0413 409 603 or 0423 044 463 hello@loveyourhomesc.com.au

The Boring Stuff

Terms & Conditions - Private policy

Terms and conditions

The Terms of Use of the Love Your Home South Coast website include these Terms and Conditions and the Privacy Policy.

We acknowledge that there may be certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law relating to the supply of goods and services under these Terms which that law expressly provides may not be excluded, restricted or modified (“Statutory Guarantees”).  Nothing in these Terms excludes, restricts or otherwise modifies the Statutory Guarantees.

Website and access

Love Your Home South Coast tries to take reasonable care in preparing and maintaining the information on this website. However, we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. By visiting this website you acknowledge and accept that the website content may contain inaccuracies and typographical errors.

Accuracy and relying on our website

The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it. It is your duty to contact us directly to ensure the accuracy and currency of the material or information you seek to rely on.

To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Love Your Home South Coast disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.

We do not guarantee that access to the Love Your Home South Coast website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses this website or any data on such a computer.

Limitation of liability

To the maximum extent permitted by law, Love Your Home South Coast excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of this website except to the extent that the loss or damage is directly caused by our fraud or wilful misconduct.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, our liability for breach of such a warranty or guarantee shall be limited in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

Comments and other submissions

Any material you send to us on or via the Love Your Home South Coast website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

 

 

Intellectual property

The materials displayed on this website, including without limitation all editorial materials and information, are the property of Love Your Home South Coast unless otherwise indicated and are protected by intellectual property laws.

Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our prior consent.

Save for the above, and unless expressly granted, Love Your Home South Coast, does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content incorporated into this website.

If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please email us at hello@loveyourhomesc.com.au.

Your personal information

You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

Third party websites

The Love Your Home South Coast Website may contain links to other websites operated, controlled or produced by third parties. We are not responsible for the content of other services that may be linked to our site as we have no control over them. Unless otherwise indicated, we do not endorse, sponsor or approve any such third-party websites or their content nor does Love Your Home South Coast provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of NSW, Australia. In the event that a dispute arises from these Website Terms and Conditions, Love Your Home South Coast and you agree to submit to the non-exclusive jurisdiction of the courts of NSW, Australia.

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The section titles of these Terms are for convenience only and shall be ignored in the construction or interpretation of these Terms.

Privacy policy

The terms of this Policy form part of our website terms and conditions, which form part of the agreement between you and us (LYH Agreement). Use of the Love Your Home South Coast website is governed by Australian law.

Defined terms

This clause defines terms used in this policy. Other terms are defined elsewhere in this policy.

collect                 includes to hold or store following collection.            

disclose               may include to transfer.

Legal Reasons      means any if the following:

  • it is unreasonable or impracticable to obtain your or the individual’s consent and the collection, use or disclosure of the Personal Information is necessary to lessen or prevent a serious threat to an individual’s life, health or safety, or a serious threat to public health or safety;
  • we believe the collection, use or disclosure of the Personal Information is necessary in order for us to take appropriate action if we have reason to suspect unlawful activity or serious misconduct in relation to our functions or activities has been or is being engaged in;
  • the collection, use or disclosure of the Personal Information is required or authorised by or under an Australian law or a court / tribunal order;
  • the collection, use or disclosure of the Personal Information is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim;
  • the collection, use or disclosure of the Personal Information is reasonably necessary for the purposes of a confidential alternative dispute resolution process; and
  • we reasonably believe that the use or disclosure of the Personal Information is reasonably necessary for enforcement related activities by an enforcement body.

LYH         is Love Your Home South Coast ABN 60270723856.

Personal Information     is information about an identified individual or an individual who is reasonably identifiable, including Sensitive Information.

Sensitive Information     is Personal Information of a sensitive nature, such as information about race, ethnicity, political opinion, religious beliefs or sexuality.

use            may include to disclose or transfer.

we             means Love Your Home South Coast ABN 60270723856.

us              means Love Your Home South Coast ABN 60270723856.

you            means:

  • the individual who has entered into an agreement with LYH, including by using our website, if the person who has entered into the agreement is an entity (e.g. a company) and not an individual, then in this policy you means any individual connected with the entity and who supplies Personal Information to us in the course of the entity’s performance of the agreement with ; or
  • the individual reading this policy, if that individual is also an individual in relation to whom we must, pursuant to the Privacy Act 1988 (Cth), abide by this policy.

Collection

We collect Personal Information about you:

  • when you provide it to us in the course of completing information fields (eg name, email address, phone number); and
  • in relation to your IP address or cookies, in the course of using the website.

We also collect the following kinds of Personal Information about you:

  • Name, email, postcode and suburb location

We hold your Personal Information on internet servers operated by hosting service providers. We have entered into services agreements with those service providers.

Reasons for collection

We collect only such Personal Information as we need to collect in order to supply our services. To the extent (if any) that the Personal Information is Sensitive Information, we will not collect that information without your consent. To the extent that we do not need to collect Personal Information about you, you are not obliged to provide that information to us.

