Terms and Conditions
Welcome to First Home Buyers Australia (“FHBA”) Terms and Conditions. FHBA provides online education, information and resources for first home buyers. We take great care in selecting the information and resources featured on the FHBA’s website, provided through our social media channels or provided directly to you through our seminars and other communications with you. These Terms and Conditions set out how we do it all, for you.
This Website is owned and operated by FHBA Pty Ltd (ACN607 022 202) trading as First Home Buyers Australia (“FHBA, us, our or we”).
1.1. In these Terms,
- “you” means any person visiting or using the Website;
- 2. “Agreement” means the agreement between you and FHBA for the provision of education, information or resources relating to purchasing or investing in property which may include third party information relating to property listings, loans, savings, inspections, financial planning, insurance and services related to property such as solar power, utilities and removalists as governed by any registration form, welcome pack or other documentation provided to you by FHBA in conjunction with these Terms & Conditions;
- “Website” means the website fhba.com.au, www.firsthomebuyersaustralia.com.au and any related pages or domains, including any mobile site or mobile or other application that we may offer;
- USE OF WEBSITE
2.1. Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding.
2.2. If you do not agree to any of these Terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
3.1. All content and all intellectual property which includes text, images, trademarks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (“Content”) and the selection, arrangement and “look and feel” of all content contained on the Website, is the property of FHBA or third parties who have granted FHBA permission to use it on the Website. All Content contained on the Website whether past, present or future and is protected by national and international copyright, design and trademark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
- USE AND REGISTRATION
4.1. No person under the age of 18 should use this Website without parental or guardian supervision. If we do find that someone under the age of 18 is accessing the Website, FHBA may restrict their access to the Website and may cancel or restrict access to any services to be delivered to the parent or guardian of that child.
4.2. Certain services will only be available after you have registered your details and activated an account with us on the Website. To register your details and open an account with us, you will be required to submit your data and personal information. You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your account with any changes to your personal information previously submitted as soon as practicable after such personal information changes.
4.3. FHBA reserves the right in its sole discretion to refuse to register any account.
4.4. If you breach any of these Terms, we will be entitled to lock or delete any and all accounts, and not accept any further or future account requests, by the account holder and their associates.
4.5. You must not use another person’s account without their express prior permission nor permit anyone to use your subscription or account.
4.6. You are solely responsible for all activity that occurs using your account, and solely responsible to keep your access to it and your passwords secure. FHBA does not accept any responsibility for activity or purchases made using your account by unauthorised access of your account.
4.7. If you suspect or become aware of any unauthorised use of your account or that your passwords are no longer secure, you must immediately notify FHBA and immediately take all reasonable steps to protect your account.
4.8. When you notify FHBA of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse. We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future.
4.9. You agree to release and indemnify FHBA from any loss or claim arising, whether directly or indirectly, from any unauthorised use of your account.
4.10. You acknowledge that when you register and use the Website, you will receive correspondence from FHBA, including newsletters, relating to the Website and the business of FHBA.
4.11. If you authorise us to make your registration details available to third parties, you acknowledge that you may receive correspondence from third party suppliers which may including information specific to you and general marketing information.
LIMITED LICENCE TO USE
4.12. FHBA grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes only or for the sole purpose of making purchases from or interacting with FHBA.
4.13. You warrant that you are not visiting or using the Website or Content or purchasing any goods or services from the Website or from FHBA for any commercial purpose and will not access, browse, use or contribute to the Website for a commercial purpose.
4.14. Except as expressly permitted in these Terms or on the Website, or with FHBA’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
4.15. You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
4.16. FHBA will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
5.1. FHBA may notify you of third party offers, services or programs for purchase or subscription. All offers, services or programs are offered and provided by third parties, not by FHBA, and the relevant third party provider is solely responsible for the delivery or provision of their offers, services or programs. FHBA acts as an intermediary only to make these offers available to you but has no control of nor liability for the performance or non-performance but third party providers.
