4. Accessing Home-in

Home-in can be accessed using the App or Website. You can download the App from (depending on your Device) either the App Store or the Google Play Store. Home-in will use the mobile number and email that you provide in registration to set up your Home-in account.  

You can use the App or Website if you intend to purchase or sell residential property with another person(s), however only one person may access or use the App or Website for the purposes of the transaction. You will need to provide information on all parties of the transaction in the App or Website, including full name, date of birth, email address and residency status.  

It’s your responsibility to ensure you have obtained consent from all other parties to share this information with Home-in. All parties will also be required to acknowledge that they will be jointly responsible for instructions, requests and transactions you make using the App and Website. We may also use this information to provide these other parties with information relevant to the transaction.

If you intend to purchase or sell the residential property with another company we may require you provide details of that company, including relevant personal details of the directors and if you provide such information that provision will imply that you have their consent to share such information with Home-in.

To use the App or Website you will need to:

• be an individual or a director acting on behalf of a company;
  
• be aged 18 years or over; and
• provide all information required by the App or Website.

Your access to the Service is subject to you passing appropriate identity authentication for security purposes. Unless you tell us otherwise, we'll try to assist you if you fail the process, but we do not have to notify you of the reasons why it was not successful.  Unless expressly provided otherwise in these Terms of Use, if you register to use the App or Website then you agree that:

• you will not use another person’s email address, identity or contact details;
  
• you will not sell, transfer, or assign any rights you have in relation to the App or Website – this includes sharing your access or information from the App or Website with any other person;
• you are solely responsible for all activities that occur using your password (including where your Biometric Identifiers are   used as your password) and login, whether or not you authorize the activity;
• you are solely responsible for maintaining the confidentiality of your password and login for restricting access to the device on which the App or Website is installed;
• we will not be liable for any loss or damage that you or any third party suffer, howsoever caused, as a result of your failure to comply with your obligations in these Terms of Use; and
• we may reject the use of any email address or password (including the use of your fingerprint as your password) for any reason in our sole discretion.

5. Your obligations

You must not:

1. use the App or Website for any unlawful or defamatory purpose;
2. use the App or Website to:
   a. collect others personal information;
   b. stalk, harass or bully; or
   c. post threats of violence;
3. submit data through the App or Website that:
   a. infringes a third party’s IP rights;
   b. is deceptive or fraudulent; or
   c. contains viruses, bots, worms, scripting exploits or similar materials.
4. tamper, reverse engineer, hack or circumvent security measures of the App or Website;
5. modify or disable any part of the App or Website;
6. impose a large load on the App or Website that consumes extraordinary resources (including by the use of robots, spiders or automated systems); or
7. misrepresent yourself or disguise the origin of data submitted through the App or Website.

6. How to protect your account

You must act with care in protecting your account and password.

Do:

• lock your Device where possible and take reasonable steps to stop unauthorised use of the App or Website or disclosure of your password;
  
• only install approved applications on your Device;
• memorise your password as soon as possible, then destroy or delete any record of it;
• if you need to keep some ‘prompts’ to assist you to remember your password, disguise them so that others can’t decipher them; and
• regularly change your password.

Don’t:

• override the software lockdown on your Device (i.e. jailbreak or root your Device);
  
• write down your password, or any prompts that could allow others to guess your password;
• keep a copy of your password on your Device;
• tell your password to anyone – not even family or friends;
• use your birth date or a numeric version of part of your name, or a number or word that someone can easily guess as your password;
• let anyone see your password when you’re using it; or
• use an existing password that you have for a debit or credit card.

If you believe your password or account details have become known to someone else, notify us immediately by raising a request for support in the App or on the Website, or by emailing us at support@home-in.com.au.

7. Using fingerprint, face or iris recognition for access

Where using the App, you may be given the option of using your fingerprint, facial recognition or similar biometric identifiers (Biometric Identifiers) as your password when this becomes available and if supported by your Device. If you choose to use Biometric Identifiers for the App, you will still need your password and must set and protect your password in the manner outlined in these Terms of Use. For certain transactions, you may still be prompted to enter your password as an additional security measure.

You must not activate, or keep activated, the Biometric Identifier access setting if you store any Biometric Identifier on your Device other than your own Biometric Identifier. If you do allow anyone else’s Biometric Identifier to be stored on your Device, and if you activate the Biometric Identifier access setting (despite this being against these Terms of Use) you will be deemed to have authorised that person to use Home-in on your behalf and you agree that you will be responsible for that person’s requests and transactions using the App.

If you or someone else changes the Biometric Identifier access settings on your Device, then (as a security measure) Biometric Identifier access to the App will become disabled and you will be prompted to enter your password to log on to the App. You should only re-enable the Biometric Identifier access setting if you are sure that the changes that were made to your Biometric Identifier access settings were made by you.

Biometric Identifier functionality is technology provided by third parties such as Apple, Google and mobile phone manufacturers. Accordingly, we are not responsible:

• for any malfunction to the Biometric Identifier functionality; or
  
• if those third parties make any changes to Biometric Identifier technology that impacts the way you access the App.

You will still be able to access the App using your password.

8. Fees and charges

There are currently no fees charged by us for using the App or Website. However, there are fees and charges for use of the services provided by Service Providers and accessed via the App or Website. Fees and charges for these third party services are disclosed in the Service Provider’s terms and conditions found after logging into the App or Website or Service Provider's app or website (as the case may be). These fees relate to the services performed by Service Providers. Home-in may provide a payment mechanism for you to pay fees and charges in relation to services provided by Service Providers.

We may receive a payment from the Service Provider, third party lender or financial services provider. Further information will be provided should you decide to proceed with engaging the relevant Service Provider, third party lender or other financial services provider.

