DISCLAIMER AND COPYRIGHT NOTICE WRITEHOMETM states as follows:
(a) The information in this website is educational only and is not intended and should not be construed as investment, tax, legal, financial or other advice.
(b) The information contained in this website may:
(i) be general in nature and may not be suitable or appropriate for all persons; and
(ii) not apply outside Australia.
(c) Neither WRITEHOMETM nor WRITEHOMETM's officers or employees are qualified, authorised or in the business of providing financial, taxation or investment advice.
(d) There are inherent financial dangers and risks in investing in property.
(e) Before acting on anything referred to in this website, you should:
(i) seek professional financial, tax and legal advice;
(ii) carefully consider their own personal circumstances
(iii) carefully consider all related disclosure materials; and
(iv) complete your own appropriate due diligence.
(f) WRITEHOMETM bears no liability including for loss and damage with respect to any action taken with respect to information contained in this website.
(g) This website may contain references or links to third parties. WRITEHOMETM does not accept any responsibility for the actions of or information provided by such third parties and makes no representations as to the accuracy or completeness of the content or information provided by those websites.
(h) WRITEHOMETM recommends that you make your own enquiries in relation to third parties that are described or linked is this website.
(i) The contents of this Website may include information from, or views of, third parties ("Third Party Information") that has been reproduced or compiled by WRITEHOMETM.
(j) Third Party Information does not necessarily reflect the views or beliefs of WRITEHOMETM of WRITEHOMETM's employees or contractors.
(k) While every care is taken to provide accurate information, WRITEHOMETM does not accept any responsibility and make no warranties with respect to the accuracy or completeness of Third Party Information
(l) Except where otherwise specified WRITEHOMETM is the owner of the copyright in the contents of this website.
(m) The contents of this website may not be used, reproduced, copied modified, altered, adapted, compiled, edited, improved, transposed, translated, converted, transmitted, distributed, disseminated, disclosed, saved or stored, by any means, for any purpose except with the prior express written consent of WRITEHOMETM.
(n) WRITEHOMETM excludes and disclaims all liability to any person for any consequences, including losses, damages, costs and expenses, arising directly or indirectly from use of this website (in part or in whole).
WRITEHOMETM USER TERMS
1 DEFINITIONS:
1.1 “Australian Consumer Law”: Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.2 "Harmful Code": any computer program, virus, unsolicited email, bomb, trojan horse, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other malware or other code (including source and object code) that is harmful, destructive, disabling or which assists in or enables theft, unauthorized access to or alteration of data or the Platform or which may impair, deny or otherwise adversely affect the use of the Platform.
1.3 "IP Rights": each of:
(a) all present and future intellectual property rights of any nature whatsoever conferred by Law or otherwise including without limitation: copyright; designs (including registered designs); patents; moral rights; trade marks; trade secrets; circuit layouts; business names; domain names; inventions; and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967, whether or not registered
or registrable;
(b) all other rights of a like nature to the above rights; and
(c) any present and future Law-derived rights and remedies including choses in action relating to the above rights, throughout the world.
1.4 “Law”: any and all applicable:
(a) rules of the general law from time to time including common law, torts, equity, bankruptcy;
(b) legislation and subordinate legislation and ordinances, codes, regulations and by-laws of relevant government, semi-government or local authorities and other instruments under any of them including the Australian Consumer Law; and
(c) judgments, orders or decrees of any governmental agency or judicial or quasi-judicial body.1.5 “Loss” means any loss, cost, charge, liability, expense, damage, debt or diminution in value, business, opportunity, production, use, of any kind or character howsoever caused.
1.6 "Modify": add-to, alter, adapt, change, convert, compile, de-compile, delete-from, disassemble, edit, enhance, improve, modify, reproduce, re-arrange, reverse-engineer, tamper with, transpose or translate.
1.7 "Platform": the WRITEHOMETM website from time to time including: WRITEHOMETM USER TERMS 2 | 6
(a) any services incorporated in the platform including third party services;
(b) plugins, add-ons and other functionality in such platform;
(c) new versions and Modifications of such platform; and
(d) any manual, help material or FAQs within or pertaining to the Platform, from time to time.
1.8 “Privacy Policy”: the WRITEHOMETM Privacy Policy as varied from time to time.
1.9 “Related Entity”: a “related body corporate” or “associated entity” as defined in the Corporations Act 2001.
1.10 “Related Parties”: an entity’s directors, officers, agents, employees, contractors and Related Entities as defined in the Corporations Act 2001.
1.11 "Terms": these user terms as varied from time to time.
