As a user of this site, your use of it, including selling, buying, or renting on this site and other linked “Home Nova” sites operated by us (collectively, the “Home Nova site”) is subject to the terms set out in these Terms and Conditions (“Terms”).
About the Home Nova site
(a) The Home Nova site is an online advertising medium that advertises properties and businesses for sale or rent where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale or rent privately.
(b) The terms set out in the following paragraphs apply generally to all users of the Home Nova site (including registered users and browsers of the Home Nova site). We recommend that you carefully read these terms before you use the Home Nova site.
Copyright
Copyright in the content on the Home Nova site and in the Home Nova site itself (as a compilation of information) is owned by us, our advertisers, or content suppliers.
Transactions between sellers and buyers
We are not an agency and are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the online distribution and publication of information about items advertised for sale or rent. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety, or legality of any items advertised for sale on the Home Nova site, the accuracy or truth of any advertising listings on the Home Nova site, or the ability of sellers and buyers to actually enforce or complete a transaction.
Placing an ad
If you place an advertisement (“ad”) on the Home Nova site you must also comply with the following rules:
- a) Ad Titles and descriptions must not include contact information such as your name, telephone numbers, or email addresses.
- b) You must not include pricing information within ad titles or descriptions. Pricing must only be entered into the pricing field.
- c) You must not use offensive language or profanities.
- d) Ads must not infringe third party intellectual property rights. Any alleged infringements of the intellectual property rights of a third party will result in the removal of the ad.
- e) The item must be described accurately and honestly in the ad. Misrepresentation can include:
- f) listing ads in inappropriate categories
- g) entering keywords in the title or description that do not appropriately describe the item
- h) identifying an inaccurate location of the item.
If we place an advert on the Home Nova site on your behalf we have done so on your specification and it is your responsibility to check the ad for accuracy in the description and other significant details.
To the extent that you are legally able to, you hereby assign all copyright in your ad to us.
You grant us and our related bodies corporate a royalty-free license to use, reproduce, modify, adapt, and sub-license any content you provide to us.
Rental listings are for a maximum period of 6 months. We reserve the right to remove your advert if it is not renewed.
Usage rules
You warrant to us that you will not use the Home Nova site for any purpose (including if you are a seller, placing an ad) that is unlawful or prohibited by the Terms.
- You must not:
- (i) data mine or conduct automated searches on the Home Nova site or the content on the Home Nova site, whether through the use of additional software or otherwise;
- (ii) incorporate any of the content on the Home Nova site with any other material, including advertising or promotional material;
- (iii) create HTTP links from the Home Nova site to any other website on the Internet, or frame or mirror the Home Nova site without our prior written consent;
- (iv) use the Home Nova site or any facilities available on the Home Nova site for any activities (including placing an ad), or transmit to or via the Home Nova site any information or material which:
- breaches any laws or regulations;
- breaches the Terms;
- infringes a third party’s rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;
- is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites (including discussion forums);
- is false or misleading;
- is an unsolicited commercial electronic message;
- impersonates another person (for example, by pretending to be someone else when you register as a member) or uses another user’s account without permission; or
- identifies a person or which can be used to identify a person (including any copy, photos, or other pictorial representations) unless you have obtained that person’s authority;
- (v) make unauthorized modifications to the content on the Home Nova site;
- (vi) knowingly transmit any virus, worm, Trojan horse, or other disabling feature to or via the Home Nova site; or
- (vii) attempt to do, or permit another person to do, any of the above acts.
You may download and print individual advertising listings from the Home Nova site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the Home Nova site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the Home Nova site for commercial purposes or for commercial gain.
It is your responsibility to notify us upon the sale of the item in your ad to ensure that the ad is removed from the Home Nova site.
Our right to alter or withdraw your material
We may withdraw or alter any material you provide us if:
- (a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect, or in any other way in breach of the Terms (including any rules, guidelines, or policies), any law, or third-party rights; or
- (b) we are instructed to do so by any third party.
