Terms

Terms and Conditions of Access and Use

Welcome, and thank you for using the MyHomeVault platform (the MHV Platform)!

Background

The MHV Platform is a property search and property/home ownership management, utility and documentation monitoring application, that allows users to:

• monitor real estate market data relevant to their property(ies) and to third party owned properties, including properties the user would like to live in or add to their property portfolio (ie their “dream properties”);

• track and monitor in one place the status of items relevant to their property(ies)/home, such as, title deeds, contracts, plans, Council development applications, insurance policies, utilities, appliances, instruction manuals, historical information, and important contacts, eg, builder, architect, real estate agents or tradespeople; and

• engage with other homeowners, property investors and developers, real estate agents, tradespeople, and other persons providing goods or services, in relation to the real estate industry, and getting things done around the home and monitoring those items.

The MHV Platform is owned and operated by MyHomeVault Pty Limited ACN 648 732 441 or, from time to time, by any one or more of that company’s related bodies corporate or related entities (MyHomeVault).

From time to time, certain functionalities of the MHV Platform are made available to users through MyHomeVault with or without the use of or accessing third party products or services (the MHV Associated Products/Services). Unless dealt with otherwise in these Terms, references to the MHV Platform are intended to also be references to MHV Associated Products/Services.

Access to and use of the MHV Platform is strictly subject to these terms of access and use (Terms), so before you access and or use the MHV Platform, you must ensure that you are permitted to access or use the functionality offered by the MHV Platform and, if so, have read and understood the Terms and agree to be bound by them. If you have not done so, then you are not permitted to access or use the MHV Platform, and any such use or access is strictly contrary to law. Furthermore, if you have not done so, you should immediately delete anything on any of your devices that would otherwise provide you with access to or use of the MHV Platform.

In these Terms and Conditions, headings are for convenience only and do not affect interpretation.

1. Access, use, and categories of lawful users

1.1. You agree that by clicking “ Sign Up ”, “ Register ”, “ Join Now ”, “ Join MyHomeVault ”, or similar, that you have read, understood, and agree to be bound by, these Terms, and that you are entering into a legally binding agreement with MyHomeVault (also referred to as “ us ” or “ we “) in accordance with these Terms in relation to access to or use of the MHV Platform by you at any time.

1.2. MyHomeVault has a Privacy Statement which sets out how we collect, use, share, and store, users’ personal information. The Privacy Statement appears at https://www.myhomevault.com.au , and forms part of these Terms. Please read the Privacy Statement as it describes how we use data that we collect from you. The Privacy Statement also describes how MyHomeVault uses your content, which includes any communications you have with others on or in association with the MHV Platform; postings submitted by you to the MHV Platform; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the MHV Platform. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to MyHomeVault’s collection, use and disclosure of your content and data as further described in these Terms and the Privacy Statement.

1.3. You may not use the MHV Platform and may not accept the Terms if:

a. you are not of legal age to form a binding contract with MyHomeVault or are under 18 years of age;

b. you are a person barred from accessing or using the functionality offered by the MHV Platform under the laws of Australia or any other country including the country in which you are resident or from which you intend to access and use the MHV Platform.

1.4. Your access to or use of the MHV Platform is subject to these Terms, including the Privacy Statement, and to any other terms or conditions that are made known to you from time to time while you are accessing or using the MHV Platform, all of which may be amended by us from time to time with notice to you.

1.5. If you do not agree to be bound by these Terms, or are otherwise not permitted to so agree, for example, pursuant to clause 1.3, you must NOT click “ Sign up ” (or similar) and/or immediately discontinue any actual or planned access or use. Any access or use of the MHV Platform by a user who does not agree to these Terms is strictly prohibited and contrary to law.

1.6. There are two categories of lawful users of the MHV Platform (Registered Users):

a. Subscribers are users who have subscribed to a particular plan for access to and use of the MHV Platform (Subscription Plans); and

b. Visitors are users who are accessing and using limited functionality of the MHV Platform available without subscription.

Any user who complies with clauses 1.1 to 1.5 inclusive may become Registered Users and are referred to in these Terms as “ you”, “ Subscriber ”, “Visitor ”, or “ Registered User ” (as the case may be or as context requires).

1.7. These Terms apply to all Registered Users.

2. Subscription Plans – Visitors vs Subscribers and levels of MHV Platform functionality

2.1. You can become a Visitor by registering through the MHV Platform as a Registered User. If you are a Visitor, you can become a Subscriber by purchasing a Subscription Plan on the MHV Platform. If you are not a Visitor, you can become a Subscriber by registering through the MHV Platform as a Registered User and purchasing a Subscription Plan.

