HumblAbode - The New Address For Real Estate Marketing

Terms

To the extent permitted by law, HumblAbode Pty Ltd (ACN 166 500 670) as it is known from time to time (the company) may in its absolute discretion change any or all of these terms or other conditions for using its platform (including desktop, mobile, and wearable, websites, applications and systems, or parts thereof) at any time by publishing new terms or conditions on its platform or any part of it.
By clicking on the button below indicating your agreement to these terms, you accept these terms. Your use of the platform also, and separately, constitutes your acceptance of these terms.
The company may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on its platform at any time without prior notice and introduce third party advertising on its platform (including desktop, mobile, and wearable, websites, applications and systems, or parts thereof) at any time.

Restrictions on use

You agree that you will not carry out or authorise the following:
1. use of any device, software, process or means to access, retrieve, scrape, or index the platform or any content on or information in it;
2. use of any device, software, process or means to interfere or attempt to interfere with the platform;
3. any action that does or will impose a burden or make excessive traffic demands on the company’s platform or its infrastructure that it deems, in its sole discretion to be unreasonable or disproportionate site usage;
4. any action that uses or indexes any content or data on the platform for purposes of:
  1. constructing or populating a searchable database of properties,
  2. building a database of property information; or
  3. engaging in competition with the company any manner;
5. transmission of spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
6. use of the platform or any content from the platform in any manner which is, in the sole discretion of the company, not reasonable and/or not for the purpose which it is made available;
7. reproduction, republishing, retransmitting, modifying, adapting, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or exploiting of the platform or any content on it, except as expressly authorised by the company; or
8. transmission or attempted transmission of any computer viruses, worms, defects, Trojan horses or other things of a destructive nature.
The company may use whatever means it deems in its absolute discretion necessary to prevent unauthorised access to or use of the platform.

Copyright and third party advertising

Apart from third party links and advertising by persons other than the company or its associated entities, copyright subsists in all information on and in the platform and any publication of the company, and is owned by the company.
The company makes no warranty or representation as to the accuracy or reliability of third party links and advertising by persons other than the company or its associated entities.
A display of advertising on the platform does not imply an endorsement or recommendation by the company.
The company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered as a result of anything contained on or omitted from such third party links and advertising.

User data

“User data” means information including data, text, video, still images, audio or other material that the company has permitted you to host, share, publish, post, store or upload on its platform.
The company may at any time, without liability to any person, remove, alter or disable access to any or all user data in its sole discretion without prior notice, including without limitation if it considers, in its absolute discretion, that the user data contravenes any law or infringes any right, or has the capacity to damage the company in any way.
You hereby grant the company a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your user data throughout the world in any medium, whether currently in existence or not.
You hereby grant each user of the platform a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your user data if and as permitted by the company.
You herby grant the company the right to use your name or the name you submit with the user data, including, the right to represent and warrant that you own and control all of the rights to the user data; or that you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise the company to display and publish the user data.
For any user data that you may retain moral rights in, you declare:
1. that you do not require that any personally identifying information be used in connection with the user data, or any derivative work, upgrade or update of the user data;
2. that you understand that when accessing the platform, you may be exposed to the user data of other users of the platform; and
3. acknowledge and agree that the company does not have control of and is not responsible for that other user data, and you release and indemnify the company from and against any claims that you could make against the company relating to or in connection with that other user data.
You represent and warrant that you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise the company to use the user data.
To the extent the user data causes any loss or damage, directly or indirectly, to the company or its related entities, directors, officers, and agents, your liability is not limited.

Data generally

You acknowledge and agree that any information or data provided by the company to you:
1. is provided for general indicative and trending purposes only, and the company does not warrant its accuracy or reliability, nor is it a substitute for professional advice;
2. is provided for your internal business use only and may not be copied, reproduced, published or disclosed to any other person save that it may be used to illustrate to your clients the performance of their listing(s) on the platform and in presentations and meetings with prospective clients as an example of the performance of a property on the platform; and
3. may not be used, referenced or quoted for promotional purposes of you or your business.
You acknowledge and agree that any information or user data provided by you or which you cause to be provided to the company:
1. may be kept by the company and used by it for commercial purposes unrelated to your own, including without limitation, for the creation or modification of the company’s trade secrets which you have and will have no right or entitlement to; and
2. does not in any way entitle or grant to you any interest in any income, capital, profits, or any property of the company, whether presently existing or created in the future directly or indirectly from that information or user data.
You acknowledge, agree that the company may record, track, and otherwise collect any information from telephone calls made in connection with the provision of the service, and that those records, tracking data and other information forms part of the information or user data provided by you for the purposes of the clause above, and you provide your irrevocable consent to the same.

