1. General
1.1. Acceptance of these Terms
These Terms apply to any individual or business (you or your) who views, accesses or uses the Platform operated by MyHomii Pty Ltd ABN 12 692 314 515 (myhomii). By ticking the box and creating a user account on the Platform (Account), you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not accept these Terms, you must immediately cease use of the Platform.
1.2. Use Period
These Terms are effective from the date you accept these Terms and continue until it is terminated under clause 2.3(c)(i) (Use Period).
1.3. Changes to Terms
myhomii may review and update these Terms from time to time. We will publish any updated Terms on the Platform and use reasonable efforts to notify you at least 14 days before making any changes to the Terms that materially affect your rights and obligations. If you continue to use the Platform after we publish the updated Terms, you agree to be bound by the updated Terms.
If you do not agree with the updated Terms, you may deactivate your Account at any time and terminate these Terms.
2. Accounts
2.1. Creating your Account
(a) In order to access any of the features of the Platform, you will need to create an Account. You may create and register an Account by following the process within the Platform.
(b) The Platform is intended solely for users who are 18 years of age or older. You must not create an Account if you are under the age of 18.
(c) By creating an Account, you represent and warrant that:
(i) all information you submit when you create your Account and associated with your Account is and will remain accurate, current and complete;
(ii) you have all the necessary ownership or licence rights, consents, approvals or permissions to upload Your Content to the Platform, and to grant the rights under clause 5.2;
(iii) you have taken reasonable steps to verify the accuracy, integrity and reliability of Your Content; and
(iv) you will comply with all applicable Laws in connection with your access to or use of the Platform.
2.2. Responsibility for Account
You:
(a) must use the Platform strictly in accordance with these Terms and are responsible for all activity that occurs on or through your Account (whether authorised or unauthorised);
(b) are responsible for ensuring all Login Credentials are:
(i) used only by you (ie not shared with anyone else); and
(ii) kept secure and confidential; and
(c) must promptly notify myhomii of any unauthorised use or disclosure of your Login Credentials, or any actual or potential breaches of security which may affect you or your access to Platform.
2.3. Deactivation
(a) You may deactivate your Account at any time by following the process set out in the Platform or Documentation.
(b) We may terminate your access to the Platform and deactivate your Account:
(i) upon providing you reasonable prior notice, if we identify that your Account has been inactive for 12 months;
(ii) for any reason, by providing you 30 days' prior written notice;
(iii) immediately upon notice if:
(A) you have breached these Terms and the breach is not capable of remedy, or you have not rectified the breach within 7 days of receiving notice from us identifying the breach and requesting you to remedy the breach;
(B) required by Law;
(C) myhomii suffers an Insolvency Event; or
(D) the provision of the Platform is (in myhomii's opinion) no longer commercially viable.
(c) Once your Account has been deactivated:
(i) these Terms automatically and immediately terminate;
(ii) your access to the Platform ceases and the rights granted to you at clause 3.1 are immediately revoked;
(iii) your Account and your Content (including back-up copies) will be permanently deleted within 30 days of deactivation, and you may not reactivate the same Account.
3. Access to the Platform
3.1. Access to Platform
Subject to your compliance with these Terms, myhomii grants you a non-exclusive, revocable, nontransferable right to access and use the Platform during the Use Period for personal use and strictly in accordance with these Terms. You may also download and install the mobile version of the Platform onto a Compatible Device.
3.2. AI Features
(a) You have access to AI Features within the Platform.
(b) You acknowledge and agree that the AI Features are owned by myhomii's third party service providers, and while myhomii has taken reasonably practicable steps to ensure that the functionality of the AI Features and quality of the AI Outputs are (in its sole discretion) suitable for the Platform:
(i) myhomii makes no guarantee, warranty or representation:
(A) that the AI Features will operate or function without errors, hallucinations or interruption;
(B) in respect of the reliability, accuracy or completeness of the AI Outputs; or
(C) that the AI Outputs will not infringe a third party's Intellectual Property Rights; and (ii) you accept all risk and liability in respect of your use of the AI Features and AI Outputs.
3.3. Availability
(a) myhomii will use its best endeavours to provide access to the Platform on a continuous basis during the Use Period (with the exception of unavailability caused by events described in clause 3.3(b) and 3.4 below) and (if requested) provide limited helpdesk support.
(b) You acknowledge and agree that:
(i) access to the Platform may occasionally be limited due to Scheduled Maintenance;
(ii) access to the Platform is reliant upon various factors outside of myhomii's control, including without limitation:
(A) events of Exceptional Circumstance;
(B) the outage of any third-party provider’s software or infrastructure upon which myhomii’s Platform is reliant; or
(C) your internet service provider, telecommunications provider or equipment used to access the Platform.