2.2. To become a Registered User, the minimum amount of Your Personal Information which you will be required to provide, or otherwise make available, to MyHomeVault, is your:

a. email address;

b. username (if different to your email address);

c. telephone number;

d. MHV Platform password;

e. MHV Platform pin; and

f. billing/payment information.

2.3. Access to and use of the MHV Platform will be provided to you as soon as practicable following your becoming a Registered User. The level of access provided will correspond to whether you are a Visitor or a Subscriber and, if a Subscriber, to the Subscription Plan to which you have subscribed.

2.4. As a Visitor, you have access to and use of basic functionality of the MHV Platform, which basic functionality will be determined from time to time by MyHomeVault in its sole and unfettered discretion, and may include a limited version of one or more of the functionalities identified in clauses 2.10 and 2.11 of these Terms.

2.5. MyHomeVault reserves the right to require a Visitor at any time to become a Subscriber by subscribing to a Subscription Plan. In the event MyHomeVault exercises that right, your access to and use of the MHV Platform as a Visitor will be discontinued unless you subscribe to a Subscription Plan within the time required by the MHV Platform. If your access to and use of the MHV Platform as a Visitor has been discontinued in accordance with this clause 2.5, or you have cancelled your Visitor status or deleted your login account prior to subscribing to a Subscription Plan, then all of Your Personal Information defined in clause 2.2 (minimum personal details required) and, if available to a Visitor from time to time, 2.10.a.iii (Items), 2.10.a.vi (Documents), 2.10.a.vii (History), and 2.10.a.xi (Reminders), will be irrevocably deleted, but all of Your MHV Platform Data defined in clause 2.11, and elsewhere in these Terms, will continue to be stored and used by the MHV Platform and MyHomeVault in accordance with these Terms. However, any continued access or use of the MHV Platform by you will be contrary to law.

2.6. As a Subscriber, you have access to and use of the particular functionalities of the MHV Platform identified in the Subscription Plan to which you have subscribed, and as varied by MyHomeVault from time to time, in its sole and unfettered discretion, until the earlier of:

a. your subscribing to a new Subscription Plan, in which case all of Your Personal Information and all of Your MHV Platform Data will continue to be available to your login under the new Subscription Plan, and to the MHV Platform and MyHomeVault to be accessed and used in accordance with these Terms; or

b. your cancelling your current Subscription Plan, or cancelling or deleting your login account, in which case all of Your Personal Information defined in clause 2.2 (minimum personal details required), 2.10.a.iii (Items), 2.10.a.vi (Documents), 2.10.a.vii (History), and 2.10.a.xi (Reminders), will be irrevocably deleted, but the balance of Your Personal Information as defined in these Terms (including in clause 2.10) and all of Your MHV Platform Data defined in clause 2.11, and elsewhere in these Terms, will continue to be stored and used by the MHV Platform and MyHomeVault in accordance with these Terms.

2.7. Unless otherwise expressly indicated, all Subscription Plans have an automatic rollover into a subsequent term.

2.8. The MHV Platform will identify functionalities for the use of which:

a. a Visitor must become a Subscriber; or

b. a Subscriber must subscribe to a different Subscription Plan,

by listing those functionalities in relevant Subscription Plan advertisements and or by inviting a Registered User who ‘clicks’ on an icon/link for a particular functionality to subscribe to any of the Subscription Plans through which that particular functionality is available.

2.9. Subscription Plans, the functionalities made available in them, and the costs to a Registered User for subscribing to them, will be determined from time to time by MyHomeVault in its sole and unfettered discretion; provided, however, that the functionalities identified in a particular Subscription Plan to which a Subscriber has subscribed will be available to that Subscriber until the earlier of the end of the then current term of that member’s current Subscription Plan, or until you cancel your then current Subscription Plan, or cancel or delete your login account.

2.10. The MHV Platform is adapted to receive, store, use and process information provided/uploaded through your login, or in association with your login, or with one or more property address(es), about your property(ies) and properties of interest to you or others (including your property(ies)), and which are shared with your login by other Registered Users. This information, together with the information in clause 2.2, comprises Your Personal Information as follows:

a. If you are a Registered User who chooses to make use of the MHV Platform in relation to your property(ies) (“My Properties”), other personal information of yours which may be provided/uploaded through or against your login includes, but is not limited to, information in relation to:

i. the fact that you have become a Registered User;

ii. rooms/spaces in your property(ies) with or without photographs/images of them (Spaces);

iii. items, such as, fixtures, fittings, or appliances in your property(ies) with or without information, such as, receipts, serial numbers, warranty information, instruction manuals and photographs/images of them (Items);