1.12 "Transfer": transfer, sell, assign, novate, sub-licence, Encumber, declare a trust over, or otherwise dispose or Deal With any legal or equitable interest in the subject matter.
1.13 "User": each human user of Platform from time to time.
1.14 "WRITEHOMETM": [WRITEHOMETM ENTITY] and its administrators, executors, heirs, successors and permitted assigns and substitutes.
2 ACCEPTANCE
2.1 By downloading, installing or continuing to use the Platform, User warrants, acknowledges and agrees that:
(a) User has had sufficient chance to read and understand these Terms;
(b) User is immediately bound by these Terms as varied from time to time;
(c) these Terms apply to User’s use of the Platform however accessed including via an internet browser, smartphone, tablet or other internet connected device;
(d) where User is a human person represents a corporate entity that is, or intends to be, use the Platform, User is duly authorised to represent such corporate entity; and
(e) that the Platform may be in beta phase in whole or in part.
2.2 User must not use the Platform if User:
(a) does not agree to all of these Terms;
(b) is:
(i) not of legal age to form a binding contract with WRITEHOMETM; or
(ii) not legally prohibited from using or receiving the services provided by the Platform, under appliable Law.
2.3 These Terms:
(a) govern User’s downloading, installing, accessing and use of the Platform;
(b) comprise a binding contractual agreement between User and WRITEHOMETM; WRITEHOMETM USER TERMS 3 | 6(c) are in addition to any other terms and conditions notified to User by WRITEHOMETM with respect to User's use of the Platform;
(d) are important and User should ensure that User reads them carefully and contact WRITEHOMETM with any questions before User uses or continue to use the Platform; and
(e) commence on the earlier of the date User:
(i) downloads;
(ii) installs;
(iii) accesses; or
(iv) uses, any part of the Platform.
2.4 User must:
(a) use the Platform only in accordance with:
(i) the Terms;
(ii) any Platform manual or help material; and
(iii) WRITEHOME™’s reasonable directions and policies from time to time; and
(b) comply with the hardware requirements (if any) as specified by WRITEHOMETM, from time to time.
2.5 Unless otherwise stated, the Platform is not associated, affiliated, sponsored, endorsed or in any way linked to any third party including platform operators, including Apple, Google or Android.
3 FORBIDDEN CONDUCT
3.1 User must not:
(a) Modify or authorise, permit or allow any person to Modify the Platform;
(b) reproduce, duplicate or copy the Platform;
(c) Transfer, distribute or otherwise commercially exploit the Platform;
(d) the Platform available to any third party other than as agreed in writing by WRITEHOMETM;
(e) use any the Platform for commercial purposes;
(f) access the Platform without authority;
(g) interfere with, damage, penetration-test or disrupt:
(i) the Platform; or
(ii) any equipment or network on which the Platform is stored;
(h) create internet "links" to the Platform;
(i) "frame" or "mirror" any Platform software on any other server or wireless or internet-based device;
(j) build a competitive product or service to the Platform;
(k) build a product using similar ideas, features, functions or graphics of the WRITEHOMETM USER TERMS 4 | 6Platform;
(l) copy any ideas, text, features, functions or graphics of the Platform;
(m) use the Platform to advertise, send spam or otherwise communicate duplicative or unsolicited messages;
(n) launch an automated program or script, including, but not limited to, Harmful Code, web spiders, web crawlers, web robots, web ants, web indexers, bots or any program which may make multiple server requests per second or unduly
burdens or hinders the operation and/or performance of the Platform;
(o) overwhelm or attempting to overwhelm the Platform infrastructure by imposing an unreasonably large load on the Platform systems;
(p) use the Platform to misrepresent or defraud any other User or member of the public including through phishing, spoofing, manipulating headers or other identifiers, impersonation or falsely implying any sponsorship or association with
WRITEHOMETM or any third party;
(q) access or search any part of the Platform other than the Platform’s publicly supported interface; or
(r) use the Platform in a way or for a purpose that:
(i) constitutes a breach of the Law;
(ii) is fraudulent, criminal or unlawful;
(iii) is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, annoying, political or violates a third party’s privacy;
(iv) constitutes impersonation of any third party or misrepresents a relationship with any third party;
(v) is contrary to any direction given by the WRITEHOMETM with respect to the Platform;
(vi) involves User's use, delivery or transmission of Harmful Code; or
(vii) tends to harm the Platform in any way.
4 LINKED PARTIES AND ADVERTISING
4.1 User acknowledge and agree that the Platform may contain or WRITEHOMETM may
provide to User:
(a) links to sites on the world wide web owned and operated by third parties and which are not under WRITEHOMETM's control (“Linked Sites”);
(b) information with respect to third party businesses; and/or
(c) third party advertising and marketing, (individually and collectively, “Linked Parties”).
