This website and everything contained in it, including without limitation any information, audio and visual materials, data, text, graphics, photographs, trademarks, names and logos (Website Content) are the property of Horizon Habitats Pty Limited and/or its associates and affiliates (We, Us, Our or the Company), unless otherwise specified.

Your access to the Website Content is conditional at all times on your full compliance with these terms. By accessing this website or downloading or using any Website Content, you acknowledge that you have read and understood these terms and agree to be bound by them. If you do not accept these terms you should immediately cease using this website and any Website Content.

We may change all or part of these terms at any time by displaying the updated terms here. You should review these terms periodically to ensure you are familiar with any changes. By continuing to access this website or download or use any Website Content after such changes you agree to accept the terms as updated, and if you do not accept them you should immediately discontinue to access this website.

Rights in Website Content

All proprietary and intellectual property rights of any kind (including copyright) in or relating to the Website Content are owned by us unless otherwise expressly specified, and is protected by copyright, trade-mark or other applicable legislation.

You may download, use or copy Website Content for your personal non-commercial use only, provided that you do not remove any copyright, trademark or other proprietary notices from the Website Content and that you fully comply with these terms. Except for such right of personal non-commercial use you do not have, and nothing in these terms shall be construed as giving you any, right, title or interest of any kind in or to the Website Content, or any license to use them.

Other than as specified above, you must not without our prior written consent copy, use, reproduce, alter, adapt, modify, display, publish, transmit, upload, post, distribute, broadcast, exploit, make commercial use of or otherwise deal with any Website Content in any way by any means, in whole or in part, and must not allow or assist anyone else to do so.

You must also not act in any way which may infringe or put in disrepute any right, title or interest we or others have in or relating to the Website Content or otherwise or harm our reputation or goodwill.

In addition, you must not:

• Do anything which could damage, disable, disrupt, manipulate or impair this website, the Web Content, any servers hosting them or any systems connected to them, their operation or functionality or their use by others;
• Use the Website Content for any unlawful purpose or in breach of these terms, any laws or regulations;
• Temper with, reverse engineer, modify, decompile, disassemble, adapt, alter, modify, copy or otherwise deal with any part of the Web Content or delete any attributions or legal or proprietary notices included in it;
• Frame the website in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the website;
• Collect information about others without their consent;
• Interfere with anyone’s use or enjoyment of the Website Content; or
• Provide false information or impersonate any person or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.

Any unauthorized use of the Website Content in breach of these terms may violate copyright, trademark and other laws, and may result in damage to us for which you may be held liable.

Third Party Materials

This website may contain links to third party websites, materials, articles, products, services, events or activities, and it may also contain content placed by third parties or facts, views, opinions or recommendations of third parties (Third Parties and Third Party Materials).

We do not accept any responsibility in relation to the Third Parties or Third Party Materials, and do not endorse, recommend or sponsor them. We do not give any warranties or representations in relation to the Third Parties or Third Party Materials, including without limitation in relation to their accessibility, accuracy, credibility, reliability, authenticity, validity, security or privacy.

Your access or use of the Third Party Materials or communications and transactions between you and the Third Parties are entirely at your own risk, and they are governed by the terms and conditions of the Third Parties. You must carefully review the Third Parties’ terms and conditions and privacy policies and take whatever precautions necessary before using their websites or downloading any materials from them. We accept no responsibility in relation to your access or use or reliance on the Third Party Materials or any communication or transactions between you and the Third parties.

Website access and use monitoring

We may at any time at our sole discretion without notice:

• monitor and review your access to and use or download of the Website Content to ensure compliance with these terms; and
• suspend, limit or terminate your access to all or any part of the Website Content, including if we believe you have breached these terms or are acting in a way that may harm us or anyone else.

Disclaimer of warranties

All the Website Content is provided for general information only and it is not intended to be and should not be relied on as professional advice of any kind (legal, financial or other). You should make your own enquiries and seek independent professional advice in relation to any Website Content before making any decision or taking any action.

The Website Content is made available to you strictly in accordance with these terms and on an “As Is” basis only.  To the fullest extent permitted by law, we disclaim any warranty or liability of any kind in relation to the Website Content (whether express, implied, statutory or other) including without limitation in relation to its accessibility, reliability, accuracy, completeness, quality, fitness for any purpose, compatibility, merchantability, performance, timeliness, security, title or non-infringement of any rights.

Without limiting the above, we do not make any representation or warranty that:

• this website will be fully functional or free from malfunction, failure or error;
• the Website Content or any Third Party Materials will be secure or free from viruses, trojan horses, worms, spyware or any other malicious, destructive or harmful components or actions; it is your responsibility to take all appropriate safeguards before downloading any Website Content;
• access to the Website Content will be available at all times or uninterrupted; or
• the Website Content will be accessible, accurate, complete, reliable, up to date, or fit for any purpose.