iv. photographs/images of your property(ies) (Photos);

v. videos/animations of your property(ies) (Videos);

vi. documentary materials concerning your property(ies), such as, title deeds, contracts, plans, Council development applications, home and contents insurance policies, materials concerning utilities, such as water, electricity and gas (Documents);

vii. historical information concerning your property(ies), such as, information recording changes made in or to the property(ies) over time (History);

viii. tradespeople who have done any works in or to your property(ies), including data as to what those works were, how much they costed, and contact information in relation to such tradespeople. It is your responsibility to obtain consent from each tradesperson to record such personal data of theirs against or in association with your login, or one or more property address(es) (Tradespeople);

ix. contacts for persons who have had anything to do with your property(ies), or may do so, such as, tradespeople, real estate agents, property managers, builders, and other categories of such persons. It is your responsibility to obtain consent from each such person to record such of their personal data against or in association with your login, or one or more property address(es) (Contacts);

x. information that you have chosen to share with one or more other Registered User(s) about your property(ies), such as, the dream price for which you would consider selling your property(ies) (Dream Price), the number of other Registered Users who are tracking the status of your property(ies) on the MHV Platform (Home Trackers), and the number of other Registered Users who have expressed an interest in your property(ies) (Expressed Interest). You acknowledge and agree that, you will only use this functionality of the MHV Platform if you are the owner of the relevant property, and that, by using this functionality, you are not placing your property(ies) on the market, merely indicating a price at which you would consider selling your property(ies) should you be approached through the appropriate channels to negotiate the potential sale of your property(ies). The MHV Platform does not provide any means to enable you to lawfully engage in negotiations for the sale of your property(ies). You further acknowledge and agree that the MHV Platform, or MyHomeVault may share with one or more real estate agents the fact that you have recorded a Dream Price and that another Registered User has Expressed Interest in your property at that Dream Price (Shared);

xi. reminder data concerning, for example, dates of significance in or for your property(ies), such as, home and contents insurance renewals, utilities payment due dates and strata levies due dates. The MHV Platform can be set up to send you reminders of dates of your choosing, which can be sent to you on the relevant date via push notification to, for example, your mobile device. You acknowledge and agree that, by using the Reminders function, the MHV Platform may send you notifications to one or more of your devices. You further acknowledge and agree that the Reminders functionality is not infallible and that you do not rely on the Reminders functionality other than as a guide, and that you will make your own independent arrangements to ensure that you meet relevant deadlines (Reminders);

xii. any other data points in relation to you or the property(ies) against or in association with your, or someone else’s, login which the MHV Platform makes available from time to time to a Registered User of this kind at MyHomeVault’s sole and unfettered discretion; and

xiii. any other personal information recorded against, or in association with, your login, including in relation to one or more property address(es).

b. If you are a Registered User who chooses to make use of the MHV Platform in relation to one or more shared property(ies) of other Registered Users (“Shared Properties”), other personal information of yours which may be provided/uploaded through or against, or in association with, your login or one or more property address(es), includes, but is not limited to, information in relation to:

i. the fact that you have become a Registered User;

ii. the fact that another Registered User has elected to share with your login any of the data identified in clause 2.10 provided/uploaded through or against, or in association with, their login about property(ies) recorded against their login in the “My Properties” field;

iii. one or more of your contact details, your profession/trade, details of your qualifications, including details of your license permitting you to practice in your profession/trade and any breadth or limitations on such license, the fact of (and possibly reason for) your interest in those specific property(ies), the content of any opinion/quotation that you give in relation to, or to do anything to or for, one or more of those property(ies);

iv. any other personal information recorded against, or in association with, your login or one or more property address(es), including, information in relation to the property(ies) recorded against your login in the “My Properties) field, as has been provided/uploaded through, or in association with, your login or with one or more property address(es);

v. any other data points in relation to you, your, or someone else’s property(ies) which the MHV Platform makes available from time to time to a Registered User of this kind at MyHomeVault’s sole and unfettered discretion; and

vi. any other personal information recorded against, or in association with, your login, including in relation to one or more property address(es).

c. If you are a Registered User who chooses to make use of the MHV Platform in relation to one or more dream property of yours (“Dream Properties”), other personal information of yours which may be provided/uploaded through or against, or in association with, your login or one or more property address(es), includes, but is not limited to, information in relation to:

i. the fact that you have become a Registered User;

ii. the fact that you are interested in a property that is recorded in the Dream Properties field of your login. At the very least, this fact will be recorded against such property on the MHV Platform by increasing the tally of person(s) who is/are tracking that property. Such tally is made known to any Registered User against whose login that property is recorded in the “My Properties” field, and potentially to all other Registered Users;

iii. The fact that you wish to express an interest in acquiring that property. At the very least, this fact will be recorded against such property as a person who has expressed such interest;

iv. the capacity in which you are interested in the property, such as, an incoming homeowner, investor or developer;

v. any other data points in relation to you, your, or someone else’s, property(ies) which the MHV Platform makes available from time to time to a Registered User of this kind at MyHomeVault’s sole and unfettered discretion; and

vi. any other personal information recorded against, or in association with, your login, including in relation to one or more property address(es).

