Terms and Conditions

1. Definitions

“Website/site” means the mehouse.com.au website – across desktop, mobile, tablet and apps.
“We / our / us” means meHOUSE PROPERTY GROUP ( ACN 604-705-044 )and
“You” means you, our customer

“Advertising” means advertising in the form submitted to us by you for display on the Site, and includes (without limitation) text, images, video files, audio, data and content and any combination of them;

“Agreement” means the agreement between you and us for the provision of Services, which will be formed on the basis of the Order and these Terms and Conditions immediately upon you returning a completed and signed Order to us.

“Services” means the Services provided by us as set out in these Terms and Conditions and the Quote.

2. Introduction

2.1 This document, together with our Website’s Conditions of Use and our Privacy Policy, describes the terms and conditions under which Mehouse.com.au (“we”, “us” or “our”) provides the Services to you.

2.2 By appointing us to provide the Services to you, you acknowledge that you have read and agree to our Terms and Conditions.

2.3 An agreement for the supply of Services consists of the Order and these Terms and Conditions immediately upon you returning a completed Order to us.

2.4 The Agreement may be amended in writing at any time to you by us, and we will give you at least 30 days prior written notice.

3. Term

3.1 This Agreement commences on the contract start date specified in the approved order and will continue for the period specified in the order, unless terminated earlier in accordance with this Agreement.

3.2 This agreement may be terminated if the other party breaches a material term of this Agreement and fails to rectify that breach within 7 days of a written request from the other party. For the avoidance of doubt, failure to pay any money due and payable constitutes a breach of a material term of this Agreement.

3.3 You may not terminate your subscription before the end of the term specified in the Order. If you purport to terminate early you acknowledge that you shall remain liable for the fees payable under this Agreement until expiry. 

3.4 Upon expiry of the initial term specified in the Order, this Agreement will automatically revert to a month by month agreement (and otherwise on the same terms) until terminated by either party by giving 30 days’ written notice.

4. Services

4.1 Subject to these Terms and Conditions, we will use reasonable endeavours to publish Advertising in the format and in the position agreed with you. However, we reserve the right at all times (acting reasonably) to vary the placement of Advertising within the Site or to change the format of Advertising.

4.2 Neither these Terms and Conditions or any Order by us represents an agreement to publish Advertising. An agreement in respect of specific Advertising will only be formed between us and you when we accept the Advertising in writing or generate a tax invoice for that Advertising.

4.3 Advertising submitted electronically must comply with our specifications, as disclosed to you from time to time. 

4.4 We reserve the right to suspend delivery of the Services in the event that you fail to make any payment owing to us on the due date for payment.

5. Payment

5.1 The initial fees for your subscription and Services provided will be specified in your Order. Fees are payable from the date specified in your Order. Subscription fees are payable monthly and for the avoidance of doubt, the fees specified in your Order are the monthly rates.

5.2 Where you have elected to pay the Purchase Price using credit card by providing your credit card details on the Order, over the phone, through the Site or by other means, you authorise us to charge your credit card for the full amount owing for the Services.

5.3 Fees are always payable in advance.

6. Use of Services

6.1 Your use of the Services is subject to these Terms and Conditions, and you will comply with any guidelines and codes issued by your local and national body of your industry..

6.2 You acknowledge and agree that you are solely responsible for the content of any material provided to us.

6.3 Whilst we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that access will be uninterrupted, timely, secure or error-free.

6.4 We reserve the right to change or discontinue the Site or any feature or service available on the Site at any time.

7. Warranties and Acknowledgement by you

7.1 You warrant:

(a) that you have read and understood the Order and these Terms and Conditions;

(b) that all information you have provided to us in relation to the Services is true and accurate and you acknowledge and agree that we have relied on that information in providing the Order and supplying the Services;

(c) and agree that we reserve the right to remove any information or material uploaded to the Site without prior notice, including (without limitation) artwork, video and image files;

(d) you hold all required licences or accreditations to sell or lease all your listings on the website;

(e) you have authority to sell or lease all your listings on the website and have the proper authorities in place required by State or Territory regulations; and

(f) that you have read, understood and agreed to the Website Conditions of Use, and you acknowledge and agree that the Website Conditions of Use are incorporated into these Terms and Conditions.

(g) that you will only collect, use, disclose and store personal information obtained through our website, including through leads generated by users submitting enquiries on our websites, for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about.

8. Release and indemnity

8.1 To the extent permitted by law, you agree to forever release and discharge all claims that you now have, or may have, against us, our related entities, shareholders, directors, employees, agents and representatives connected with or arising out of or incidental to any use of the Services, except to the extent that such claim arises as a result of a breach of warranty by us or a failure by us to comply with a material obligation under these Terms and Conditions, other than where such failure relates to an event beyond our reasonable control.

8.2 We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State legislation) which cannot by law be excluded (Non-excludable Warranty).

8.3 Our liability under these Terms and Conditions is in all cases limited to re-supplying the Services, having the Services re-supplied or payment for the cost of having the Services re-supplied (at our discretion).

8.4 Subject to clauses 8.2 and 8.3, we exclude all other liability to you for any costs, expenses, losses and damages incurred in relation to Advertising published by us, or in relation to the Services, whether that liability arises in contract, tort or under statute.

8.5 To the extent permitted by law, we will not be liable for any indirect, special, incidental or consequential damages including, without limitation, loss of profit or revenues and downtime costs, suffered by you in relation to the Services.

8.6 The provisions of this release and indemnity will survive any termination of the agreement formed by your acceptance of these Terms and Conditions.

8.7 You agree to indemnify and at all times keep indemnified and hold us, our related entities, shareholders, directors, employees, agents and representatives harmless from and against any claim or demand made by any third party arising out of your use of the Services or the breach of these Terms and Conditions by you.

8.8 We will not be liable for any loss or damage from an internet or telecommunications failure.

8.9  We will not be liable under this Agreement to the extent that liability is caused by:

(a) any breach of your obligations under this Agreement or a negligent act or omission by you; or

(b) any delay in performance or breach of this Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.

9. Privacy

9.1 You acknowledge and agree that the Privacy Policy forms part of, and is incorporated into, these Terms and Conditions and acceptance of these Terms and Conditions by you constitutes acceptance of our Privacy Policy. 

10. Intellectual property

10.1 We own or are licensed to use all copyright and other intellectual property rights in our material on the Site. You must not reproduce, distribute, communicate or publish any content on the Site, unless permitted under legislation or with our prior written approval.

10.2 You must not under any circumstances:

(a) modify or copy the layout of the Site or any computer software or code contained in the Site;

(b) use the Site or any material or information on it for any purpose that is unlawful, in breach of these Conditions of Use or otherwise infringes any rights (including intellectual property rights) of any third party or to knowingly or negligently transmit any virus, Trojan horse, worm or other disabling feature affecting software or hardware;

(c) use the Site to data mine or compile any document or database incorporating or based on material or information contained on or gained through the Site; or

(d) impersonate another person or allow another person to impersonate you.

(f) acknowledge that third parties will be accessing and using the Material and that we cannot and will not be responsible for the actions of any third parties in relation to the Material.

11. General

11.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws of Victoria, Australia.

11.2 You submit to the exclusive jurisdiction of the Courts of Victoria, Australia and you waive any right you have to object to an action being brought in the Courts of Victoria (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).