Warranties and indemnity

You represent and warrant that you:
1. will comply at all times with these terms and any directions the company or its authorised agent(s) makes to you in relation to your use of the platform from time to time;
2. will ensure that you keep your username and password by which you access the platform confidential and secure at all times; and
3. accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to the company.
You hereby indemnify and hold harmless the company and its associated entities, including any of their officers, agents, partners and employees, against any and all loss, liability, claim or demand (including for legal fees and disbursements on a solicitor/client basis) arising out of, or in connection with your use of and access to the platform or user data otherwise than in accordance with these terms.

Linking to the platform

You may only link to content on the platform if the company gives express written prior consent, which may be withdrawn at will at any time without prior notice in the absolute discretion of the company for any reason at all.
If consent is given, it is on condition that you do not, or do not cause the following:
1. attribution of a link to the company’s content as being a link to your own or someone else’s content (for example, using your own logo to link to our content);
2. attribution of a link to any of the company’s websites and then link somewhere else;
3. framing of the company’s content in such a way as to present it as your own or as belonging to anyone other than the company or its authorised users; or
4. linking to the company’s content as part of a website that aggregates property listings and/or information or competes with the company in any manner.
If a website address or other dedicated URL is provided to you by the company as part of the services (see below):
1. the company has and retains at all times ownership in that website address or other dedicated URL and the information in or on them; and
2. the company grants you a limited non-exclusive licence to use that website address or other dedicated URL for the term (unless the agreement is terminated) in accordance with these terms.

Provision of services

“service” includes any of the following or a part or combination thereof:
1. a process that will facilitate uploading user data or any part of it, details and images to the platform or any part of it for purposes associated with the sale of real-estate including provision of telephone number(s);
2. having user data or any part of it featured on any website of the company for those purposes;
3. any associated or ancillary service the company agrees in writing to provide.
The term of this agreement is either 14 days or 30 days as selected by you prior to entry into this agreement, and any other or further term, subject to termination in accordance with this agreement.
Upon expiry of the term the service will cease, subject to your prior written request for a further term, unless otherwise terminated in accordance with this agreement.
Payment for provision of the service must be made in advance, and no refund of any part of the payment will be made including in the event that the service is not used or required for all or part of the term(s).

Fees

The company may change the quantum of the fees for services at any time.
The company may, in addition to the fee, require you to pay the transaction fees imposed on the company by third parties in respect of the processing of card payments or other such transaction fees.
You must pay all taxes, duties and other government charges payable in connection with this agreement whether applying as at the date of this agreement or in the future including, without limitation, any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on the company’s income.

Warranties, representations and acknowledgements

You represent and warrant to the company that at all times during the term(s) of this agreement that you are lawfully and duly authorised to sell or lease any and all properties or developments that you list or cause to be listed using the service.
You acknowledge and agree that in consideration for the grant to you of a right to utilise the service (including by uploading user data) and the other services provided to you:
1. you grant to the company an irrevocable, perpetual, world-wide, royalty free licence to commercialise, copy, licence to other persons, use and adapt for any purpose related to our business any content or material or user data you provide to us, and this licence survives termination of this agreement by you or the company;
2. the company may, at its sole and absolute discretion, remove or amend some or all of your listings including by reason that the user data or any part of it contravenes any law or infringes any right, or has the capacity to damage the company in any way.
You acknowledge and agree that you are solely responsible for the accuracy or otherwise of the content of the user data and any listings published on the platform and any errors or omissions in them, and that the company’s role is merely one of publisher not having any such responsibility.
The company agrees to use its best endeavours to provide you with continuous and fault-free operation of the website and the other services provided, however it does not make any guarantee that it will do so.
Nothing in this agreement imports or imposes any obligation of good faith or commercial good faith on the company.
You authorise the company to contact you or your employees via phone, email, text message, push notifications and other electronic media, including without providing any unsubscribe facility, to the extent permitted by law.
You must not allow other person (including, for the avoidance of doubt, any corporate entity) to use the service, including list any user data or information on the platform.