d. If you are a registered User who chooses to make use of the MHV Platform in relation to more than one of the sub-paragraphs in this clause 2.10, the other personal information of yours which may be provided/uploaded through or against, or in association with, your login or one or more property address(es), includes, but is not limited to, the cumulative information which is so provided/uploaded.

2.11. The MHV Platform is adapted to receive, store, use and process information provided/uploaded through Registered Users’ logins and through third party contractors about properties and professionals/tradespeople working in the real estate market. Insofar as any such information concerns or comes from, or is otherwise associated with, your login, it is Your MHV Platform Data as follows:.

a. If you are a Registered User who chooses to make use of the MHV Platform in relation to your property(ies) (“My Properties”), information provided/uploaded through or against your login, or in relation to one or more property address(es) which includes, but is not limited to, information in relation to:

i. the fact that you have become a Registered User;

ii. Spaces;

iii. Photos;

iv. Videos;

v. Tradespeople;

vi. Contacts;

vii. Shared;

vii. any other data points in relation to you, your, or someone else’s, property(ies) which the MHV Platform makes available from time to time to a Registered User of this kind at MyHomeVault’s sole and unfettered discretion; and

viii. any other personal information recorded against, or in association with, your login, including in relation to one or more property address(es).

b. If you are a Registered User who chooses to make use of the MHV Platform in relation to one or more shared property(ies) of other Registered Users (“Shared Properties”), information provided through or against your login which includes, but is not limited to, information in relation to:

i. the fact that you have become a Registered User;

ii. the fact that Registered Users have elected to share with others’ the data recorded against their logins;

iii. your profession/trade, details of your qualifications, including details of your license permitting you to practice in your profession/trade and any breadth or limitations on such license;

iv. the fact of (and possibly reason for) Registered Users having interests in specific properties;

vi. any other personal information recorded against, or in association with, your login, including in relation to one or more property address(es)

c. If you are a Registered User who chooses to make use of the MHV Platform in relation to one or more dream property of yours (“Dream Properties”), information provided/uploaded through or against your login which includes, but is not limited to, information in relation to:

i. the fact that you have become a Registered User;

ii. the number of Registered Users interested, or were interested, in a property that is recorded in the Dream Properties field of your login;;

iii. the number of Registered Users who wish, or wished, to express an interest in acquiring a property; and

iv. the capacity in which you are, or were, interested in a property, such as, an incoming homeowner, investor or developer;

vi. any other personal information recorded against, or in association with, your login, including in relation to one or more property address(es).

d. If you are a registered User who chooses to make use of the MHV Platform in relation to more than one of the sub-paragraphs in this clause 2.11, the other personal information of yours which may be provided/uploaded through or against, or in association with, your login or one or more property address(es), includes, but is not limited to, the cumulative information which is so provided/uploaded.

2.12. You warrant that all of Your Personal Information and all of your MHV Platform Data which you provide, otherwise make available, or have agreed (whether expressly or impliedly), pursuant to these Terms, to be provided/uploaded against your login, in association with your login, and/or in association with a property address, to MyHomeVault will always be accurate and/or has been provided, or otherwise made available, by you after you have obtained all relevant consent(s) from any third parties, and, for so long as you remain a Registered User, kept current by you.

3. How we use/disclose your information

3.1. For so long as you are a Registered User, we may receive, use, store, process, and disclose to any third party with which MyHomeVault contracts or otherwise engages in association with the MHV Platform, or otherwise deal with, Your Personal Information and Your MHV Platform Data, in accordance with these Terms, including for MyHomeVault’s commercial gain, and to assist you to make use of the MHV Platform in accordance with your status as a Registered User.

3.2. At any time after you have cancelled your Visitor status or current Subscription Plan, or cancelled or deleted your login account (unless you become a Registered User again at another time, in which case clause 3.1 applies), we may receive, use, store, process, and disclose to any third party with which MyHomeVault contracts or otherwise engages in association with the MHV Platform, or otherwise deal with, Your Personal Information, other than the information defined in clause 2.2 (minimum personal details required), 2.10.a.iii (Items), 2.10.a.vi (Documents), 2.10.a.vii (History), and 2.10.a.xi (Reminders), and Your MHV Platform Data, in accordance with these Terms, including for MyHomeVault’s commercial gain.

