Website Terms and Conditions of Use
Terms and Conditions
a. By accessing the houseandland.com.au website and using its services, you confirm that you have read, understand, accept and agree to the following terms and conditions. These terms and conditions form a binding agreement between you, the user (User, you or your), and Houseandland.com.au Pty Ltd (we, our, us or HAL), for the provision of access to the houseandland.com.au website (the Website), and the ability to use the services listed in clause 4, below (the User Services). If you disagree with any of the terms and conditions contained in this document, you must stop using the website, and navigate away from it.
b. We reserve the right to change, remove or add additional terms and conditions to this document at any time. Any changes will be displayed on this web application and on the HAL website in bold for a period of 28 days after the changes have been made. You must cease using the Website and User Services if you do not agree to the amended terms.
c. You are deemed to accept those changes if you continue to use the Website after such changes have been made and brought to your attention.
d. We have no responsibility to inform you of changes made to these terms and conditions other than those requirements mentioned in paragraph 1.b of this document.
2. User Services:
In return for you agreeing to these terms and conditions, we will grant you:
a. access the Website;
b. access to our directory of agents and builders; and
c. access to our house and land matching service.
(together, the User Services).
3. Transactions with individuals and businesses listed on the Website:
a. HAL is not responsible or liable for any transaction (including purchase and delivery) you enter directly with either:
1. an individual or business that has listed their property on the Website; or
2. an individual or business listing or advertising its products or services on the Website.
b. HAL makes no warranties or representations in relation to the services or products of businesses listed or advertising services or products on the Website. We accept no liability for prices charged or services provided by such listed businesses.
c. Hal has no interest, whether direct or indirect, in any of the businesses listed on the Website.
4. Third party links
5. No guarantee of accuracy or appropriateness
As part of the provision of User Services to you, we will provide you with information and suggestions regarding land for sale, building services and potential house and land packages. By accessing the User Services, you acknowledge your understanding that:
a. HAL has not considered your individual circumstances, and is not in a position to judge if any given option or service is appropriate for you;
b. suggested house and land combinations, and all services advertised on the Website are subject to laws, regulations and council approvals. A listing on the Website in no way guarantees that the service, or suggested house and land combination will meet legal and regulatory requirements.
c. the house and land matching service may not show all house designs or land allotments available;
d. house and land matches may not be accurate or possible;
e. the services and land advertised on the Website are provided by third parties independent from and unconnected with HAL. HAL does not guarantee the accuracy of information posted on the Website, nor does it make any assertion as to the quality or suitability of the services provided by third parties.
f. HAL does not assert that any builder has the consent or agreement of a developer to build on that developer’s land, or any consent or agreement of any builder to build on a developer’s land.
g. Suggested house and land combinations do not take in any way guarantee the willingness of any particular builder to work with a particular developer or land owner, or vice versa.
h. you will need to make your own independent enquiries, and obtain independent advice, to ensure that:
a. the service provider or real estate agent that you contact via the Website is appropriately licensed and registered to provide the services advertised;
b. the sale of any land has been approved and authorised by the owner of that property;
c. you are aware of any and all restrictions that may apply to a property or service advertised on the Website;
d. any proposed house and land package is appropriate for your circumstances; and
e. any proposed house and land package meets all legislative and regulatory requirements, and meets council approval
6. User Conduct:
a. Your use of the Website is subject to this Agreement.
b. As a user of HAL's Website and the User Services, you agree that you will not:
1. use the Website or User Services for any purpose other than those permitted by HAL;
2. use the Website or User Services for an illegal, unlawful, improper or infringing purpose, or in a way that encourages unlawful or criminal activity;
3. install spiders, data scrapers, viruses or other software or otherwise use the Website or User Services in a manner which may threaten the integrity and security of the website or other HAL products or services;
4. upload, transmit, post or share any virus or similar computer code or software which may cause damage to, or violate the privacy of HAL or any other user of the site;
5. upload, transmit, post or share any explicit, pornographic, obscene or offensive images or text;
6. make requests of our server at an unreasonable frequency that we determine compromises our ability to provide the Website to other customers, or the User Services;
7. attempt to copy, reverse engineer or otherwise utilise the Website, or any data derived from it or the User Services; or
8. use the Website to send unsolicited commercial messages (commonly known as 'Spam') in any form, including but not limited to e-mail, voice, fax or sms, or use the website in any way that would contravene the Spam Act 2003 (Cth) and for each and every complaint received alleging that you have used our services for the purpose of sending unsolicited commercial messages, you will be charged a $25 administration fee, which may at our discretion be refunded if it is found to be unsubstantiated.
c. You will not upload any information that
1. is fraudulent; or
2. is in any other way objectionable.
d. What is objectionable will be determined by us in accordance with accepted internet standards and practices.
e. By submitting data or information to HAL or as part of its Services you confirm that:
1. the publishing of any data, information, material or communication of any type by you will not breach or infringe upon the intellectual property rights of any third party whatsoever; and
2. you accept all liability for the dissemination of the data or information provided by you to HAL.
f. You agree to use this website in accordance with any and all applicable laws and regulations relating to your use of the internet in the state or territory in which you live, and of this agreement.
