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Phone Homes Pty Ltd | Website Terms of Service

1. Terms

By viewing the website at https://www.phonehomes.com.au/, you are agreeing by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. By default, the materials contained in this website are protected by applicable copyright and trademark law unless stated otherwise.

2. Use License

  1. By viewing the site permission is granted to temporarily download one copy of the materials on Phone Homes’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Phone Homes’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Phone Homes at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Phone Homes’s website are provided on an ‘as is’ basis.Phone Homes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Phone Homes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Phone Homes or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Phone Homes’s website, even if Phone Homes or a Phone Homes authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Phone Homes’s website could include technical, typographical, or photographic errors. Phone Homes does not warrant that any of the materials on its website are accurate, complete or current. Phone Homes may make changes to the materials contained on its website at any time without notice. However Phone Homes does not make any commitment to update the materials.

6. Links

Phone Homes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Phone Homes of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Phone Homes may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

Phone Homes Pty Ltd | Property Service Terms and Conditions

Payment and Renewal.

All Phone Homes clients with signed enrolment forms are bound by these Payment terms.

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.

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.

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 in full at the Property Selection stage unless a written agreement has been established otherwise.

Refunds and Cooling-Off

All Phone Homes clients with signed enrolment forms are bound by these terms.

         Refunds

         In the event that a refund is requested within the applicable statutory cooling-off period, any refund granted will be partial only. Phone Homes Pty Ltd (“Phone Homes”) shall be entitled to retain a portion of the funds to cover administrative and accounting costs. The remaining balance, if any, shall not be refunded in cash but will instead be applied as a credit to the Client’s account, which may be used towards a future campaign with Phone Homes.

Statutory Cooling-Off Period

(a) The Client is entitled to a statutory cooling-off period of five (5) business days commencing on the date of payment for services, in accordance with applicable legislation. During this period, the Client may terminate this Agreement by providing written notice to Phone Homes.

(b)    Where the Client has requested or permitted Phone Homes to commence provision of the Services during the cooling-off period, the Client acknowledges and agrees that:

i.       The statutory right of termination remains exercisable within the cooling-off period; however,

ii.     Phone Homes shall be entitled to retain or recover such amounts as are reasonable to cover administrative and accounting costs, together with payment for any Services duly rendered prior to the date of termination.

(c)    Following expiry of the statutory cooling-off period, the Client shall have no further right to terminate under this clause, and this Agreement shall remain binding in full force and effect.

Recovery of Outstanding Monies

         All amounts payable to Phone Homes must be paid in full by the due date specified on the invoice. In the event of non-payment, Phone Homes reserves the right to engage a third-party debt collection agency and/or legal representatives to recover the outstanding monies. The Client shall be liable for all costs associated with such recovery efforts, including but not limited to debt collection agency fees, legal fees, court costs, and administrative expenses.

Phone Homes Pty Ltd | General Terms and Conditions

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”).

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.

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.

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 non- assignable personal rights of an authorSupport 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.

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.

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.

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.

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.

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.

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.

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.

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.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.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.

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.

    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.

    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.

    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.

    This policy is for Phone Homes – https://www.phonehomes.com.au/ effective as of 2025.