Specifically, we collect Personal Information (as relevant):

  • to enter into contractual relations with you;
  • to identify you as a party to an agreement with us, including by using our website;
  • to supply our services to you;
  • to enable you to use any goods we may supply;
  • to assist us to improve our services;
  • for Legal Reasons (as applicable); and
  • to otherwise comply with our obligations under law.

If you do not enable or permit us to collect this Personal Information, then we may not be able to all of the things set out in paragraph (b).

Collecting entity

The entity collecting Personal Information is Love Your Home South Coast (ABN 60270723856) of PO Box 933, NOWRA NSW 2541.

Use of personal information

We use Personal Information to supply our services to you and to send you communications about these matters, such as administrative notices.

If you provide your name and mobile phone number or email address to us, you thereby consent to our using your Personal Information to market our services to you, such as by adding you to our mailing list and notifying you of promotional offers.

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If you provide your name and mobile phone number or email address to us, you thereby consent to our using your Personal Information to market our services to you, such as by adding you to our mailing list and notifying you of promotional offers.

You may withdraw this consent at any time at no cost. All our direct marketing communications will include an unsubscribe or other opt-out mechanism.

You have control over whether you provide cookies or an IP address to us. We will not use your Sensitive Information (if any) in relation to direct marketing without your consent. We will not ‘spam’, sell or rent your email address

We may also use Personal Information for compiling general information that is not itself Personal Information (General Information). General Information may include aggregated statistical information about your attributes, interests and activities.

We may use General Information to, among other things, better understand our clients’ needs and improve our services. We may also use Personal Information for Legal Reasons

Disclosure by us

Generally speaking, we will disclose Personal Information only to sub-contractors supplying us with hosting facilities and financial institutions supplying us with payment facilities. We do this so that those parties can provide their services to us, enabling us to supply our services to you.

We will not disclose your Personal Information to any third party for direct marketing purposes. We may disclose Personal Information for Legal Reasons. We may disclose General Information to any person for any commercial purpose.

Disclosure by you

You may have the practical capacity to disclose Personal Information to the general public when using our services, eg posting an online comment or ‘like’ etc. You take full legal and practical responsibility for any such disclosure of Personal Information.

Access

You will be able to access Personal Information about you by contacting. If we provide access to the information, we will do so within a reasonable time. Notwithstanding that, we may not grant you access to Personal Information for reasons including:

  • if doing so would have an unreasonable impact on the privacy of other individuals;
  • if the request for access is frivolous or vexatious;
  • giving access would reveal evaluative information generated within our organisation in connection with a commercially sensitive decision-making process; or
  • for Legal Reasons or similar reasons.

If we deny you access to Personal Information, we will provide reasons for our decision.

Integrity

We will take reasonable steps to ensure that Personal Information that we collect, use or disclose is accurate, complete, up-to-date, relevant and not misleading (together, satisfactory).

If you believe that the Personal Information we hold is not satisfactory, you may contact us and ask us to correct the information.

If you demonstrate to us that Personal Information held by us is not satisfactory, we will, within a reasonable time, take reasonable steps to correct the information. If you claim that such information is not satisfactory and we disagree, we will notify you of our reasons and, at your request, accompany the information with a note stating your position about the information.

If we correct information that was not satisfactory and we have previously disclosed that information to a third party, we will take reasonable steps to notify that third party.

Security

We will take reasonable steps to protect Personal Information from misuse, loss, unauthorised access, modification or disclosure.

Disposal

We will take reasonable steps to destroy, disable access to or permanently de-identify Personal Information if we no longer need it for any purpose for which we would be permitted to use or disclose the information under the APPs.

However, characteristics of information storage technology mean that it is not reasonably possible to delete every last remnant of information we have collected.

Interpreting this policy

In this policy, unless expressly to the contrary and as appropriate in the context:

  • an expression in the plural may be read in the singular, and vice versa;
  • a reference to a thing or things includes a reference to any, some or all, or part or whole, of the thing or things;
  • a reference to an act includes an omission and to the causing to be done of that act or omission;
  • a reference to a person doing an act includes a reference to the doing of the act on behalf of the person;
  • a reference to one alternative does not, of itself, exclude any other alternative;
  • an expression of the exercise of a right means the exercise of that right at the sole and absolute discretion of the relevant party;
  • a list of rights is not to be read as an exhaustive list of rights; and
  • a reference to a provision, clause or paragraph is a reference to a provision, clause or paragraph of this policy.

Varying this policy

We may vary this policy at any time by amending the version of this document accessible by you on a webpage on our website. We will take reasonable steps to notify you of material variations made to this policy.

Complaints

If you wish to complain about a potential breach of the APPs by us, or otherwise contact us, please email us at hello@loveyourhomesc.com.au.

If we receive a complaint from you, we will handle the complaint in the following way:

  • we will acknowledge receipt of your complaint
  • we will conduct an investigation of your complaint
  • we will notify you of the outcome of our investigation; and
  • we will provide you with basic information about further action that you may take if you are dissatisfied with the outcome of our investigation.