You are solely responsible for, and waive and release us from any claim or liability in relation to, any loss, damage, cost, expense or liability of any kind incurred by you or anyone acting for you or on your behalf (Your Agents) directly or indirectly on any account in connection with your access to, use of or reliance on the Website Content, which are entirely at your own risk.

These provisions do not affect any statutory rights you may have under the Australian Consumer Law or any other applicable legislation which does not allow for the exclusion or limitation of warranties.

Limitation of liability

To the maximum extent permitted by law, we and our directors, officers, employees, contractors and agents (Our Group) will not be liable for any loss, damage, cost, expense or liability of any kind, including legal costs and expenses, suffered or incurred by you directly or indirectly including due to third party claims (Losses) in connection with the Website Content, however and whenever incurred regardless of their legal grounds, whether arising under statute, contract, in torts (including negligence), common law or otherwise, including without limitation Losses caused in connection with:

• reliance on the Website Content;
• the availability, functionality, reliability, operation, completeness, accuracy, security or timeliness of the Website Content;
• access to or use of, suspension or limitation of the access to or use of or the failure to access or use, the Website Content;
• defects, viruses, delays, interruptions, errors, omissions or failures related to the Website Content;
• any changes made to the Website Content or its scope, design or layout;
• the conduct of third parties accessing, using or posting Website Content and any communication you may have with them; and
• your access to or use of Third Party Materials and any communication or transaction you have with Third Parties.

Without limiting the above Our Group will not be liable for any indirect, incidental, consequential, special or similar Losses suffered or incurred by you or Your Agents, however and whenever incurred regardless of their legal grounds, whether arising under statute, contract, in torts (including negligence), common law or other, including without limitation loss of profit, opportunity or revenue, business interruption Losses or Losses to systems, equipment or data.

To the extent any applicable law does not allow the exclusion of liability of Our Group in accordance with these terms, such liability will be limited to the fullest extent permitted by law, at our option, to the re-supply of the services giving rise to the liability or to the refund of any amounts irrevocably received by us from you for such services.

The limitation of the liability of Our Group as specified in these terms will apply even if we have been advised of, or should have been aware of the possibility, of any loss or damage arising.

Indemnity

You will fully indemnify Our Group and hold it harmless from and against any loss, damage, cost, expense or liability of any kind, including legal costs and expenses, suffered or incurred by Our Group directly or indirectly (including due to third party claims) in connection with any breach of these terms or access to or use of the Website Content or Third Party Materials or infringement of third party rights or any wilful or negligent act or omission by you or Your Agents.

General

No failure or delay in exercising any right, power or remedy conferred by these terms will operate as a waiver of or otherwise prevent the exercise of the right, power or remedy.

If any of these terms is deemed invalid or unenforceable in any jurisdiction, it will be deemed to have been deleted without affecting the validity and enforceability of the other terms in that jurisdiction and of that term in other jurisdictions.

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent, we may however assign or transfer ownership of your personal information collected by us at any time.

Applicable law 

These terms are governed by the laws of the State of New South Wales, Australia, without giving effect to any conflict of laws principles. By accessing or using the Website Content you consent to the exclusive jurisdiction of the competent court in the State of New South Wales, Australia in all disputes arising in connection with this Website or the Website Content.

Background

Horizon Habitats Pty Limited and/or its affiliates (Us, Our, We or the Company) provides building and construction services (Services) to a broad range of clients. This policy explains how the Company uses and discloses Personal Information collected or received by it in relation to individuals (you) and how it is handled and protected by the Company.  Personal Information is defined in the Privacy Act 1988 (Cth) and related regulations (Act) as information or an opinion, whether true or not and whether in material form or not, about an identified or reasonably identifiable individual.

By providing Personal Information to us in any way (verbal, written or electronic) or requesting or receiving our Services, either directly or via someone acting on your behalf, you acknowledge that you have read this Privacy Policy, understood it and you consent to the collection, use and disclosure of your Personal Information in accordance with it.  If you do not accept the terms of this policy, please do not provide to us any Personal Information (but note that this may prevent or limit us from providing the Services to you).

The Company’s website may give access (via links, advertisements or otherwise) to third party websites, materials, products, services or activities.  The Company is not responsible for the privacy practices or policies of such third parties (nor the availability or reliability of their services or the accuracy or completeness of their website content), and you should read their terms and policies carefully before providing any Personal Information to these third parties (at your own risk).

We may vary or update all or part of this Privacy Policy at any time by posting the updated policy here, and the “Last Updated” date at the bottom indicates the date of the last changes made. If you do not accept changes made you should not provide to us any Personal Information after the “Last Updated” date.