3.3. You acknowledge and agree that MyHomeVault has absolute and unfettered discretion as to with which third parties it chooses to contract or otherwise engage in association with the MHV Platform.

3.4. You acknowledge and agree that MyHomeVault is free in law and equity to receive, use, store and process Your Personal Information and Your MHV Platform Data as set out in clauses 3.2 and 3.3, and further in any way that it sees fit, and you hereby provide your irrevocable consent for MyHomeVault to so use Your Personal Information and Your MHV Platform Data.

3.5. We also use your contact details to send information relevant to you. This may include to:

a. contact you with important information about the MHV Platform and or your login or information we hold about you (for example, when relevant to your privacy or the security of your information); and

b. send you general communications, materials or information relevant to the MHV Platform, and or your use of it.

4. Your obligations as a Registered User

As a Registered User, you agree:

a. to only use the MHV Platform for purposes that are permitted by these Terms, and strictly in accordance with any applicable law, regulation or generally accepted practices or guidelines in jurisdictions relevant to your access and use of the MHV Platform;

b. that you have the sole responsibility for protecting the confidentiality of your login details, and for obtaining any relevant consents from persons in relation to whom you elect to provide/upload information through or against your login, or in association with any property address(es);

c. that any use of your login details by any other person is strictly prohibited. Use of your login details by any other person may result in our immediately discontinuing your access and use of the MHV Platform;

d. to immediately notify MyHomeVault of any unauthorised use of your login details or of any breach of security of which you have become aware;

e. that your access and use of the MHV Platform is non-exclusive, limited and non-transferable;

f. that you will not use the MHV Platform in connection with any commercial endeavours except where such endeavours are expressly endorsed and approved by MyHomeVault in writing;

g. that you will not use the MHV Platform for any illegal and or unauthorised purpose, including, without limitation, the collection of personal information of any Registered User by electronic or other means for any purpose, such as, for the purpose of sending unsolicited email or unauthorised framing or hyperlinking from or to the MHV Platform, or for any other purpose whatsoever;

h. that commercial advertisements, affiliate links and other forms of solicitation may be removed from the MHV Platform without notice and your use of them may result in our discontinuing your access and use of the MHV Platform. MyHomeVault reserves its rights to take appropriate legal action for any illegal or unauthorised use of the MHV Platform; and

i. use any information you obtained, or procured the obtainment of, from the MHV Platform for any purpose, other than for purposes permitted by these Terms.

5. Banned Uses

You are not allowed to use the MHV Platform:

a. to participate in any illegal or fraudulent activity, including by uploading, referencing, posting or sending any fraudulent or illegal material in or in association with your login or another person’s login, in any medium whatsoever;

b. to cause disruption to, or otherwise interfere with the MHV Platform or its smooth operation;

c. in a way that infringes a person’s rights or prevents them from using the MHV Platform;

d. in any way that may harass, cause distress or inconvenience others;

e. to buy or sell real property or any other personal property, or to market such real property or personal property as being for purchase or sale;

f. to upload, reference, post or send unlawful, defamatory, offensive or scandalous material in any medium whatsoever; or

g. to upload, reference, post or send material that breaks, or encourages the breaking of, the law.

6. Payment

6.1. Fees may be paid by way of:

a. Electronic funds transfer into our nominated bank amount (EFT);

b. Credit Card payment (Credit Card);

c. PayPal payment (PayPal);

d. SecurePay payment (SecurePay); or

e. App Store or Google Play payment (In-App Purchase Payment),

as made available in association with the MHV Platform, from time to time at MyHomeVault’s absolute and unfettered discretion.

6.2. When making any payment in relation to your use of the MHV Platform, you warrant that you have read, understood and agree to be bound by the terms and conditions of the payment method you use.

6.3. You acknowledge and agree that where a request for the payment of a Subscription Plan is returned or denied by the payment method you have chosen, or is unpaid by you for any other reason, then you are liable for any costs incurred by MyHomeVault, including banking fees and charges, associated with the failed attempt to obtain funds for that Subscription Plan.

6.4. You agree and acknowledge that MyHomeVault can vary the costs for any Subscription Plan at any time and that the varied costs for such Subscription Plan will come into effect for you following the conclusion of the current period of your then current Subscription Plan, even if that Subscription Plan is set to roll over into a subsequent period.

7. Refund Policy

MyHomeVault does not provide any refunds under any circumstances.