We also reserve the right to select, edit, condense, determine the duration of, change the nominated “category” of, withdraw or refuse your ad.
Communications to you
(a) Any communications or notices we send you in relation to your transactions or use of the Home Nova site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the Home Nova site and it is your responsibility to exercise caution on the Home Nova site.
(b) You may receive service-related emails from us and such messages will not include a functional unsubscribe facility.
Manipulation and improper use
You may include only one link in your ad on the Home Nova site. The one link must be directly related to the property or business advertised and cannot in any way be referring to a competitor website of the Home Nova site.
Fees
Notification of Fees:
We will inform you of the fees payable for your use of the services available on the Home Nova site. These fees will be communicated to you through the website, via email, or other direct communication methods.
Responsibility for Payment:
You are responsible for paying all fees associated with your use of the services provided by the Home Nova site. This includes fees for any additional services or third-party website packages you choose to use.
Non-Refundable Fees:
All fees paid for the services provided by the Home Nova site are non-refundable. This applies to all types of fees, including but not limited to subscription fees, one-time service fees, and fees for third-party website packages.
The fees are non-refundable whether your listings have reached the third-party sites or not. This policy is in place because the majority of the work and preparation occurs before the listings are launched onto third-party sites.
Changes to Fees:
We reserve the right to change our fees at any time. Any changes to the fees will be communicated to you in advance, and the new fees will apply to all services used after the notification period.
Payment Methods:
We accept various payment methods, which will be indicated on our website. You are responsible for providing accurate and complete payment information and ensuring that your payment method is valid and up to date.
Late Payments:
If you fail to pay the fees by the due date, we may suspend or terminate your access to the services until the outstanding fees are paid in full. Additional late fees or charges may apply.
No Warranty
(a) We take all reasonable care in compiling our print and online advertising. However, the information in our publications and on the Home Nova site is provided ‘as is’ and we do not warrant or represent that it is complete, current, or free from errors or omissions.
(b) We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the Home Nova site or in any of our print publications will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality, and condition of any property or business advertised on the Home Nova site or in any of our print publications. It is your responsibility to verify any information on the Home Nova site or in any of our print publications, or provided to you by other users of the Home Nova site before relying on it.
(c) We provide our services with reasonable care and skill and endeavor to ensure availability of our services and access to the Home Nova site. However, availability of our services and access to the Home Nova site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the Home Nova site will be continuous, uninterrupted, timely, fault-free, virus-free, or secure.
Our liability to you
To the fullest extent permitted by law, we exclude all liability for any loss or damage, whether direct, indirect, or consequential, arising from the use of the Home Nova site or the services provided by us, including but not limited to any errors, omissions, interruptions, or delays in the operation of the site.
We are not responsible for any loss or damage caused by your use of the Home Nova site, including any loss or damage caused by viruses or other harmful components. We are also not responsible for any loss or damage that results from your reliance on information provided by other users or third parties on the Home Nova site.
In no event shall our liability exceed the amount paid by you for the use of the services provided by the Home Nova site in the 12 months preceding the claim.
Indemnity
You agree to indemnify and hold us, our affiliates, and their respective officers, directors, employees, agents, and third parties harmless from and against any claims, losses, liabilities, expenses, or damages (including legal costs) arising from your use of the Home Nova site or any violation of these Terms.
Termination
We reserve the right to suspend, limit, or terminate your access to the Home Nova site if we believe you have breached any of these Terms, including improper use of the site or non-payment of fees. In the event of such suspension, limitation, or termination, we may retain any fees paid and you will still be responsible for any unpaid fees.
Privacy and Data Protection
We are committed to protecting your privacy. Any personal information you provide to us will be handled in accordance with our Privacy Policy. By using the Home Nova site, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
Governing Law
These Terms are governed by and construed in accordance with the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts located within Australia for any disputes arising from these Terms or your use of the Home Nova site.
Changes to Terms
We may update or modify these Terms at any time. Any changes to the Terms will be posted on this page, and your continued use of the Home Nova site after the changes are posted will constitute your acceptance of the updated Terms.