Types of Personal Information collected by us

Personal Information that may be collected by us from you or about you varies depending on the dealings you have with us, and may include

• Customer information: information provided by or received from you or in relation to you as a customer of the Company including without limitation your name, date of birth, age, gender, address and location for Services, email address, contact phone and photos or images.
• Services information: information relating to the Services requested by you or provided to you, including without limitation the date, time and location of the Services, the type of Services provided and photos and video footage taken of the property, dwelling, building or other subject matter of the Services provided.
• Financial information includes details of invoices and payments for Services provided, billing addresses, bank account details, payment facility details (including information related to cheques, money orders and credit cards), along with transactional information such as the type and quantity of Services purchased.
• Digital activity information: information produced during or in relation to your digital, electronic or online activity (if any) when accessing the Company’s website or in relation to the Services, for example the content you access, web pages you visit, links you click, features you use, advertisements you view, the time, date and login information of your activities and technical information relating to the device used by you (including browser type and language, the location of your communication device and its internet protocol (IP) address), phone number used and associated carrier.

Most of the usage data is collected using data collection tools which are typically small data files or software sent to your browser and stored on your computer or mobile device (such as cookies or web beacons). Most browsers allow to block, disable, erase or receive notification about such tools, however blocking or erasing them may prevent or limit your digital activity.

We may also collect aggregated, anonymous statistical information about the website traffic and visitor’s data, such as the number of visitors to the website, the number of pages viewed, the date, time and duration of visits and how the visitors came to the website. This information is about the way the website is used and is not associated with an individual’s identity.

• Job applicants’ information: information provided by job applicants or recruiters including in job applications and accompanying communications, resumes and background searches.
• Service providers’ information: information provided by suppliers, contractors, subcontractors, consultants or agents who provide products and services to us.

You should not provide to us Personal Information about someone else unless you have first obtained their consent to provide it.

You have no obligation to provide to us Personal Information, but if you do not provide it we may not be able to provide the Services to you, or our ability to do so may be limited or affected.

How we collect Personal Information:

Personal Information may be collected by us from you or about you in different forms (in hard copy, by hand, by post, by email or other electronic communication, online, by facsimile, verbally over the phone or in person) and in various ways, whenever you interact or transact with us, including:

• When you request Services, tenders or quotes in relation to Services;
• When you enter into an agreement with us in connection with the Services;
• When you submit or provide to us or make available to us in any way any information, documents, instructions, forms, application, requests, suggestions or a complaint;
• When you make a telephone or online enquiry;
• When you request information from us;
• When you seek to provide services or products to us (as a supplier, contractor, subcontractor, consultant, agent or other), receive services from us or otherwise transact with us;
• When you apply for a job with us; or
• When you contact or interact with any of our associated entities, partners, suppliers; or
• When we contact third parties on your behalf or at your request (including without limitation neighbours, councils, financial institutions).

You agree that we may also obtain information about you from:

• Anyone acting for you or on your behalf including family members, service providers, consultants, representatives, agents and others;
• Publically available sources, information services providers, credit reporting agencies;
• Third parties who are or were in contact with you in relation to the Services (in relation to your communications, activities or transactions with them);
• Third parties you permitted or authorized us to obtain information from;
• Our services providers (contractors, subcontractors, suppliers, agents) and partners; and
• Our related entities, including parent and sister companies and subsidiaries.

 

We may also collect information by other means and will take all reasonable steps to inform you if and when we do.

What purpose do we collect, use and disclose Personal Information for

We collect, use and/or disclose Personal Information received by us for the following purposes (subject to any applicable law) (Specified Purposes):

• To verify your identity;
• To set up, maintain, administer and monitor your customer account with us;
• To assess or process any request or application submitted by you;
• To provide to you information you have requested;
• To process your payments or transactions (directly or through our service providers);
• To assess, provide, administer, manage, monitor, review, customise or improve a services or products you have acquired or requested to receive, are receiving or have received or acquired from us (directly or through third parties);
• To assess, administer, monitor, review or improve services or products you have agreed to provide, are providing or have provided to us (directly or through third parties);
• To enable third parties (in Australia and overseas) to provide to you products or services you have requested, or receive from you products or services you have agreed to provide;
• To provide to you information, offers, newsletters or updates that may be of interest to you (including direct marketing materials), unless you indicate that you do not wish to receive them;
• To develop, facilitate, maintain, monitor, measure, protect and improve our services in general and enhance customer experience;
• To handle any complaint or respond to any feedback received from you or others in relation to you;
• To ensure compliance with, or detect, investigate, report or address a breach of, this privacy policy, our terms of services, our agreement with you or any applicable law;
• To detect, prevent, report or address fraud, security or services disruption or interference;
• To protect or defend the rights, property or safety of the Company, its customers, suppliers, contractors, subcontractors, consultants or the general public (including defending against potential or existing legal claims);
• To facilitate our marketing and promotional activities (including by posting testimonials on our website);
• In connection with a possible acquisition of shares or assets of our Company;
• To assess or process any job application;
• For any other purpose you agree to; and
• For any purpose related to the above purposes that can reasonably be expected by you or is permitted by law.