9. Making a complaint

We try to get things right the first time – but if we don’t, we will do what we can to fix it. You can raise a request for support or, if necessary, make a complaint directly in the App or on the Website, or by emailing us at support@home-in.com.au.

We will:

• keep a record of your complaint;
  
• give you a reference number and a staff member’s name and contact details so you can follow up with them if needed;
• respond to the complaint within 21 Business Days, or tell you if we need more time to complete our investigation;
• do our best to give you our final response within 45 Business Days; and
• if we can’t complete our investigation within 45 Business Days, we’ll let you know why.

The App or Website is not provided by Apple, Google or any other third party distributor. Accordingly, any queries or complaints regarding the App or Website (including but not limited to issues relating to intellectual property) should be directed to us. This condition applies for the benefit of Apple, Google and any other third party distributor.

10. Termination, cancellation and suspension of use

We reserve the right to terminate, suspend or otherwise limit your access or use to our Service (without any prior notice to you), if:

• you are misusing your Home-in account;
  
• you are engaging in fraudulent or unlawful behaviour;
• you don’t follow or are in breach of these Terms of Use;
• you have provided your password to another person to use (for example your partner, spouse, child, friend or parent);
• we have reason to believe that the App or Website has been or may be used illegally or in a way that may cause loss to you or us;
• we consider it necessary to manage our regulatory or other obligations;
• we are required to do so in order to comply with any applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanction laws);
• you gave us false or inaccurate information when you registered for the App or Website;
• you include or use inappropriate content, behaviour on the App, Website or with our staff;
• we consider it necessary for security, technical, maintenance or operational reasons where we consider it reasonably necessary or appropriate to do so in accordance with our legitimate business interests; and/or
• we otherwise reasonably believe to do so protects our legitimate business or security interests.

If you do not or are unable to provide the required personal identification information or information required by the eligibility criteria outlined in section 4 of these Terms of Use, or if we are not satisfied as to your identity, we may refuse to provide you with access to any or all of the Service.
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If You wish to cancel your account and access to Services including ongoing reminders and notifications, please do so by raising a request for support in the App or on the Website, or emailing us at support@home-in.com.au.

11. Your information

Home-in collects and stores information when you:

• in the case of the App, download, install and use the App, and register for and login to use the App and the Services accessed via the App; and
  
• in the case of the Website, access and use the Website, and register for and login to use the Website and the Services accessed via the Website.

You must give us accurate and complete information. Otherwise, you may be breaking the law and we or your Service Providers may not be able to provide you with the products and services you require. If you change your personal details (for example, name or email address) you must tell us straight away.

Home-in’s collection and use of your personal information is governed by its Privacy Policy, which can be viewed here: https://www.home-in.com.au/privacy

For privacy related enquiries, please contact us using the contact details set out in our Privacy Policy.  

12. Intellectual Property

By using the App or Website you agree that:

• you do not have any right, title or interest in or to any proprietary rights relating to the information contained in the App or Website; and
  
• You may not copy or reproduce the underlying source code or software either in full or in part, nor attempt to in any way modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer or de-compile in any way any material from the Website or the App including the source code or software. You are not licensed to use or install the source code or software, other than as specifically authorised by us. We reserve the right to add, remove or vary any source code or software.

13. Liability

Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited.

Subject to such implied or imposed matters, to the maximum extent permitted by law, our liability to you for any claims under or relating to these Terms of Use or arising in connection with your use of the App or Website, whether in contract, tort (including negligence) or on any other basis, is limited to at our option:

• the supply of the services again; or
  
• the payment of the cost of having the services supplied again.

14. Other things you should know

14.1 Changes to these Terms of Use

We may change these Terms of Use at any time. We will notify you of any material changes by electronic notice to your registered email address. Your continued use of the App or Website after any such variation or modification will be taken to be an acceptance of such variation or modification. We may however also require you to confirm your acceptance of changes to continue using the App or Website.

If we make a change that you are not happy with, you should:

• if using the App, cease using and uninstall the App immediately; or
  
• if using the Website, cease using the Website immediately; and
• cancel your account by raising a request for support in the App or on the Website, or emailing us at support@home-in.com.au.

14.2 Severability

If any provision or part of any provision of these Terms of Use is deemed invalid, this will not affect the validity of the remaining provisions or part the remaining part of the affected provision of these Terms of Use, which will remain in full force and effect.

14.3 Waiver

A failure by x15ventures to assert any right under these Terms of Use will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term.

14.4 Assignment

You cannot assign or otherwise transfer any of your rights granted under these Terms of Use without the prior written consent of x15ventures. x15ventures can assign or otherwise transfer any of its rights under this agreement at any time.

14.5 Links

Any links to third party sites appearing in the App or Website are provided for your convenience only. Your access of third party sites using these links is done at your own risk.

14.6 Applicable law

These Terms of Use are governed by, and will be construed according to, the laws of the State of New South Wales.

By using the App or Website you irrevocably submit to the jurisdiction of the Courts of the State of New South Wales and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms of Use.

14.7 Services only provided to Australian residents

This App and Website (including the Services provided through the App and Website) are only available to Australian residents and by agreeing to these Terms of Use you represent that you are an Australian resident or a company incorporated in Australia.

14.8 Contact

If you have any questions or comments relating to the App, the Website or these Terms of Use, please do not hesitate to contact us by raising a request for support in the App or on the Website, or by emailing us at support@home-in.com.au.

14.9 Meaning of words

"Business Day" means a day on which banks are open for general banking in Sydney, not being a Saturday, Sunday or public holiday. 

"Device" means:

• Apple devices that meet the requirements listed in the Apple App Store;
  
• Android devices that meet the requirements listed in the Google Play Store; and
• computers or other devices on which the browser is compatible with the Website.