While myhomii will use reasonable endeavours to ensure you have continuous access to the Platform in accordance with clause 3.3(a), myhomii will not be Liable to you or any other person for any Claim or to any other extent for Loss or damage caused by such factors.
(c) Except as expressly provided in these Terms or otherwise agreed in writing, myhomii makes no representation, guarantee or warranty, and has no obligation to you to ensure the Platform is:
(i) free of errors, defects or vulnerabilities;
(ii) available for use at any given time; or
(iii) compatible with any infrastructure, IT systems, websites, webpages or web content (including add-ons and widgets) you choose to access the Platform.
3.4. Suspension
(a) myhomii may temporarily suspend (in part or whole) your access to the Platform if:
(i) there is a malfunction, fault or breakdown of any of myhomii’s systems or if myhomii is required to undertake repair, maintenance or service of any part of the Platform;
(ii) myhomii is required by Law to do so;
(iii) an event of Exceptional Circumstance occurs, which affects or may affect myhomii’s ability to provide the Platform;
(iv) there is a Claim made that you have infringed the rights of any person in connection with your use of the Platform;
(v) there is a Claim made that exposes myhomii to Liability or prosecution for an offence or Liability to a statutory prosecution arising from your conduct or the conduct of anyone using your Account;
(vi) myhomii determines you are in breach of these Terms;
(vii) myhomii determines that your Login Credentials or Account have been accessed or used by an unauthorised third party;
(b) Suspension in accordance with clause 3.4 will not affect any right which accrue prior to, or after, suspension of myhomii’s obligations under these Terms.
3.5. Changes to Platform
(a) myhomii may make changes to the Platform at any time (including any Platform Enhancements), and will use reasonable efforts to notify you (either through a notification within the Platform or by email) of any changes that materially affect your use of the Platform or result in a material degradation of the functionality of the Platform. If you do not agree to any proposed change to the Platform, you may deactivate your Account and any time and terminate these Terms in accordance with clause 2.3(a).
(b) Platform Enhancements may require you to manually download and install those updates on the Compatible Devices. Failure to install such updates may result in unavailability of all or parts of the Platform and accordingly, myhomii is not liable for any Loss, Claim or Liability you incur arising from or relating to such failure or your use of previous versions of the Platform (or any part of the Platform).
4. Use of the Platform
4.1. Disclaimers and limitations
In using the Platform, you acknowledge and agree that:
(a) you use and rely on the Platform and Outputs in your sole discretion;
(b) you are responsible for determining whether the Platform and Outputs are fit for your intended purposes;
(c) the Platform is provided to assist you with compiling information and materials relevant to your property search, however:
(i) myhomii does not provide any substantive real estate services (such as, property advisory, mortgage brokering, property management) or act as your agent or otherwise on your behalf in respect of any transactions;
(ii) myhomii does not act or provide any services on behalf of, nor have any sponsorships in place with, any real estate agents;
(iii) the Platform does not assist you with, or otherwise improve your prospects in respect of, a purchase or sale of property or other similar transactions;
(iv) myhomii has no obligation to verify the accuracy, integrity or reliability of the data or content you or other users make available on the Platform;
(v) the Platform does not operate as a property search database;
(vi) you must exercise your own judgement in respect of, and are liable for, any property transactions; and
(d) the Platform is provided on an "as-is" basis and unless expressly specified in these Terms, myhomii makes no warranty, guarantee or representation that the Platform or Outputs will be error-free, secure, complete, accurate, up to date, uninterrupted or be free of any other defects, and accordingly, myhomii will not be Liable in any way for, and is released from, any Loss or Claim arising from any such defects in the Platform or Outputs, or from your reliance on the Platform or Outputs.
4.2. Restrictions of use
In using the Platform, you must not (and must not allow, enable or permit any other person to):
(a) breach or circumvent any Laws, agreements with third parties, third party rights or these Terms;
(b) reproduce, adapt, duplicate, rent, copy, sell, trade, resell, distribute or exploit any part of the Platform;
(c) use the Platform to create, develop or provide a similar or competing product or service;
(d) act in any manner that is unlawful or illegal, that violates another person’s or entity’s rights (including Intellectual Property Rights, confidentiality rights and privacy rights) or that is fraudulent, false, misleading, or deceptive;
(e) use the Platform for any commercial or other purposes that are not expressly permitted by these Terms;
(f) menace, harass, offend or cause annoyance to any person, or otherwise engage in any abusive or disruptive behaviour;
(g) upload or submit any unlawful, improper, or offensive content, information or materials, including (without limitation) any sexually explicit or suggestive content, content promoting or offering any illicit substances, or any hateful or discriminatory content;
(h) use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
(i) promote or facilitate violence or terrorist activities;
(j) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from the Platform for any purpose;
(k) distribute computer viruses, worms, Trojan horses or other malicious code;
(l) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by myhomii to protect the Platform;
(m) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source or object code used to provide Platform;
(n) do any act or omit to do any act that damages or has the potential to damage myhomii, its reputation or goodwill in any of its Intellectual Property Rights, including (without limitation) by using myhomii's trade marks to promote third party products or services; or
(o) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of Platform,
unless expressly authorised in writing by myhomii.