5.2. FHBA may form exclusive, preferred or other relationships with any third party supplier and may, from time to time, receive a benefit in any format from such third party supplier. To the extent required by law, FHBA will disclose to you any relationship, benefit or consideration received as a result of its relationships or arrangements with suppliers. Financial considerations include (but are not limited to) click revenue, referral fees, commission, subscription fees, and advertisement fees.
5.3. These offers, services or programs may be available for purchase via our Website or directly from the third party provider. All offers, services or programs are purchased subject to any order requirements or instructions referred to on the Website or otherwise notified to you by FHBA or the third party.
5.4. When placing an Order you will be required to select the offer, services or program you wish to purchase and provide the requisite details for the Order. For each Order you must provide accurate and up-to-date details of the purchaser, payment details and any other information required to effectively process your Order.
5.5. By placing an Order, you warrant you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the Order.
5.6. Once you have submitted an Order, you must make payment for the Order in accordance with the payment methods specified or referred to on the Website or otherwise notified to you. An Order will only be deemed to be placed when you have submitted the Order and the full payment required on placing the Order has been received.
5.7. FFHBA reserves the right to accept or reject your Order for any reason including, the unavailability of any offer, services or programs, an error in the price or description or any offer, services or programs or any error in your order, and in the event that we cancel your order, we will provide a full refund of any payments received from you.
- PRICE AND PAYMENTS
6.1. The price of an offer, service or program is the price specified or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any service or program. All prices are processed in Australian dollars unless otherwise notified on the Website.
6.2. Confirmation of your payment, in accordance with the payment requirements for your Order, must be received by the third party supplier prior to any obligations arising to provide to you the offer, services or program that you have ordered.
6.3. FHBA accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify FHBA against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
- PARTICIPATION IN FOCUS GROUPS, SURVEYS AND SEMINARS
7.1. FHBA may host or hold, from time to time, focus groups or seminars and may conduct surveys. If you agree to participate in any such events, you agree to FHBA collecting additional information from you for the purpose of delivering the services or conducting the event.
7.2. You acknowledge and agree that you will participate in any such group, seminar or survey by providing only accurate, full and complete information. You acknowledge that your information may be disclosed to, heard by or viewed by others participants and may be made available to third parties for market research, marketing or other purposes.
7.3. If any specific terms relate to your participation in any group, seminar or survey you will be notified of such terms prior to commencement of your participation and you will be bound by all such terms.
- YOUR CONTRACT WITH THIRD PARTIES
8.1. All offers, services and programs, information and tools appearing on the Website including but not limited to articles, blogs, forums, calculators and listings are provided by and maintained by third parties and FHBA makes no warranty as to their accuracy. Blogs and articles are, unless otherwise specified, the opinion of the writer and do not reflect the beliefs or understandings of FHBA.
8.2. We recommend that you take specific direct advice in relation to any matter and do not rely solely on information provided on the Website which is delivered for information purposes only.
8.3. If any offer, service or program has a delivery timeframe, it is your responsibility to be available to receive the offer, service or program within the specified timeframe.If you fail to receive the offer, service or program within the specified timeframe then the offer, service or program will expire and any unused portion of the offer, service or program cannot be redeemed for cash, credit or any other value.
8.4. You acknowledge that you are solely responsible for complying with all terms, conditions or instructions of any offer, service or program as described or referred to on the Website or otherwise notified to you (“Instructions”).No third party supplier will be under any obligation to provide an offer, service or program to you if you do not comply with the Instructions.
8.5. You acknowledge that FHBA is not responsible for the provision or offer of any offer, services or program that you may enter into with a You release and indemnify FHBA against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of yourself or any third party in the provision or receipt of any offer, services or program or your compliance with the Instructions.
8.6. You acknowledge that you are solely responsible for reading all instructions for the receipt of offers, services or programs as specified on the Website and you are solely responsible for complying with such instructions. If you believe the instructions to be unclear you must contact FHBA directly prior to the expiration of the specified timeframe for clarification of your obligations.
- DELIVERY OF SERVICES BY THIRD PARTIES
9.1. As soon as practicable after the placement of your Order an email notification will be issued to confirm your Order. The confirmation email will be sent to the email address recorded in your account only and FHBA is under no obligation to notify you of confirmation in any other manner.
