Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- We may amend these Terms, the features of the Platform at any time, by providing written notice to you;
- Your Account can be suspended or terminated in accordance with these Terms;
- To the maximum extent permitted by law, we will not be liable for Consequential Loss, any loss that is a result of a Third-Party Service, or any loss or corruption of data;
- To the maximum extent permitted by law, our Liability under these Terms is limited to us resupplying the Platform to you; and
- We may terminate your Account at any time by giving 30 days’ written notice to you.
Nothing in these terms limit your rights under the Australian Consumer Law.
This Platform (Platform) is operated by Abodely Pty Ltd (ACN 656 926 019) (we, our or us). These terms and conditions (Terms) are between us and you, the person or entity registered with us as an Account holder.
We provide a Platform focusing on homes and dedicated to home renovation and design, where:
You can upload images of your home; and/or
Browse the Platform for inspiration from other users’ homes.
You must create an account (Account) to access the Platform’s full features.
You must provide basic information when registering for an Account including your name and email address and you must choose a display name and password.
You may also register for an Account using your Facebook, Google, Apple or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
You accept these Terms by registering on the Platform.
You must be at least 16 years old to use the Platform.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Account in accordance with the “Cancellation of Accounts” clause 14.1.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
publishing, including via the chat function (or similar), any images or information that is:
misleading or deceptive, or is likely to mislead or deceive;
offensive or likely to cause offence;
any material which is or is likely to promote your business for commercial purposes, without our express written consent; or
any material which is or is likely to defame any person; or
any material which is or is likely to be considered illegal; or
any material which breaches or is likely to breach any third party intellectual property rights.
tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
reverse engineering the Platform or any function thereof;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
facilitating or assisting a third party to do any of the above acts.
Once you register an Account, we agree to provide you with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your Account.
We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the ‘User Feedback’ on the Platform, over the phone, via email etc. We will endeavour to respond to any support requests in a reasonable period, but make no warranties or assurances in that regard.
You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data or media content you input into the Platform.
To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us for example, cloud storage providers, CRM systems, data providers and internet providers (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
You acknowledge when you use our Platform, you are responsible for:
complying with the requirements of; and
complying with the applicable licensing obligations of;
any such Third Party Services.
You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
You must not, without our prior written consent:
copy, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
you do not assert that you are the owner of Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.
This clause will survive the termination of your Account.
You own all data, information or content you upload into the Platform (Your Data), as well as any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below). In the event you upload any third-party Data or information, you warrant you have all relevant permissions to so upload and provide to us the Licence below in relation to such data, such that any such data shall be considered Your Data for the purpose of these terms.
You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:
communicate with you (including to send you information we believe may be of interest to you);
supply the Platform to you and otherwise perform our obligations under these Terms;
diagnose problems with the Platform;
enhance and otherwise modify the Platform;
develop other services, provided we de-identify Your Data; and
as reasonably required to perform our obligations under these Terms.
You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that:
you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
We do not endorse or approve, and are not responsible for, any of Your Data.
You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.
This clause will survive the termination Account.
You represent, warrant and agree that:
you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
you will not use the chat function for promotional or commercial purposes without our express written consent, and any use in contravention of this provision may result in the suspension or termination of the relevant Account;
all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
This clause will survive the termination of your Account.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
Any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms;
Any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us;
any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform;
the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or
any event outside of our reasonable control (whether known or unknown at the time if entering into these Terms).
Despite anything to the contrary, to the maximum extent permitted by law:
we will not be liable for Consequential Loss;
our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you.
This clause will survive the termination of your Account.
Cancellation of Accounts: You may request to cancel your Account at any time via ‘delete Account’ feature in your profile settings . Your cancellation will take effect immediately once you have confirmed to delete your data.
We may terminate your Account at any time by giving 30 days’ written notice to you (Termination for Convenience).
An Account will be terminated immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
Notwithstanding any contrary provision, if we determine at our sole discretion and acting reasonably, that you have committed a serious breach of these Terms, we reserve the right to immediately terminate your Account (Immediate Termination). If you do not agree with the Immediate Termination, you may submit an appeal to our Email within 3 Business Days specifying why your Account should be re-instated. We will consider your appeal, and acting reasonably, issue our final response and decision within 14 Business Days.
Upon expiry or termination of your Account, we will remove your access to the Platform and your Account will be deleted;
Termination of an Account will not affect any rights or liabilities that a Party has accrued under these Terms.
This clause will survive the termination or expiry of your Membership.
Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
Governing law: These Terms are governed by the laws of New South Wales, in the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guideline.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in these Terms, and:
Account means an account accessible to you;
Account holder means the individual or Entity that signed up to our Services;
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time;
Business Day means a day on which banks are open for general bank business in New South Wales, excluding Saturdays, Sundays and public holidays;
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing;
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property;
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Services, and includes the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth);
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise; and
Third Party Services means third parties or any services provided by third parties, including software providers, suppliers or other subcontractors which the provision of the Services may be contingent on, or impacted by;
For any questions or notices, please contact us at:Abodely Pty Ltd Email: email@example.comLast update:
25 July 2022.