5. Intellectual Property Rights and Content
5.1. MyHomii IP and MyHomii Content
(a) No rights of ownership to MyHomii IP or MyHomii Content are transferred under these Terms, and all such rights remain with myhomii.
(b) To the extent that any MyHomii IP or MyHomii Content is comprised in the Outputs, myhomii grants to you a non-exclusive, royalty-free licence to use such Intellectual Property Rights and content strictly to the extent required to use the Outputs as permitted at clause 5.3(b).
5.2. Your Background IP and Your Content
(a) You grant myhomii a non-exclusive, non-transferable, royalty-free licence to use Your Background IP and Your Content during the Use Period so that we may:
(i) provide you with and administer the Platform, and perform our obligations under these Terms;
(ii) protect, improve and develop the Platform and myhomii's associated business; and
(iii) use de-identified or aggregated forms of Your Content for analysis and statistics.
(b) To the extent that any Personal Information is comprised in Your Content, myhomii will use that information in accordance with myhomii's privacy policy.
(c) If we receive any Claim by a third-party alleging that our use of Your Content or Your Background IP in accordance with these Terms, infringes the Intellectual Property Rights of that third-party, you must (if requested by myhomii and without limiting your indemnity obligations at clause 8) procure the necessary licences, authorisations, permissions, consents, waivers, or other requirements to enable myhomii to use such content or Intellectual Property Rights in accordance with, and as contemplated under, these Terms.
5.3. New IP and Outputs
(a) Upon creation, all right, title and interest in and to the New IP will be owned by, and (to the extent any right, title or interests vests in you upon creation) is assigned by you to myhomii.
(b) myhomii grants to you a non-exclusive, non-transferable, royalty-free right to use, re-use, modify and publish the Outputs during the Use Period for personal use within the Platform only. The rights granted to you under this clause 5.3(b) do not include any right for you to export, download, transfer, copy or otherwise use the Outputs outside the Platform environment.
5.4. Prohibited activities
In using the MyHomii IP, New IP or MyHomii Content, you must not: (a) use the MyHomii IP, New IP or MyHomii Content other than as permitted under these Terms;
(b) do, or permit, or omit to do, any act which infringes myhomii's Intellectual Property Rights; or
(c) take any action which would or might invalidate or put in dispute myhomii's rights in, or title to, the MyHomii IP, New IP or MyHomii Content.
5.5. Publicity
(a) We may use de-identified and aggregated forms of Your Content for promotional and marketing purposes.
(b) You may not use any of myhomii's trade marks, trade names or brand assets for promotional or marketing purposes without myhomii's prior written consent.
6. Third Party Content
6.1. Third Party Content
To the extent that any Third-Party Content is accessible through the Platform, you understand and agree that:
(a) myhomii does not make any representations, guarantees or warranties in respect of the Third Party Content, including without limitation, any representations, guarantees or warranties that:
(i) your use of the Third Party Content will not infringe third-party Intellectual Property Rights; or
(ii) the Third Party Content is secure will operate or function without any errors or interruptions; and
(b) no right, title or interest in and to the Third Party Content (including the Intellectual Property Rights subsisting in such content) is transferred to you under these Terms.
6.2. Third-party links
The Platform may contain links to websites and other online resources operated by third parties (including other users). You acknowledge and agree that myhomii does not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party, or the privacy practices of any third party. Links to third party websites and resources do not constitute an endorsement by myhomii of the third party's products or services.
7. Liability
7.1. Exclusion of Liability
To the extent permitted by Law, in no event will either party be Liable for Consequential Loss.
7.2. Implied terms
(a) To the full extent permitted by Law, any term which would otherwise be implied into these Terms is excluded.
(b) In the event any Law implies or imposes terms into these Terms which cannot be lawfully excluded, such terms will apply, except that the Liability of myhomii for breach of any such term will be limited in accordance with clause 7.3.
