Terms of Use - Open House ID
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Terms of Use

Welcome and thank you for visiting the Open House ID website.
Please review the following basic terms, conditions and guidelines that apply to the use of this website and/or application. These terms and conditions are provided for the information and protection of all parties and to ensure that our customers are fully informed regarding all aspects of the website & application and its operations. Your use of the Open House ID website and App constitutes your acceptance of the ‘Terms of Use’, which may, from time-to-time, be varied at our discretion.

Who We Are

Open House ID Pty Ltd ACN: 164 487 969

PO Box 60, Dulwich Hill NSW 2203

info@openhouseid.com.au

Definitions

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.

Modifications

Please check this Agreement periodically for changes as we reserve the right to modify these Terms of Use and any policies affecting the website and/or application, effective as at the posting of the changes or new terms on the website and/or application at the time. In the event of a change to this Agreement, your continued use of this website and/or application following the posting of any changes constitutes acceptance of such changes. We reserve the right to terminate a User’s use of this website and/or application at any time without notice and may do so for any breach of this Agreement.

As long as you comply with these Terms of Use, Open House ID grants you a personal, non-exclusive, non-transferable, limited licence to enter and use the website and/or application.

Purpose

The purpose of our website and application is to capture the details, data and trends of visitors to open houses for rental and sale of properties without having to use a manual system of collecting the details and data. Open House ID has a mobile CRM (customer relationship management) to manage all those contacts as well as the properties which is also available on the web. Open House ID will make the process of visiting open house property inspections faster and more efficient. Subject to the terms of our Privacy Policy details and data may be provided to third parties who may be of service to you.

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.

Except as expressly provided in these Terms of Use, no part of the website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, communicated to the public or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

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 Stripe or 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.
You may not use the website or application or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.

Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website or application, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the website or application or for any service offered on or through the website or application, the latter terms shall control with respect to your use of that portion of the website or application or the specific service.

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 we make no commitment to update the materials on the website or application with respect to such products and services.

All products include GST (goods & services tax).

Subscriptions

Open House ID does not offer any refunds on subscriptions with a trial offer.  It is your responsibility to cancel your subscription if you do not wish to go ahead after the trial period.  Links to cancel are in your Dashboard on the web or contact support@openhouseid.com.au to cancel.

Subscriptions via Affiliate Links

If you have subscribed to Open House ID via an affiliate link, you have agreed to pay the yearly fee.  Open House ID will not offer any refund on affiliate products with a trial offer.  It is your responsibility to cancel your subscription if you do not wish to go ahead after the trial period.  Links to cancel are in your Dashboard on the web or contact support@openhouseid.com.au to cancel.

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.

Privacy

Open House ID’s Privacy Policy applies to use of this website and application, and its terms are made a part of these Terms of Use by this reference. To view Open House ID’s Privacy Policy, click here. Please note the Open House ID’s Privacy Policy was updated in May 2014.
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

The website and application may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we have not reviewed the content of all Linked Sites, are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites or their Terms of Use. These Linked Sites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our website and application, including their Privacy Policies.

Disclaimers

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,

  1. You assume full responsibility and risk of loss resulting from your use of the website and application and any Content.
  2. 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.
  3. 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.

Indemnity

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.

Violation of These Terms of Use

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 acknowledge and agree that we may preserve any transmittal or communication by you with us through the website and/or application or any service offered on or through the website and/or application, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the website and/or application, and the public.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or application and/or block your future access to the website and/or application if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the website and/or application. You also agree that any violation by you of these Terms of Use will constitute a breach of the Terms of Use, and may cause irreparable harm to us, for which monetary damages may be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

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.
If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the website and/or application as a result of any violation of these Terms of Use.

Governing Law

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.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and us with regard to your use of the website and/or application, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. We will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms of Use, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

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 © 2017 Open House ID Pty. Ltd. All rights reserved. Open House ID PO Box 60 Dulwich Hill NSW 2203 Australia

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