Terms & Conditions
Welcome and thank you for visiting the Open House ID website.
Who We Are
Open House ID Pty Ltd ACN: 164 487 969
PO Box 60, Dulwich Hill NSW 2203
The terms "we" and "us" as used herein refer to Open House Pty Ltd.The terms "you" and "User" as used herein refer to all individuals and/or entities accessing this website and/or application for any reason.
Content and Intellectual Property Rights
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the website and application is owned, controlled or licensed by or to us, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and competition laws.
All rights not expressly granted herein are fully reserved by advertisers, our licensors and us. You agree to pay for any and all purchases and services using your name and PayPal through this website and application, not to challenge any such charges and to pay for all collections and/or legal fees resulting from any non-payment.
Your Use of the Website and/or Application
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials or Content from this website or application. Systematic retrieval of data or other content from this website or application to create or compile, directly or indirectly, a collection, database or directory without written permission from us is prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in this Agreement is prohibited.
We reserve the right to bar any such activity and/or User.
You may not attempt to gain unauthorized access to any portion or feature of the website or application, or any other systems or networks connected to the website or application or to any Open House ID server, or to any of the services offered on or through the website or application, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the website or application or any network connected to the website or application, nor breach the security or authentication measures on the website or application or any network connected to the website or application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website or application, including any Open House ID account not owned by you, to its source, or exploit the website or application or any service or information made available or offered by or through the website or application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website or application.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or application or any transaction being conducted on the website or application, or with any other person's use of the website or application.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or application or any service offered on or through the website or application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Our obligations, if any, with regard to products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website or application should be construed to alter such agreements.
We may make changes to any products or services offered on the website or application, or to the applicable prices for any such products or services, at any time, without notice. The materials on the website or application with respect to products and services may be out of date, and wemake no commitment to update the materials on the website or application with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the website or application may require you to open an account (including setting up an Open House ID username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the website or application due to someone else using your Open House ID password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's Open House ID password or account at any time without the express permission and consent of the holder of that Open House ID password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Additionally, by using the website or application, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website and application may be read or intercepted by others.
Links to Other Sites
OPEN HOUSE ID DOES NOT PROMISE THAT THE WEBSITE AND APPLICATION OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE AND/OR APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE AND APPLICATION WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND APPLICATION AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE AND APPLICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE AND APPLICATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES TO THE EXTENT PERMISSIBLE BY LAW, WE DISCLAIM (TO THE FULL EXTENT PERMITTED BY LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM (TO THE FULL EXTENT COVERED PERMITTED BY LAW) ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND APPLICATION AND/OR ANY OF OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND APPLICATION AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OPEN HOUSE ID FOR DISSATISFACTION WITH THE WEBSITE AND APPLICATION OR ANY CONTENT IS TO STOP USING THE WEBSITE AND/OR APPLICATION OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the website and application, or any portion of the website and application, for any reason; (2) to modify or change the website and application, or any portion of the website and application, and any applicable policies or terms; and (3) to interrupt the operation of the website and application, or any portion of the website and application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
To the full extent permitted by law,
- You assume full responsibility and risk of loss resulting from your use of the website and application and any Content.
- Under no circumstances shall we or any of our directors, officers, employees or representatives be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
- In any event, the total liability of us and our directors, officers, employees and representatives is limited to the greater of (1) the total, or (2) AUD$100.00, and you hereby release us and our directors, officers, employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party due to or arising out of or in connection with your use of the website and application.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website and/or application, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the website and application, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or application, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the website and/or application or any service offered on or through the website and/or application, or (4) unexpected technical issues or problems.
You agree that the terms of this Agreement will be governed and construed and litigated in and in accordance with the laws of the State of New South Wales, Australia.
Feedback and Information
Any feedback you provide at this website and/or application shall be deemed to be non-confidential. Open House ID shall be free to use such information on an unrestricted basis.
The information contained in this website and/or application is subject to change without notice. Copyright © 2014 Open House ID Pty. Ltd. All rights reserved. Open House ID PO Box 60 Dulwich Hill NSW 2203 Australia