 

Direct marketing and opting out

By providing your Personal Information to us, you agree that we may use or disclose your Personal Information to communicate to you information, offers, promotions and marketing materials relating to products, services or events which we believe may be of interest to you. Such direct marketing communications may be verbal (by phone) or written or electronic (by post, facsimile, email, text or other digital communication or a software or application used by you).

You may withdraw your consent to receive such communications by:

• Contacting us by phone or email (see our contact details further below); or
• Selecting the “opt out” or “unsubscribe” link, or following the opt out instructions that are included in such communication.

Who we disclose Personal Information to

We may disclose your Personal Information to third parties if and as needed for the Specified Purposes described above. Such third parties may include, without limitation:

• Anyone who provides a product or service to us in relation to the Services;
• Third parties you have contacted, communicated or transacted with in connection with the Services;
• Entities that are or become affiliated with us, such as parent or sister companies, subsidiaries or entities acquiring control of us or merging with us or who acquire our business;
• Our agents, contractors, subcontractors, suppliers, services providers, consultants or advisors who are acting for us or on our behalf in Australia and overseas in connection with the Specified Purposes, including without limitation:
• Merchants for payment processing
• Credit reporting agencies;
• Debt collectors;
• Marketing, sales and customer services providers;
• Providers of ICT services including data processing, analysis, hosting, storage, security, protection, routing and website related services;
• Recruiters; and
• Lawyers, accountants, tax advisors and professional advisors.
• Your authorized representatives and advisors if requested by you;
• Entities we are required by law, a government regulatory or competent court order to disclose the Personal Information to; and
• Law enforcement, government and regulatory agencies (such as the police).

 

We may also disclose your Personal Information to third parties for purposes other than the Specified Purposes if you consent to this, if it is permitted by law or if such purposes are related to the Specified Purposes and you would reasonably expect such disclosure.

We may retain your Personal Information for as long as it is needed for any of the Specified Purposes or other permitted purpose.

Disclosure of Personal Information to overseas recipients

Some of the entities we disclose Personal Information to as mentioned above may be located overseas.

To the extent required by law, we will take reasonable steps to ensure that the overseas recipients do not breach the Australian Privacy Principles, or are bound by enforceable laws or schemes substantially similar to them.

How we protect Personal Information

We hold Personal Information in a number of ways, including in hard copy form and in electronic databases and files, both at our own premises and at external data hosting facilities.

We are committed to the protection of Personal Information collected by us and have put in place various industry standard security measures (physical, procedural and electronic) to secure and protect it from loss or unauthorized access, disclosure or use.

While such measures reduce the risk of security breaches, no method of transmitting or storing data provides absolute or perfect protection. We can not guarantee that Personal Information will not be accessed, used, or released in a manner that is inconsistent with this policy. To the fullest extent permitted by law, we will not be responsible for any such unauthorized access or use or its consequences.

How you can access and correct Personal Information

You may contact us at any time (using our contact details further below) and request to access or correct any Personal Information we hold about you. We will need to verify your identity and may ask for further details before processing your request, and may charge you a fee to cover the reasonable administrative costs involved.

We may refuse your request to access or correct Personal Information in certain circumstances permitted by law. In such case we will notify you in writing of the reasons for the refusal no later than 30 days after receiving your request (unless it would be unreasonable to do so) and advise you of any complaint mechanisms available.

We may retain a copy of any Personal Information before and after any changes, updates or deletions for internal back up, administration, compliance, enforcement, protection and defense purposes.

How you may contact us and how you may lodge complaints

If you wish to access or correct personal information we hold about you or if have any feedback, question, concern or complaint in relation to any matter relating to this privacy policy or its implementation, please contact us in one of the following ways:

By Email to [email protected]

By Phone on +61 (2) 9388 1050

By Post to PO BOX 626, Rose Bay NSW 2029, AUSTRALIA

 

We will endeavor to deal with any complaint within 30 days of duly receiving it. If further information or investigation is required to resolve your complaint we will notify you of what is required and we will keep you updated as to the progress of the investigation and the expected time for response.

If you are unhappy with our response, you may refer your complaint to the Office of the Australian Information Commissioner or other appropriate body.

Last updated [25^th January 2017]