8. Copyright and Intellectual Property

8.1. The MHV Platform and MHV Associated Products/Services are subject to copyright and other forms of intellectual property. The materials and content contained on the MHV Platform are protected intellectual property rights under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the MHV Platform and MHV Associated Products/Services (including, but not limited to, text, graphics, logos, button icons, photographs video images, audio clips, computer executing code, scripts, design elements and interactive features) are owned or licensed for these purposes, and are reserved by MyHomeVault or its licensors.

8.2. All trade marks, service marks and or trade names are owned or licensed by MyHomeVault.

8.3. MyHomeVault hereby grants you a non-exclusive revocable license whilst you are a Registered User to use the intellectual property rights identified in clauses 8.1 and 8.2 to the limited extent necessary to enable your use of the MHV Platform pursuant to the Terms, by:

a. copying and storing the MHV Platform and the materials contained in the MHV Platform in your device’s cache memory; and

b. printing pages from the MHV Platform for your own personal and non-commercial use.

8.4. MyHomeVault does not grant you any other rights whatsoever in relation to the MHV Platform or the MHV Associated Products/Services. All other rights are expressly reserved by MyHomeVault.

8.5. You hereby assign to MyHomeVault all right, title and interest in and to all intellectual property rights in any of Your Personal Information and any of Your MHV Platform Data, and agree to take all steps, including signing any document, that may be required to record this assignment in favour of MyHomeVault, and you hereby irrevocably provide MyHomeVault with your power of attorney to take any such steps on your behalf. You also hereby waive any moral rights (including the right of attribution of authorship, and the right of integrity) in favour of MyHomeVault that you may have in any of the copyright generated in, or in association with, your use of the MHV Platform at any time.

8.6. MyHomeVault retains all rights, title and interest in and to the MHV Platform and all MHV Associated Products/Services, except in relation to one or more MHV Associated Products/Services which it licenses, in which case it retains all rights, title and interest in and to such licenses. Nothing you do on or in relation to the MHV Platform will transfer to you or any other person any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, patent application, design application, registered design, copyright, or an adaptation or modification of such a thing, system or process.

8.7. You may not, without the prior written consent of MyHomeVault, broadcast, republish, up-load to a third party, transmit, post distribute, show or play in public, adapt or change in any way the MHV Platform or any MHV Associated Products/Services for any purpose, unless otherwise provided by these Terms.

8.8. MyHomeVault reserves all intellectual property rights in and associated with the MHV Platform and the MHV Associated Products/Services.

9. Further limitations on your use of the MHV Platform and of MHV Associated Products/Services and risks that you accept

9.1. You may not rent, lease, lend, sell, redistribute or sublicense the MHV Platform or the MHV Associated Products/Services or any of the intellectual property rights in any of them. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MHV Platform or the MHV Associated Products/Services, any updates, or any part thereof. Any attempt to do so is a violation of MyHomeVault’s rights. If You breach this clause, you may be subject to prosecution and damages. These Terms govern any upgrades to the MHV Platform or to any MHV Associated Products/Services that replace and or supplement the MHV Platform or MHV Associated Product/Service, as the case may be, unless such upgrade is accompanied by a separate set of terms of use and access in which case those terms will govern your access and use of such upgrades.

9.2. The MHV Platform uses Secure Sockets Layer (SSL) with a view to preserving the safety of data transferred in association with your use of it and it stores data in Amazon Web Services (AWS) cloud infrastructure. You acknowledge and agree that these systems, and the MHV Platform, are not infallible and may be subject to cyber security breaches. You further acknowledge and agree that if you upload information/data to the MHV Platform, including, without limitation, any of Your Personal Information or any of Your MHV Platform Data, you do so at your own risk, and hereby indemnify MyHomeVault and, as appropriate, any of its related bodies corporate or related entities, in relation to any damage, consequential or otherwise, that is caused to you under any circumstances whatsoever by your having uploaded any such information to the MHV Platform.

9.3. You expressly acknowledge and agree that use of the MHV Platform and of any MHV Associated Products/Services is at your sole risk and that the entire risk as to the nature, quality and accuracy of Your Personal Information and Your MHV Platform Data on the MHV Platform is solely with you and for which you shall be held liable.

10. Disclaimer and Limit of Liability – No Warranty

10.1. This is MyHomeVault’s disclaimer of legal liability for the nature and or quality of any content provided/uploaded and or published by a Registered User or by us, including by one or more of our related bodies corporate or related entities, on or via the MHV Platform and or the reliability of the MHV Associated Products/Services.