4.2 In relation to Linked Parties: WRITEHOMETM USER TERMS 5 | 6(a) WRITEHOMETM provides the links and information to Linked Parties as a convenience to User;
(b) the existence of a link to Linked Party does not imply any endorsement by WRITEHOMETM of:
(i) such Linked Party; or
(ii) products being offered by the Linked Party (“Linked Products”);
(c) is not responsible for the material contained on Linked Sites; and
(d) WRITEHOMETM gives no warranty, guarantee or representation with respect to the accuracy, reliability or timeliness of the information contained on Linked Sites.
4.3 User should seek User's own independent financial and legal advice before deciding to acquire any products from a Linked Party.
4.4 These Terms do not and are not intended to constitute legal advice.
4.5 WRITEHOMETM is not liable for any errors or omissions in the content of these Terms.
5 SUSPENSION, CESSATION, DELAYS AND INTERRUPTION
5.1 WRITEHOMETM may:
(a) discontinue or cease;
(b) Modify or update;
(c) interrupt the operation of, including to maintain and upgrade the Platform; and
(d) impose restrictions on the length and manner of User usage of any part of, the Platform at any time without notice.
5.2 Subject to the Law WRITEHOMETM has no liability for any Loss arising as a consequence of exercising any of WRITEHOMETM’s rights under clause 5.1 .
6 INTELLECTUAL PROPERTY
6.1 All ownership right, title and interest in the Platform including all IP Rights vests at all times in WRITEHOMETM.
6.2 User acknowledges and agrees that the Platform:
(a) is proprietary to WRITEHOMETM; and
(b) comprises works of original authorship, including compiled information containing WRITEHOMETM’s selection, arrangement, coordination and expression of such information or pre-existing material it has gathered or assembled, confidential and trade secret information, and information that has been created, developed and maintained by WRITEHOMETM at considerable expense of time and money, such that misappropriation or unauthorised use by User or others for commercial gain would unfairly (and may irreparably) harm WRITEHOMETM.
6.3 Nothing in these Terms affects ownership of third party software incorporated in the Platform.
7 DISCLAIMER
7.1 To the extent permitted by User, WRITEHOMETM disclaims all liabilities, warranties WRITEHOMETM USER TERMS 6 | 6 (express and implied), rights or conditions in relation to the Platform including, including in relation to:
(a) being defect-free;
(b) merchantability;
(c) compatibility with any particular hardware or software;
(d) completeness, accuracy, quality, reliability, timeliness or otherwise of any information;
(e) usefulness and functionality including in the absence of third party software;
(f) quiet enjoyment;
(g) fitness for a particular purpose;
(h) title;
(i) unauthorised third party access to and damaging of User's data, software, websites, computers or networks;
(j) User acting, or failing to act, on any information contained on or referred to in the Platform or Linked Sites;
(k) Linked Sites, Linked Parties and Linked Products;
(l) the lawfulness of the Platform or the services provided under or with respect to the Platform;
(m) defamatory, offensive or illegal conduct of any user of the Platform;and/or(n) non-infringement of IP Rights.
7.2 User agrees and acknowledges that:
(a) use of Platform, Linked Sites and Linked Products is at User's own risk including in relation to any information or products contained in the Platform;
(b) Platform is provided “as is” and “as-available,” with all Defects;
(c) User has made User's own enquiries and obtained User's own advice (including financial advice) before using the Platform or entering into any transaction on the basis of or in reliance upon the Platform; and
(d) no oral or written information or advice given by WRITEHOMETM creates any other warranties or in any way increases the scope of WRITEHOMETM’s obligations to User.7.3 To the extent permitted by Law, WRITEHOME™ is not obliged to rectify any Defect.
8 LIABILITY AND DAMAGES
8.1 To the extent permitted by Law, WRITEHOMETM is not liable for any Loss caused by:
(a) WRITEHOMETM suspension of provision of the Platform;
(b) delays or interruptions in the operation of the Platform;
(c) suspension or termination of User’s access to the Platform;
(d) use of the Platform;WRITEHOME™ USER TERMS 7 | 6(e) defects in the Platform;
(f) viruses, worms, trojan horses, or other undesirable data or software;
(g) User acting, or failing to act, on any information contained on or referred to in the Platform and/or any Linked Site;
(h) User using or acquiring, or User's inability to use or acquire:
(i) any product contained or referred to in the Platform; or
(ii) any Linked Product;
(i) acts of unauthorised third parties to obtain access to and damage WRITEHOMETM’s or User’s data, websites, computers, or networks;
(j) any defect in or unavailability of third party services and content that may be accessed from or relied upon as part of the Platform;
(k) any error in any information given to WRITEHOMETM by User; or
(l) User unlawful, wilful or negligent conduct.