7.3. Limitation of Liability
If myhomii is found Liable in connection with these Terms, then to the full extent permitted by applicable Law, myhomii's Liability is limited (at the option of myhomii) to any one or more of the following:
(a) re-supplying services to which the Liability relates or the supply of equivalent services; or
(b) reimbursing you for paying someone else to supply the services to which the Liability relates,
and provided that myhomii's total Liability (whether arising under contract, tort (including negligence) or otherwise) does not exceed the amount of $50.
7.4. Proportionate reduction
A party’s liability under these Terms will be reduced to the extent that the relevant Loss was caused or contributed to by the negligence or unlawful act or omission of the other party or its officer’s employees, agents or representatives.
8. Indemnity
You indemnify myhomii (and its Personnel) and will keep indemnified and hold myhomii (and its Personnel) harmless, against any Claims or Loss incurred by myhomii in connection with these Terms, arising from or in relation to:
(a) Your Content;
(b) your use of the Platform or MyHomii Content in contravention of these Terms;
(c) an infringement of a third party's Intellectual Property Right caused or contributed to by you or your use of the Platform; or
(d) any fraud or wilful misconduct by you.
9. Miscellaneous
9.1. Notices The parties may give each other notice under these Terms by email, at the address details specified below or otherwise notified to the other party from time to time. Any notice or other communication to or by any party must be in writing and in the English language.
myhomii Email: hii@myhomii.com.au
You The email specified in your Account
9.2. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
9.3. Exercise rights
A single or partial exercise or waiver by a party of any right under or relating to these Terms will not prevent any other exercise of that right or the exercise of any other right.
9.4. Consequences of termination
(a) The following clauses survive termination of these Terms: clauses 2.3(c), 3.2(b), 3.5(b), 4.1, 6, 7, 8 and this clause 9.4.
(b) Termination will not prejudice or affect any right or action which has accrued or will thereafter accrue to either party.
9.5. Merger
If the liability of a party to pay money under these Terms becomes merged in any deed, judgment, order or other thing, the party liable must pay interest on the amount owing from time to time under that deed, judgment, order or other thing at the higher of the rate payable under these Terms and that fixed by or payable under that deed, judgment, order or other thing.
9.6. Moratorium legislation
Any law which varies prevents or prejudicially affects the exercise by a party of any right, power or remedy conferred on it under these Terms is excluded to the extent permitted by law.
9.7. Assignment
(a) You must not assign, transfer or novate any of your rights or obligations (including your account) under or relating to these Terms.
(b) myhomii can assign its obligations in these Terms by providing you with 30 days' prior written notice of such assignment.
9.8. Remedies cumulative
The rights and remedies under these Terms are cumulative and not exclusive of any rights or remedies provided by Law.
9.9. Severability
If a provision of these Terms is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
9.10. Further assurance
Each party must promptly at its own cost do all things (including executing and delivering all documents) necessary or desirable to give full effect to these Terms and the transactions contemplated by it.
9.11. Costs
Each party is responsible for all its own costs incurred in the negotiation and performance of these Terms including legal costs.
9.12. Waiver
(a) A party’s waiver of a right under or relating to these Terms, whether prospectively or retrospectively, is not effective unless it is in writing and signed by that party.
(b) No other act, omission or delay by a party will constitute a waiver of a right.
9.13. Whole agreement
These Terms:
(a) are the entire agreement and understanding between the parties relating to the subject matter of these Terms; and
(b) supersedes any prior agreement, representation (written or oral) or understanding on anything connected with that subject matter.