10.2. TO THE GREATEST EXTENT PERMITTED BY LAW, MYHOMEVAULT (INCLUDING EACH OF ITS RELATED BODIES CORPORATE AND RELATED ENTITIES), (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (INCLUDING BUT NOT LIMITED TO ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE MHV PLATFORM, SSL OR AWS CLOUD INFRASTRUCTURE ADOPTED BY THE MHV PLATFORM OR ANY MHV ASSOCIATED PLATFORM/SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE MHV PLATFORM AND ANY MHV ASSOCIATED PLATFORM/SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS AS POSTED BY THE REGISTERED USERS OR US FROM TIME TO TIME. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

10.3. Exclusion of Liability

a. This entire condition and any other limitations in these Terms do not apply to any Consumer Guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer law”) or to any of our liability for failure to comply with a Consumer Guarantee under the Australian Consumer Law.

b. To the extent permitted under law (and unless we have entered into a separate written agreement that supersedes these Terms, we, including our related bodies corporate and related entities, shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the MHV Platform or any MHV Associated Products/Service (including but not limited to offensive or defamatory statements, down time or loss, use or changes to your information or content).

c. In any event, at all times, the liability of MyHomeVault shall not exceed, in aggregate for all claims, an amount that is the most recent Subscription Plan fee that you paid, or, if you are a Visitor, the lowest Subscription Plan fee that you could pay to become a Subscriber. This limitation of liability is part of the basis of the agreement between you and us and shall apply to all claims of liability (including but not limited to tort, negligence, contract, or any other claim in law or equity).

d. MyHomeVault does not warrant or make any representations that use of the MHV Platform or any MHV Associated Products/Services will be uninterrupted or error, bug or virus free or that the contents will be correct, accurate, reliable or that MyHomeVault or the servers and applications that makes it available are free from viruses or other harmful components. MyHomeVault does not warrant or make any representations and expressly disclaims all liability and responsibility regarding the use of or reliance upon information published via the MHV Platform or on any MHV Associated Products/Services in terms of accuracy, reliability or otherwise.

e. We do not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the data that is available, or is processed, on MHV Platform or on any MHV Associated Products/Services, or that the MHV Platform or any MHV Associated Product/Service is suitable for your intended use.

f. We do not warrant or represent that the data that is available, or is processed, on the MHV Platform or on any MHV Associated Products/Services is free from human, computer or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the MHV Platform or of any of the MHV Associated Products/Services and the data that is available, or is processed, by any of them, is at your own risk.

g. We make no warranties, guarantees or representations that the data that is available, or is processed on the MHV Platform or on any MHV Associated Products/Services will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any data which you download or use in association with the MHV Platform or with any MHV Associated Products/Services.

h. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of the MHV Platform or of any of the MHV Associated Products/Services or any data that is available, or is processed, by any of them, is expressly excluded to the maximum extent permitted by law.

11. Third Party Transactions or transactions between Registered Users

11.1. MyHomeVault does not take responsibility for any contracts, agreements and/or deals verbal or written entered/agreed upon between any third party/parties and Registered Users, or between two or more Registered Users, on or in association with the MHV Platform. All such third party contracts, agreements and/or deals entered into by you are your sole responsibility.

11.2. MyHomeVault may associate itself with one or more real estate agents, tradespersons or other persons claiming to provide a good or service, in the real estate industry. Any contracts or engagements between MyHomeVault and any such persons are on an arm’s-length basis.

11.3. Real Estate Agents and Tradespeople

a. MyHomeVault reserves the right to vet all individuals and entities claiming to be a ‘Real Estate Agent’, ‘Tradesperson’, or other goods or services provider in the real estate industry, including to require such individuals or entities to produce documentation necessary to verify their authorisation/license to provide the goods or services claimed.

b. MyHomeVault reserves the right to reject any application to become a Registered User by an individual or entity claiming to be a ‘Real Estate Agent’, ‘Tradesperson’, or other goods or services provider in the real estate industry in circumstances where such individual or entity refuses, or is unable, to produce documentation necessary to verify their authorisation/license to provide the goods or services claimed.

12. Competitors

If you are in the business of providing similar goods services to that of, or associated with, the MHV Platform to users for a commercial gain, then you are a competitor of MyHomeVault. Competitors are not permitted to use or access any information or content on or from the MHV Platform. If you breach this provision, MyHomeVault will hold you responsible for any loss and damage sustained by it (including any of its related bodies corporate or related entities) consequent on your access and use of the MHV Platform.

13. Termination of Contract

13.1 The Terms will continue to apply until terminated by either you or by MyHomeVault as set out Here:

a. You may terminate these Terms without cause by cancelling your current Subscription Plan, or cancelling or deleting your login account;

b. We may terminate these Terms with you with or without cause by cancelling your current Subscription Plan, or requiring you to cancel or delete your login account. If we require you to cancel or delete your login account, then you must do so as soon as reasonably practicable following receipt of our informing you of that requirement.