8.2 WRITEHOMETM is not liable to User in respect of a third party alleging that the Platform infringes the IP Rights of such third party if:
(a) User does not notify WRITEHOMETM of the other person’s claim or of infringement of copyright within seven days after becoming aware of the claim;
(b) WRITEHOMETM’s ability to defend the claim has been prejudiced by User’s non-compliance with any of its obligations under these Terms;
(c) User does not give WRITEHOMETM reasonable assistance in defending the claim;
(d) the claim has arisen because of the use of the Platform in combination with equipment, materials or computer programs not supplied or approved by WRITEHOMETM; or
(e) User does not permit WRITEHOMETM to have control of the defence of the claim and all related settlement negotiations.
8.3 User is liable for any conduct by any unauthorised third party's use of the Platform:
(a) with User's knowledge or consent; or
(b) due to User's failure to reasonable secure Platform login and/or password information.
8.4 A party is not liable to another party in respect of claims for direct or indirect loss of profit, loss of business opportunity or goodwill, loss of production, economic loss, loss of revenue, indirect, special or punitive damages, third party claims or any indirect or consequential liabilities or Losses in connection with or arising out of these Terms.
8.5 Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms or protected by Law to the extent that such exclusion, restriction or modification would render these Terms or any provision of these Terms void, illegal or unenforceable. WRITEHOMETM USER TERMS 8 | 69 INDEMNITY
9.1 User irrevocably indemnifies and holds harmless WRITEHOMETM and WRITEHOMETM’s Related Parties against all Claims arising from:
(a) a breach by User of these Terms including any warranties;
(b) User’s use of the Platform including in relation to or in connection with any material and/or information supplied in respect of in the Platform;
(c) User’s publication of or distribution of material and/or information supplied on the Platform; and
(d) User’s conduct while performing or accepting a service under the Platform, including third party claims.
9.2 User must, upon request, promptly pay any costs, including banking fees and charges, associated with the Subscription Fee.
10 PRIVACY
10.1 User acknowledges that User:
(a) has read and understood; and
(b) agrees to comply with, the Privacy Policy.
10.2 User authorises WRITEHOMETM to engage third party service providers to assist WRITEHOMETM in processing information provided by User for business purposes only.
10.3 User acknowledges and agrees that the Platform is not intended for the use, storage, collection or maintenance of sensitive information pertaining to persons.
11 VARIATION
11.1 WRITEHOMETM may vary these Terms at any time without notice or justification to User.
11.2 Any variation of these Terms by WRITEHOMETM become effective upon the earlier of 30 days’ after:
(a) posting the varied Terms on this website;
(b) notifying User of the varied Terms; or
(c) updating any WRITEHOMETM app to incorporate the varied Terms.
11.3 User is responsible for regularly reviewing information posted online to obtain timely notice of any variation to these Terms.
11.4 WRITEHOMETM must use reasonable endeavours to provide Users with notice of variation to these Terms.
11.5 Any variation of these Terms accordance with clause 11.2 replaces any provision of these Terms to the extent that that provision is inconsistent with a provision of the variation. WRITEHOMETM USER TERMS 9 | 6
12 MISCELLANEOUS
RELATIONSHIP OF THE PARTIES
12.1 These Terms must not be construed as creating any agency, legal representative, partnership, joint venture or other form of joint enterprise between the parties.
12.2 Neither party has authority to contract for or bind the other in any manner whatsoever.
UNLAWFULNESS
12.3 These Terms must be interpreted so that it complies with the Law.
12.4 If any provision of these Terms are invalid, unlawful, void, voidable or unenforceable under the Law:
(a) it will be taken to have been severed without affecting any other of the provisions of these Terms;
(b) then such provision must be read down so as to give it as much legal effect as possible; and
(c) the parties agree to do all things necessary to rectify these Terms insofar as it is necessary to give legal effect including:
(i) amending any provision of these Terms; and
(ii) executing a new agreement on substantially the same terms.
GOVERNING LAW
12.5 These Terms are governed by the Laws of Victoria, Australia, except:
(a) Victoria, Australia's Jurisdiction’s choice of law rules; and
(b) to the extent to which they are overridden by Australian Commonwealth laws.
12.6 The parties submit to the jurisdiction of the courts of the Jurisdiction.