Terms of Use

Last updated: 20th October 2010

Introduction and your agreement to these Terms of Use :-

Welcome to the MyVirtualHome website (this "Website"). This Website is owned and operated by Homesoft Pty Limited (“Homesoft”), an Australian proprietary company limited by shares with Australian Business Number 27 143 100 001.

These terms and conditions of use (these "Terms of Use") are deemed to incorporate this Website’s privacy policy (the “Privacy Policy”), which is available on this Website and which you should read together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.

These Terms of Use govern your access to and use of this Website, including any: (i) software (including the MVH Software (defined below)), data, information, content or materials that are located on, form part of or available through or in connection with this Website (the “Website Material”); and (ii) services provided through or in connection with this Website (the “Services”). By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms Use, you must immediately exit and not access or use this Website, the Website Material or the Services.

MVH Software EULA :-

If you download a copy of the MyVirtualHome software application (the "MVH Software") from this Website or otherwise obtain a copy of the MVH Software, you must comply with the terms and conditions of the MVH Software end user licence agreement (the "MVH Software EULA").

Changes to these Terms of Use :-

HOMESOFT may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.

Different types of Users :-

Subject to these Terms of Use, any person may access or use this Website via the internet without registering with or disclosing any personally identifying information to HOMESOFT (an “Unregistered User”). To make full use of the functionality of this Website, a person will need to register with HOMESOFT (a "Registered User"). HOMESOFT may refuse any request for registration. Unregistered Users and Registered Users are referred to collectively in these Terms of Use as “Users”. HOMESOFT may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users.

Registration :-

If you wish to become a Registered User, you must provide HOMESOFT with certain true and correct information about yourself (the “User Registration Information”), as requested by the relevant registration page on this Website. Information requested may include your: login user name and password; email address; name; title; date of birth; home address; postcode; country of residence; telephone numbers; payment details; and billing address. You must promptly notify and update HOMESOFT if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to HOMESOFT contacting you via such means.

Use of the Website Material and Services :-

HOMESOFT grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to download and use the Website Material solely in accordance with these Terms of Use.

The Website Material and Services are provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances. You must undertake your own independent assessment in relation to any proposed purchase or building renovation or other works contemplated by you or any other person as a result of or in connection with your use of this Website, the Website Material of the Services. You must, in particular, separately confirm that all measurements, finishes, colours, textures, etc, are accurate, complete and to your satisfaction and liking. You cannot trust the Website Materials or the Services to make decisions for you regarding your home design and the Website Materials and Services must not be relied on by you or any other person as a substitute for conducting your owns checks, modelling and measurements.

Intellectual Property Rights :-

All intellectual property rights (including copyright, patents, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in HOMESOFT (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in HOMESOFT’ (or its licensors’) intellectual property rights to you.

Submitted Materials :-

This Website may allow Users to submit or post data, information, content and materials (“User Material”) to this Website and/or HOMESOFT, for access and use by other Users and/or HOMESOFT. (References in these Terms of Use to “User Material” do not include any User Registration Information, which is treated separately to User Material.) HOMESOFT does not systematically review User Material submitted by Users and is not responsible for the form or content of any User Material

If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, patent, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including HOMESOFT and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) except with HOMESOFT' prior written consent, advertise any product or service or solicit any business.

You agree that HOMESOFT may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by HOMESOFT and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and HOMESOFT; and (iv) directly or indirectly commercially benefit from your User Material.

HOMESOFT does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant HOMESOFT an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of and enter into a commercial rental arrangement in respect of that User Material.

Prohibited activities :-

You must not submit, post, upload, email or otherwise send or transmit to this Website, HOMESOFT, any User or any other person anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.

Linking and framing/embedding :-

You must not (and must not allow or authorise) linking to this Website from any other website or location on the internet or otherwise, except where such linking is to the home page of this Website located at www.myvirtualhome.com.

You must not (and must not allow or authorise) the framing or embedding of all or any part of this Website on or in any other website or location on the internet or otherwise, under any circumstances.

Confidentiality of user name and password :-

If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform HOMESOFT. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly (and, in any event, at least once per month).

Cessation of services :-

HOMESOFT may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website, the Website Material or the Services for any reason whatsoever or for no reason, including where HOMESOFT believes that you are in breach of these Terms of Use.

Indemnity by you :-

You must indemnify and hold harmless HOMESOFT (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by HOMESOFT (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

Other websites :-

HOMESOFT is not responsible for the policies and practices of websites operated by persons other than HOMESOFT, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every website you access or use.

Changes to this Website :-

HOMESOFT may (with or without notice to you) make changes to this Website, the Website Material and the Services.

Availability of this Website :-

This Website, the Website Material and the Services are provided on an “as available” basis and HOMESOFT shall not be liable if this Website, the Website Material or the Services are unavailable for any period. HOMESOFT may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. HOMESOFT does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.

Accuracy of this Website :-

This Website, the Website Materials and the Services are provided on an “as is” basis and HOMESOFT makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.

Disclaimer :-

Except to the extent that the same may not be excluded or limited as a matter of applicable law, HOMESOFT excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose).

Limitation of liability :-

Except to the extent that the same may not be excluded or limited as a matter of applicable law, HOMESOFT is not liable for any loss or damage, however caused (including, but not limited to, by the negligence of HOMESOFT), suffered by you or any other person under or in connection with these Terms of Use or your access to or use of this Website, the Website Material or the Services.

If any law implies a condition or warranty into these Terms of Use in respect of goods or services supplied, and HOMESOFT’ liability for breach of that condition or warranty may not be excluded but may be limited, HOMESOFT’ liability for any breach of that condition or warranty is limited to: (i) in the case of a supply of goods, HOMESOFT doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, HOMESOFT doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.

Force majeure :-

HOMESOFT will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by HOMESOFT to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond HOMESOFT’ control.

Assignment :-

You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. HOMESOFT may assign, transfer, sub-contract or otherwise dispose of any or all of HOMESOFT’ rights and/or obligations under these Terms of Use.

Entire agreement :-

These Terms of Use, together with any additional terms and conditions or usage rules set out or referred to on this Website from time to time (including the MVH Software EULA), constitutes the whole agreement between you and HOMESOFT relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Rights cumulative :-

The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise (including under any other agreement between you and HOMESOFT (such as the MVH Software EULA).

Waiver :-

No failure to exercise nor any delay in exercising by HOMESOFT of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

Invalidity :-

If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

Governing law :-

These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Interpretation :-

In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

Contacting HOMESOFT :-

All correspondence to HOMESOFT, including any queries you may have regarding this Website or these Terms of Use, should be sent to:

Email: support@zendesk.myvirtualhome.com

Address: PO Box 1279 Aspley QLD 4034 Australia.