Home by Jacinta

Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.homebyjacinta.com.au (Website). The Website is operated by Home by Jacinta Pty Ltd (ABN: 68 619 151 932) (Home by Jacinta).

1.2. The Website provides you with an opportunity to browse the site and Home by Jacinta’s services (Services).

1.3. Access to and use of the Website is provided by Home by Jacinta. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

1.4. Home by Jacinta reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or continuing to browse the Website.

3. Information Disclaimer

3.1. Any information, advice, content or documentation provided on the Website, through the social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

3.2. All care is taken in the preparation of the information and published materials on the Website, through social media accounts, podcast, or on any other related platform. Home by Jacinta does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

3.3. To the extent permissible by law, Home by Jacinta will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the any social media accounts or on any other related platform.

4. Copyright and Intellectual Property

4.1. The Website and all of the content of Home by Jacinta are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Home by Jacinta or its contributors.

4.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Home by Jacinta, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device's cache memory; and

4.3. Home by Jacinta does not grant you any other rights whatsoever in relation to the Website or any content on the Website. All other rights are expressly reserved by Home by Jacinta.

4.4. Home by Jacinta retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

4.5. You may not, without the prior written permission of Home by Jacinta and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content on the Website or for any purpose, unless otherwise provided by these Terms.

5. Privacy

Home by Jacinta takes your privacy seriously and any information provided through your use of the Website and/or the Servicesare subject to Home by Jacinta's Privacy Policy, which is available on the Website.

6. General Disclaimer

6.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

6.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Home by Jacinta will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

6.3. Use of the Website is at your own risk. Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Home by Jacinta make any express or implied representation or warranty about the content on the Website.

7. Third Party Services

The Website may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Home by Jacinta does not control any Third-Party Services. Home by Jacinta additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by Home by Jacinta of these Third-Party Services and Home by Jacinta will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

8. Limitation of liability

8.1. Home by Jacinta's total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (excluding negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you

8.2. You expressly understand and agree that Home by Jacinta, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

9. User Generated Content

9.1. If you choose to contribute any content to the Website or any other platform operated by Home by Jacinta, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

9.2. By contributing content to the Website, you grant Home by Jacinta a royalty-free, non-exclusive, revocable license to use Your Content in connection with the Website, Services, and Home by Jacinta's related marketing and promotional activities. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Home by Jacinta.

9.3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Home by Jacinta can use that information with Your Content for advertising and promotional purposes, or any other business purpose.

9.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Home by Jacinta social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Home by Jacinta. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

9.5. Please ensure you keep your own copies of Your Content as Home by Jacinta may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

9.6. Home by Jacinta will endeavour to provide you with an appropriate credit when using Your Content on Home by Jacinta platforms, though you understand and agree this may not always be possible.

9.7. Home by Jacinta reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

10. Mailing List Registration

10.1. You may be given the option to register for the Home by Jacinta Mailing List (Mailing List).

10.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.

10.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Home by Jacinta.

11. Indemnity

11.1. You agree to indemnify Home by Jacinta, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees)incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website in breach of these Terms or applicable law; and/or

12. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

13. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Victoria, Australia.

14. Independent Legal Advice

These Terms are intended to be fair and reasonable. You acknowledge that you have had the opportunity to review these Terms before using the Website.

15. Severance

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