7. Usage and Content
a. Provision of the User Services to you is at our discretion. We provide no guarantee of the availability or suitability (including speed, accuracy, or reliability) of the services provided by HAL to your organisation or customers. We retain the right to remove, alter, discontinue or terminate any aspect of the Services provided to you without notice.
b. We have no obligation to provide uninterrupted access to the Website or User Services and although we will do our best to provide continuous access, the Website and User Services may from time to time be inaccessible to users.
8. User Information
a. By agreeing to this contract, you confirm that all information provided by you is complete and accurate.
9. Intellectual Property
a. The copyright in the Website and this interface, the User Services, and all other content created by HAL and its content partners (together, 'Content') is owned by HAL. We reserve the right to use, alter, add to, or remove elements of the Content as we deem fit at our sole discretion.
The ‘houseandland.com.au’ logo, ‘Match With Land’ device and ‘Match With House’ device are each registered trade marks of HAL. They, together with the copyright in the Website and this interface, the User Services, and all other content created by HAL and its content partners (together, ‘Content’) are owned by HAL. We reserve the right to use, alter, add to, or remove elements of the Content as we deem fit at our sole discretion.
10. Indemnity & Liability
a. To the greatest extent permitted by law, you release us from all liability, express or implied, arising from or consequential upon your use of the Website or the User Services.
b. If a term, condition or warranty is implied by law into contracts for the sale of services ('implied term') and, by law, cannot be excluded but can be limited, the HAL limits its liability to you and your representatives for breach of that implied term to (at the your election) resupply of the User Services, or payment of the cost of resupplying the Users Services.
c. To the greatest extent permitted by law, you indemnify us, our officers, directors, staff, agents and contractors from any loss or damage, including any and all legal costs (including lawyers fees), which we may suffer as a result of your usage of HAL's products and services in a manner contrary to this Agreement.
d. You agree to cooperate fully with us in the defence of any claim.
e. You agree to ensure that you will not enter into any agreement with a third party such that the agreement between you and HAL would place you in breach of that agreement.
f. You agree to indemnify us from any action by a third party in relation to your agreement with us and your use of the Website and Member Services.
g. In no event will we be liable to you or any other party for direct or indirect loss in connection with your use of the Website or User Services.
h. You acknowledge that in the event of a dispute with a builder, real estate agent, or other service provider advertising or listed on the Website, your dispute will lie solely with that person, and not in any way against HAL.
i. On no account will our liability to you for, or on account of, any claim, costs, damages or expense exceed the sum of $10.
11. Accuracy of information
You acknowledge that we make no representation whatsoever about the accuracy or truth of any data held on our servers.
a. We reserve the right to alter, suspend or terminate your access, or the access of end users at our discretion without notice.
b. A breach of any of these terms and conditions will result in the immediate termination of access and, if applicable, the relevant account.
13. Force Majeure
A party will not be liable to the other party for any failure or delay in performing its obligations under this Agreement (except for the payment of money) to the extent that this is caused or arises from events which include, but are not limited to:
a. fire, earthquake, flood, lightning, storm or extreme weather conditions;
b. strikes, lock-outs, boycotts or other industrial disputes;
c. acts of war, terrorism, riots, civil commotion and explosions;
d. government restrictions.
14. Independent Proprietor
The parties are independent of each other and not in an agency, joint venture or partnership relationship.
Each provision of this agreement, and each part thereof, is severable. Severance of one provision, or part thereof, does not affect any other provision.
16. Entire Agreement
This Agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
17. Governing Law
a. This Agreement is governed by, and must be interpreted in accordance with, the laws of South Australia.
b. You submit to the exclusive jurisdiction of courts in South Australia.
a. You may not assign, delegate or novate this agreement to any other person or body corporate.
b. HAL retains the right to assign this agreement without notice.
19. Authorised to contract
By agreeing to this contract you warrant that you are either:
a. acting on your own behalf; or
b. that you have full and complete authority to enter into this agreement on behalf of and to bind any company or other entity which you represent or purport to represent, and that you have been duly authorised to act in such a manner by the company or entity.