10. Definitions and interpretation
10.1. Definitions
In these Terms: Account has the meaning in clause 1.1;
AI Features means the features, functionalities or components available on the Platform that use or is powered by machine learning, natural language processing or artificial intelligence capabilities, including generative artificial intelligence models;
AI Outputs means any outputs derived from, or generated, using AI Features;
Claim means, in relation to a person, any action, allegation, claim, demand, judgment, liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether:
(a) it is present, unascertained, immediate, future or contingent;
(b) it is based in contract, tort, statute or otherwise; or
(c) it involves a third party or a party to these Terms;
Consequential Loss means any of the following: loss of revenue; loss of profits; loss of opportunity to make profits; loss of business; loss of business opportunity; loss of use or amenity, or loss of anticipated savings; loss of data; special, exemplary or punitive damages; and any loss which does not directly and naturally flow in the normal course of events from the occurrence of the event giving rise to the liability for such loss, whether or not such loss was in the contemplation of the parties at the time of entry into these Terms, including any of the above types of loss arising from an interruption to a business or activity;
Compatible Device means any device on which the Platform may be used, as recommended on the Website or Documentation;
Documentation means any user manuals, instructions or support information supplied by myhomii for use of the Platform, together with any revisions myhomii may publish on the Website or otherwise from time to time;
Exceptional Circumstance means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms. Such circumstances include:
(a) adverse changes in government regulations;
(b) any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;
(c) acts of war, acts of public enemies, terrorism, riots, civil commotion, epidemics, pandemics, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;
(d) strikes or industrial disputes; and
(e) acts or omissions of any third party network providers (such as internet, telephony or power provider);
Insolvency Event means an event of bankruptcy or insolvency, an assignment for the benefit of creditors, the appointment of a receiver, receiver and manager, provisional liquidator, liquidator and official manager or any similar person to any assets of a person, a failure to comply with a statutory demand, or anything else which occurs which is analogous or has a substantially similar effect, under the laws of any jurisdiction, or the person is otherwise insolvent or unable to pay its debts as and when they fall due;
Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, designs, trade marks, know-how, confidential information, patents, inventions, and all other intellectual property as defined in Article 2 of the convention establishing the World Intellectual Property Organisation 1967;
Law means any statute, rule, regulation, proclamation, order in council, ordinance, local law or by-law, whether:
(a) present or future; or
(b) State, federal or otherwise;
Liability means any liability, debt or obligation, whether actual, contingent or prospective, present or future, qualified or unqualified or incurred jointly or severally with any other person, and Liable has the corresponding meaning;
Login Credentials means an individual’s username, password, access key or code, or any other information required by an individual to access the Platform;
Loss means any loss (including Consequential Loss), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise;
Material means property, information, software, firmware, documented methodology or process, documentation or other material in whatever form, including any reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any category of Intellectual Property Rights;
MyHomii IP means all Intellectual Property Rights of myhomii created or developed prior to or independently these Terms or the provision of Platform by myhomii to you, including such Intellectual Property Rights subsisting in the Platform and MyHomii Content;
MyHomii Content means all data, databases, information, Materials, templates, layouts and other data made available by myhomii through the Platform, other than the Outputs, User Content and Your Content;
New IP means all Intellectual Property Rights created or developed during the Term, in the course of, or in connection with these Terms, including (without limitation) all Intellectual Property Rights in the Platform Enhancements and Outputs;
Outputs means reports, summaries, diagrams or other content generated by the Platform as a result of your use of the Platform (other than Your Content), and includes the AI Outputs;
Personal Information has the meaning given to that term (or an equivalent term) in the applicable Privacy Law;
Personnel means a party's employees, officers, agents, contractors and authorised representatives;
Platform:
(a) means the 'MyHomii' software application owned by myhomii at the time these Terms are accepted, as may be modified, developed or enhanced by myhomii from time to time (including any corrections or fixes) and which is available as:
(i) an online web application; or
(ii) a downloadable mobile application; and
(b) includes all Platform Enhancements;
Platform Enhancements means:
(a) all enhancements, upgrades, improvements or modifications to the Platform; and
(b) any and all Intellectual Property Rights in those assets listed in paragraph (a).
Scheduled Maintenance means ongoing preventative maintenance (including but not limited to security patches) or emergency maintenance in relation to any software used, or relied upon, to provide the Platform;
Terms means these terms and conditions;
Third Party Content means any products, services or materials owned or supplied by a third party to these Terms, but excludes the User Content;
User Content means any information, content, documents or Materials provided or uploaded to the Platform by other users of the Platform, but excludes Your Content;
Website means the website available at https://myhomii.com.au;
Your Background IP means Intellectual Property Rights you hold, create or develop prior to or independently of these Terms or the provision of Platform by myhomii to you; and
Your Content means any information, content, documents or Materials you provide or upload to the Platform (other than the MyHomii Content).
10.2. Interpretation
(a) Unless the contrary intention appears, a reference in these Terms to:
(i) these Terms or another document includes any variation or replacement of it despite any change in the identity of the parties;
(ii) the singular includes the plural and the plural includes the singular;
(iii) a person, partnership, corporation, trust, association, joint venture, unincorporated body, government body or other entity includes any other of them;
(iv) an item, recital, clause, subclause, paragraph, schedule or attachment is to an item, recital, clause, subclause, paragraph of, or schedule or attachment to, these Terms and a reference to these Terms includes any schedule or attachment;
(v) a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
(vi) any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
(vii) money is to Australian dollars (AUD) unless otherwise specified; and
(viii) a time is a reference to Brisbane, Australia time unless otherwise specified.
(b) The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
(c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(d) Headings and any table of contents or index are for convenience only and do not affect the interpretation of these Terms.
(e) A provision of these Terms must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of these Terms or the inclusion of the provision in these Terms.