Website terms and conditions of use

Home Trades Hub Australia Pty Limited (ACN 643 191 673) (HTHA us, we, our) operates the Home Trades Hub Australia and the Rapid Building Inspections websites. A reference to the (‘Website’) in these Terms means either or both of these websites and a reference to ‘HTHA’, ‘us’, ‘we’ or ‘our’ means Rapid Building Inspections Pty Ltd (ABN 75 614 843 131) with regard to the Rapid Building Inspections website.

1. Conditions of Use

1.1. Your use of the Website is governed by these terms and conditions ('Terms').

1.2. By participating and continuing to use the Website you indicate your consent and agreement to these Terms..

2. Copyright, Trademarks and other Intellectual Property

2.1. What you can do: All the material on the Website is subject to the copyright of HTHA or its third party licensors. You must not reproduce any of the material contained on the Website except that you may:

2.1.1. download a copy of the Website to the local hard drive of the computer used to access the site; and

2.1.2. print extracts (hard copies) of the Website, but only for your personal use.

2.2. What you cannot do:

2.2.1. copy , reproduce, alter, modify or display in public any of the material on the Website or otherwise incorporate into or store in any other websites, electronic retrieval system, publication or other work in any form; or

2.2.2. provide a link to the Website from another website without our prior written consent.

2.3. Various trademarks may be displayed on the Website from time to time. These may belong to HTHA or to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on the Website, without the express written permission of the relevant owner.

3. Conduct

3.1. You must not use the Website for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations and codes of conduct.

3.2. In particular, you agree not to:

3.2.1. use the Website for any other purpose, other than as a legitimate customer or for a non-commercial purpose;

3.2.2. use the Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;

3.2.3. publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

3.2.4. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;

3.2.5. impersonate any person or entity; or

3.2.6. upload, post, email, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

3.2.7. do anything which might disrupt access to or cause damage to or interference with the Website, including using ‘robots’ or other automated ‘form completion’ tools;

3.2.8. take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas connected with the Website and software.

3.3. We retain the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

4. Access

4.1. We make no representation in relation to and does not warrant that functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

4.2. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

5. Privacy

5.1. Use of any personal data that you provide to us is governed by our Privacy Policy.

6. Advertising

6.1. Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on the Website, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any advertising material published on the Website.

7. Linking to the Website

7.1. If you wish to establish a link to the Website you must contact us and provide the following information:

7.1.1. the URL of the Website that you seek to establish a link from;

7.1.2. a brief description of your website; and

7.1.3. the reason that you wish to establish a link.

7.2. If we agree to your proposed link, you must comply with any terms and conditions we impose as a condition of such agreement. If the nature and/or content of your Website changes in any significant way, you must contact us and provide a new description of your Website.

8. Disclaimers

8.1. The information contained on the Website is for general information purposes only. You must not rely on any statement contained in the Website without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on the Website, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.

8.2. In particular, we make no representations or warranties and exclude all liability:

8.2.1. in relation to any of the material of the Website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);

8.2.2. in relation to any material of any other websites referred to or accessed by a hyperlink through the Website ('Third Party Websites'). We do not endorse or approve the material of any Third Party Website, nor will we have any liability in connection with any Third Party Website howsoever arising; or

8.2.3. that the Website or any of its material is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using the Website.

9. Liability and indemnity

9.1. You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on the Website.

9.2. We do not exclude any rights and remedies available to you in terms of the Australian Competition and Consumer Law (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the Website which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.

9.3. To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:

9.3.1. in the case of services supplied or offered by us:

a) the re-supply of those services; or

b) the payment of the cost of having those services re-supplied; and

9.3.2. in the case of goods supplied or offered by us:

a) the replacement of the goods or the supply of equivalent goods; or

b) the repair of the goods;

c) the payment of the cost of having the goods replaced; or

d) the payment of the cost of having the goods repaired.

9.4. You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:

9.4.1. the use of or access to, or any inability to use or access, the Website or any material on the Website;

9.4.2. unauthorised access to or alterations of your transmissions or data; or

9.4.3. statements or conduct of any third party on the Website.

9.4.4. any goods purchased through the Website.

10. General

10.1. Variations: These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

10.2. Severability: If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

10.3. Waiver: Our failure or delay to exercise or enforce any right in these terms does not waive the our right to enforce that right.

10.4. Applicable law: The information on the Website is provided for Australian residents only. Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.