Termination or suspension

Without limiting any rights or entitlements of the company, the company may immediately terminate this agreement or suspend or temporarily remove any of your listings or any part of the user data from the platform if:
1. you fail to pay for the services within the time limited by this agreement or other such time limited by the company (time being of the essence in all respects);
2. any of your warranties or representations are, in the absolute discretion of the company, considered by it to be false or incorrect;
3. you are in breach of any of your obligations under this agreement;
4. you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent; or
5. you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
In the event that the company exercises its right to suspend or temporarily remove your listings or any part of the user data from the platform, you remain liable for all fees until the termination or expiration of this agreement.
Termination of this agreement or suspension or temporary removal of listings does not:
1. relieve you of your liability to pay fees up to the expiration of the term (and the calculation of the term is not suspended);
2. relieve you of your accrued obligations and liabilities pursuant to this agreement which may be enforced before or after termination; or
3. waive any accrued rights of the company in respect of any breach of this agreement by either party.
The company may, at is sole and absolute discretion for any reason at all, determine not to enter into a new agreement or new term with you.

Credit

You acknowledge and agree that the company may at any time:
1. obtain from a credit reporting agency, a credit report containing personal credit information about you or your directors and officers, in relation to any commercial credit the company provides or considers providing to you;
2. receive from a credit reporting agency, a credit report containing personal information about you or your directors and officers in relation to overdue payments;
3. give information to, or seek information from, any credit provider named in a credit report issued by a credit reporting agency, and any existing, previous or future supplier of goods to your or any associated entity and such information may include details of your (or associated entities’) credit arrangements, credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other; and
4. in circumstances where it requests a director’s guarantee to secure the repayment of any amount you owe to it from time to time, you also grant the company a charge over any present and after-acquired real and personal property you possess now or in the future either solely or jointly.

Limitation of liability

To the extent permitted by law the company:
1. excludes all conditions, warranties and guarantees implied into this agreement;
2. excludes liability for consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits); and
3. limits its liability for breach of any consumer guarantee, condition or warranty that cannot be excluded to resupplying the relevant service or paying the cost of having the relevant service resupplied.
The company is not liable under this agreement or in negligence to the extent that liability is caused by:
1. your breach of terms or obligations under this agreement or negligent act or omission; or
2. any delay in performance or breach of this agreement by the company which arises as a result of any matter reasonably beyond its control (including without limitation, by reason of viruses, other defects or failure of the server hosting the platform).
You fully indemnify the company and its officers, employees and agents against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those so indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any content or material or user data uploaded or submitted by you in connection with this agreement or any other act or omission by you in connection with your use of the platform or the services.
Each indemnity in this agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this agreement for whatever reason.
You acknowledge and agree that any information on or in the platform is not professional legal, financial or real estate advice, and you rely on it at your sole risk.
The company makes no warranty or representation as to the accuracy or reliability of the information contained on its platform (including, but not limited to, any content or information generated on the platform by or on behalf of the company, or any other person’s content or information).
The company and its related entities, directors, officers, and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any person by their or its reliance on anything contained in or omitted from the platform or publications of the company or its associated entities, directors, officers, and agents.
Notwithstanding anything to the contrary stated herein:
1. the company is not liable to you or any person for any loss or damage directly or indirectly suffered under or in relation to this agreement or any modification of it, or in relation to any representation made inducing you to enter such agreements, or in relation to any user data or any aspect of the platform or any information on or in it including any information of any third party; and
2. the total and aggregate liability of the company and its associated entities, directors, officers, and agents, to you in respect of any cause of action whatsoever and regardless of the form of action or legal process (including the costs and disbursements thereof howsoever awarded), will at all times be limited to $100.00.

Assignment

This Agreement must not be assigned without the prior written consent of the company, which may be withheld for any reason.
The company may assign this agreement at any time for any reason.

Notices

The company may send all notices and other communications to you at the email address and/or facsimile number you have provided to us. It is your sole responsibility to ensure that you provide the company with your current contact email address and/or facsimile number.
All notices from you to us (including termination notices) must only be sent to the address provided to you by the company from time to time.

General provisions

No delay or failure by the company to enforce any provision of this agreement is a waiver or election or creates a precedent or course of dealing, and no waiver or election by the company is effective unless it is in writing and signed by its duly authorised officers in accordance with s.127 of the Corporations Act 2001.
If any term of this agreement is void, unenforceable or illegal, that term is severed. The remainder of this agreement has full force and effect.
The company’s rights and remedies provided in this agreement are in addition to other rights and remedies given by law and equity independently of this agreement.

Entire Agreement

This agreement is the entire agreement between us about its subject matter and supersedes all prior agreements and undertakings between us.

Jurisdiction

Your use of the platform, these terms, and all of our dealings are governed by and construed in accordance with the laws of Tasmania, Australia and by using the platform you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

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