13.2. We reserve the right to limit your use of the MHV Platform. We reserve the right to restrict, suspend, or terminate your login if we believe that you may be in breach of this Agreement or law or are misusing the MHV Platform or in any way breaching any of the Terms. Our right to so limit, restrict, suspend, or terminate your login, extends to circumstances in which we, in our absolute and unfettered discretion, consider to be necessary.

14. Indemnity

You indemnify MyHomeVault, including each of its related bodies corporate, related entities, and its and their employees, agents, contributors, third party contractors and licensors from and against:

a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use or the MHV Platform and or any MHV Associated Products/Services;

b. any direct or indirect consequences of you accessing or using the MHV Platform or any MHV Associated Products/Services or attempts to do so; and or

c. any breach by you of any of these Terms, or for any circumstance otherwise provided in these Terms.

15. Dispute Resolution

15.1. Compulsory

If a dispute arises out of or relating to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

15.3. Resolution

On receipt of that notice given pursuant to clause 15.2 (Notice) by that other party, the parties to the Terms must:

a. Within 10 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

b. If for any reason whatsoever, 10 days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Law Society of New South Wales;

c. The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;

d. The mediation will be held in New South Wales, Australia.

15.4. Confidential

All communications concerning negotiations made by the parties arising out of and in connection with this dispute clause 15 are confidential and, to the greatest extent possible, must be treated as ‘without prejudice’.

15.5. Termination of Mediation

If 21 days have elapsed after the start of a mediation and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so. If that occurs, either party may proceed to resolve the dispute in a court of competent jurisdiction.

15.6. Venue and Jurisdiction

The MHV Platform is intended to be accessed and used in all Australian States and Territories. However, in the event of any dispute arising out of or in relation to the MHV Platform, you and we agree that the exclusive jurisdiction for resolution of any such dispute are the courts of New South Wales, Australia.

16. INTERRUPTIONS AND FORCE MAJEURE

MyHomeVault will make reasonable efforts to keep the MHV Platform operational, however technical difficulties or maintenance may, from time to time, result in temporary and potentially prolonged interruptions. MyHomeVault reserves the right, at any time, to modify or temporarily suspend the MHV Platform or any of the functions or features on the MHV Platform, without notice, and without liability to you for any interruption, modification or suspension of the MHV Platform or of any function or feature thereof. MyHomeVault will not be liable for any problems or failures caused by circumstances outside MyHomeVault’s control, including but not limited to power outages, surges, data loss and failure from third party software that may occur whilst MyHomeVault is performing its obligations under these Terms, acts of war, pandemics, epidemics, industrial strikes, and any other like circumstance which would prevent MyHomeVault from performing its obligations under these Terms.

17. Notices and Service Messages

You agree that we may provide notices to you in the following ways: (1) a banner notice in or in association with the MHV Platform, or (2) an email sent to an email address you provided or have used in association with becoming a Registered User, or (3) through other means including mobile number, telephone, or mail. You agree to keep current Your Personal Information provided pursuant to clause 2.2 up to date. You consent to receive periodic administrative messages from us in connection with your use of the MHV Platform.

18. Links to Other Sites

18.1. The MHV Platform may contain links to or from other external websites not operated by us (Linked Sites). The Linked Sites are not under MyHomeVault’s control and we are not responsible for the content of or transmissions from any linked site. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website and/or any other negative impact that such use may have upon any device of yours or upon your MHV Platform login, and any data associated with it anyway.

18.2. Unless otherwise specified, the Linked Sites may have different terms of use and privacy requirements. Unless otherwise specified, we are not responsible for the content of any Linked Sites, or any changes or updates to such sites. Unless specified, we do not sponsor, endorse, adopt, confirm, guarantee or approve any material or representations made in any Linked Sites, or indeed in any site not controlled by us.

19. Governing Laws

The Terms are governed by the Laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20. Independent Legal Advice

The parties confirm and declare that the provisions of the Terms are fair and reasonable that they have been given the opportunity to obtain independent legal advice and that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

21. Severance

If any part of these Terms are found to be void and unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

22. Entire agreement

These Terms constitute the entire agreement between us and you in connection with your access and use of the MHV Platform.

23. How to Contact Us

If you want to send us notices or service of process, please contact us:

At: https://www.myhomevault.com.au; AND fill in the contact information form.

By physical mail at: Attention: MyHomeVault PTY LTD, Level 11, 80 Mount Street, North Sydney NSW 2060, Australia