liability, in favour of HBH, You irrevocably and unconditionally acknowledge and agree that there are no certainties in property investment and as with any investment, there are always risks and variables that ought to be taken into account based on Your personal circumstances. Any reliance on the Content or the Services is at Your own risk and you assume sole responsibility for evaluating the merits and risks of using the information and all risks associated with Your property investment decisions.

HBH and any of its affiliated companies, agents or subcontractors are in no way liable for Your reliance on the Content or the Services for property investment or other decisions. To the maximum extent permitted by law:

• HBH will not be liable for any damage or financial loss arising out of or in connection with Your use of the Content; and
• You release HBH from all claims, actions, proceedings, liabilities, Losses and damages in relation to financial loss arising out of or in connection with Your use of the Content.

14. ASSIGNMENT

We may assign or novate this agreement to a related body corporate of ours (within the meaning of the Corporations Act 2001 (Cth)) without Your consent on notice to You. Other than as set out in this provision, no party may assign or novate this EULA without the other party's prior written consent, with such consent not to be unreasonably withheld or delayed.

15. SEVERABILITY AND WAIVER

If any provision of this Agreement is held to be unenforceable, void, voidable or invalid, such provision shall be severed from this Agreement and the remaining parts of this Agreement will continue in full force and effect.

The failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

16. CHANGES TO THIS AGREEMENT

HBH reserves the right, at its sole discretion, to amend or replace this Agreement at any time.

By continuing to access or use the Website, Content or Services after any amendments become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorised to use the Website, Content or Services.

17. GOVERNING LAW

The laws of Victoria, Australia, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Website, Content and Services.

18. ENTIRE AGREEMENT The Agreement constitutes the entire agreement between You and HBH

regarding Your use of the Content, Website and Services and supersedes all prior and contemporaneous written or oral agreements between You and HBH.

You may be subject to additional terms and conditions that apply when You use or purchase other services of HBH, which HBH will provide to You at the time of such use or purchase.

CONTACT US

If You have any questions about this Agreement or the Content, Website or Services including any claims or complaints, You can contact HBH at: support@homebuyerhelp.com.au