9.2. You are solely responsible to ensure the accuracy of the email details recorded in your account and that you have access to such email account. If you fail to receive your confirmation email notification because you have recorded incorrect email details or cease having access to the email account, FHBA will not be liable for any loss that may arise.
9.3. Once the required payment has been received in full, the third party supplier will, as soon as practicable, contact you to confirm details for delivery of the offer, service or program. If services are to be booked by you through the Website, it is your responsibility to book in to receive such services within the specified timeframe.
- PERSONAL INFORMATION
10.2. You agree that FHBA may disclose your personal information to third party suppliers for the purpose of delivering the services where appropriate and where such disclosure is necessary for delivery of any offer, service or program or the conduct of our business with you.
- THIRD PARTY SITES
11.1. FHBA selects third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
11.2. The Website may contain links to third party websites or content (Third Party Content). FHBA does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, FHBA does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
11.3. If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by FHBA.
- NO WARRANTIES
12.1. The Website and Content are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, FHBA does not make any representations or warranties as to the Website, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website.
12.2. FHBA does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. FHBA does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of FHBA’s control.
- LIMITATION OF LIABILITY
13.1. Except to the extent required by the law or as is expressly set out in the Terms, FHBA specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any Order or purchasing any services or program, and in no event will FHBA, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if FHBA has been advised of the possibility of such damages).
13.2. In any event, FHBA’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any services.
13.3. FHBA’s liability for breach of any condition or warranty implied by legislation is, at FHBA’s option, limited to supplying services again or payment of the cost of having services supplied again.
13.4. Without limiting the above, you acknowledge that FHBA accepts no responsibility or any liability for Orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. FHBA does not accept any responsibility or liability for any information or errors provided by you in the Order, or in booking or receiving any services, including your failure to do all things necessary to ensure the order, booking and receipt of services, are suitable and safe for your circumstances.
13.5. You release and forever discharge FHBA, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
14.1. You indemnify and will keep indemnified, FHBA and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also indemnify and will keep indemnified FHBA from any and all damage you may cause FHBA, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
14.2. You indemnify and will keep indemnified and hold harmless FHBA, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or willful misconduct of yours or any claim, suit or action brought against FHBA as a result of your ordering, booking and receiving any services or programs.
14.3. This Clause contains continuing separate obligations and it survives termination.
15.1. FHBA reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website, including access to and use of your account or orders, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and its services, including any license granted.
15.2. FHBA reserves its right to refuse service, terminate an Order or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the Order in any way, other than a refund that is expressly permitted under the Terms.
- INTELLECTUAL PROPERTY
16.1. You acknowledge that FHBA is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to FHBA.
16.2. You acknowledge and agree that all information and materials provided to you in the delivery of the services or programs are the sole property of FHBA or the third party supplier. You are not permitted to use, distribute or in any manner share any materials or information received by you from FHBA or any other party in the delivery of offers, services or programs to you.
16.3. Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant FHBA a license to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the license. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to FHBA you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
16.4. All material published on the Website may, at FHBA’s sole discretion, be edited, removed or republished for any reason whatsoever.
17.1. The following terms along with any competition information on the Website, including how to enter and prize details apply to entry to any FHBA competition (Competition) and by entering a Competition; you agree to be bound by them. The promoter of any Competition is FHBA unless stated otherwise (Promoter).
17.2. The Competition details will specify any restrictions to entry and, unless otherwise stated, the employees or directors, and their immediate families of the Promoter and its suppliers, agencies or other entities associated with the Competition are ineligible to enter. If stated on the Website, entrants must be over 18 years of age or comply with any other requirements or limitations on entry. To enter you must comply with entry requirements on the Website.
- UPDATES AND REVISIONS
18.1. We may revise and update these Terms from time to time and will publish the updated Terms on our Website. You acknowledge and agree that you are bound by these Terms as published from time to time including updated and revised Terms. FHBA recommends that you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms, it is your responsibility to check the Website and Terms from time to time.
- OTHER POLICIES
20.1. Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by FHBA’s staff and personnel.
20.2. If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
20.3. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of New South Wales.
20.4. These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.