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.
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.
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.
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.