Phone Homes Pty Ltd Terms & Conditions
2. The following terms and conditions govern all use of the www.phonehomes.com.au (“Phone Homes Pty Ltd”)
website and all content, services and products available at or through the website (taken together, the Website).
The Website is owned and operated by Phone Homes Pty Ltd ("www.phonehomes.com.au) The Website is offered
subject to your acceptance without modification of all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation, Phone Homes Pty Ltd Privacy Policy) and procedures that
may be published from time to time on this Site by Phone Homes Pty Ltd (collectively, the "Agreement").
3. Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. 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 the Terms
and Conditions are considered an offer by Phone Homes Pty Ltd, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
4. Headings are for convenience only and do not affect interpretation. The following rules apply unless the context
requires otherwise: a) the singular includes the plural and conversely. b) If a word or phrase is defined, its other grammatical forms have a corresponding meaning. c) A reference to an agreement or document (including reference to this Agreement) is to the agreement or document as amended, varied, supplemented, novated or replaced, except to the extent prohibited by this Agreement or that other agreement or document.
5. Intellectual Property means all industrial and intellectual property whether protectable by statute, at common law or in equity, including all copyright, inventions, patents, designs (whether or not registrable), registered and unregistered trademarks, circuit layout designs but excluding non-assignable moral rights and similar nonassignable personal rights of an author
6. Law means any statute, regulation, order, rule, subordinate legislation or other document enforceable under any statute, regulation, order, rule or subordinate legislation
7. Business Day means a weekday on which trading banks are open for transaction of banking business in the Gold Coast, Queensland.
8. Licence means any licence, permit, or other authorisation or requirement granted to or imposed on Phone Homes Pty Ltd by a Regulatory Body or other authority.
9. Spam has the meaning given by the Spam Act.
10. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
11. Without limiting any of those representations or warranties, Phone Homes Pty Ltd has the right (though not the obligation) to, in Phone Homes Pty Ltd sole discretion (i) refuse or remove any Content that, in Phone Homes Pty Ltd reasonable opinion, violates any Phone Homes Pty Ltd policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Phone Homes Pty Ltd sole discretion. Phone Homes Pty Ltd will have no obligation to provide a refund of any amounts previously paid.
12. Payment and Renewal.
a. General Terms.
By selecting a product or service, you agree to pay Phone Homes Pty Ltd the one-time agreed fee and/or any payment plan as arranged (additional payment terms may be included in other communications). Payments are not refundable unless a written agreement has been established. When purchasing any service offered by Phone Homes Pty Ltd there may or may not be referral fees and commissions payable by third parties involved.
b. Phone Homes Pty Ltd reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at any time on thirty (30) days written notice to Phone Homes Pty Ltd. A non- response to this written notice will indicate acceptance of the revised payment terms and fees.
c. If a deposit of any kind is paid on the Phone Homes Property Investment Service, you will be required to pay your remaining account balance at the Property Selection stage unless a written agreement has been established otherwise.
Support and service. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Phone Homes Pty Ltd to respond within one business day) concerning the use of the Services. "Priority" means that support takes priority over support for users of the standard or free Phone Homes Pty Ltd services. All support will be provided in accordance with Phone Homes Pty Ltd standard services practices, procedures and policies. Phone Homes Pty Ltd is a fee-for-service business. By
becoming a client of the Phone Homes Property Service, you agree to pay Phone Homes Pty Ltd the applicable setup fees and recurring fees where indicated on any documentation sent to you. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services.
13. Responsibility of Website Visitors. Phone Homes Pty Ltd has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Phone Homes Pty Ltd does not represent or imply
that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Phone Homes Pty Ltd disclaims any responsibility for any harm resulting from the use by visitors of the Website, or
from any downloading by those visitors of Content there posted.
14. Complaints Handling. In the event of a customer complaint you may contact the Phone Homes Pty Ltd staff at any time via email or phone. Complaints will be noted on your client record and filed on the Phone Homes Pty Ltd complaints register.
15. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which phonehomes.com.au links, and that link to phonehomes.com.au. Phone Homes Pty Ltd does not have any control over those non-Phone Homes Pty Ltd websites and webpages, and is not responsible for their contents or their use. By linking to a non-Phone Homes Pty Ltd website or webpage, Phone Homes Pty Ltd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Phone Homes Pty Ltd disclaims any responsibility for any harm resulting from your use of non-Phone Homes Pty Ltd websites and webpages.
16. Copyright Infringement and DMCA Policy. As Phone Homes Pty Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by phonehomes.com.au violates your copyright, you are encouraged to notify Phone Homes Pty Ltd in
accordance with Digital Millennium Copyright Act ("DMCA") Policy. Phone Homes Pty Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Phone Homes Pty Ltd reserves the right to terminate a visitor's access to and use of the
Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Phone Homes Pty Ltd or others. In the case of such termination, Phone Homes Pty Ltd will have no obligation to provide a refund of any amounts previously paid to Phone Homes Pty Ltd.
17. Intellectual Property. This Agreement does not transfer from Phone Homes Pty Ltd to you any Phone Homes Pty Ltd or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with Phone Homes Pty Ltd. Phone Homes Pty Ltd, phonehomes.com.au, the
phonehomes.com.au logo, and all other trademarks, service marks, graphics and logos used in connection with phonehomes.com.au, or the Website are trademarks or registered trademarks of Phone Homes Pty Ltd or Phone Homes Pty Ltd licensors. Other trademarks, service marks, graphics and logos used in connection with the
Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Phone Homes Pty Ltd or third-party trademarks.
18. Advertisements. Phone Homes Pty Ltd reserves the right to use any and all information provided in advertisements, marketing and promotional related activities without prior consent. If information used is sensitive in nature, we will cease to use the information provided upon receiving your written notice.
19. Attribution. Phone Homes Pty Ltd reserves the right to display attribution links such as 'Blog at phonehomes.com.au,' theme author, and font attribution in your Blog footer or toolbar.
20. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
21. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
22. Variations. Phone Homes Pty Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those
changes. Phone Homes Pty Ltd 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 be subject to this Agreement.
23. Disclaimer of Warranties. The Website is provided "as is". Phone Homes Pty Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Phone Homes Pty Ltd nor its
suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
24. Limitation of Liability. In no event will Phone Homes Pty Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute
products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Phone Homes Pty Ltd under this agreement during the twelve (12) month period prior to the cause of action. Phone Homes Pty Ltd shall have no liability for any failure or delay due to matters beyond
their reasonable control. The foregoing shall not apply to the extent prohibited by applicable Law.
25. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Phone Homes Pty Ltd Privacy Policy, with this Agreement and with all applicable Laws and Regulations (including without limitation any local Laws or Regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and including all applicable Laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
26. Indemnification. You agree to indemnify and hold harmless Phone Homes Pty Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and
27. Expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
28. Miscellaneous. This Agreement constitutes the entire agreement between Phone Homes Pty Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Phone Homes Pty Ltd, or by the posting by Phone Homes Pty Ltd of a revised version.
Except to the extent applicable Law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the Laws of Australia, excluding its conflict of Law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Gold Coast Queensland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Queensland,, in the English language and the arbitral decision may be
enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Phone Homes Pty Ltd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Phone Homes Pty Ltd (ACN: 627 103 931) provides general educational advice only and all advice is of a general nature and may not be suitable for some people. No individual, accounting, financial, legal needs or goals have been taken into account in the advice offered on this website. You should always seek independent licensed advice about specific financial and legal decisions. We recommend consulting a licensed professional before making any financial decisions pertaining to the information presented.
