HOMESENSE App – Terms and Conditions

WELCOME

Welcome to the HOMESENSE app! We are excited to offer you an App that pairs with your HOMESENSE devices. Before you start using the App, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.  

TERMS AND CONDITIONS

This mobile application (App) is operated by HOMESENSE TECHNOLOGY PTY LTD (ABN 89 632 525 547) (we, our or us). The App describes the details of the services, tools, information and resources we provide to our users (Services). For the purpose of these Terms, you or your means the person or entity accepting these Terms and using the App. 

Acceptance

You accept these terms and conditions (Terms), by downloading or using the App. You must be 16 years of age or older to use the App. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the App, and they have accepted these Terms on your behalf. 

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Terms of Service. The App can be downloaded for free, including by anyone who may or not have a Device (as defined below). 

Signing up to the App

You may need to register on the App and create an account (Account) to access the functionality of the App. You must provide us with information when registering for an Account including your name and email address, and you must choose a password.  

Once you have registered an Account, your Account information will be used to create a profile which you may then curate. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

You may also register for an Account using your Apple or Google (Third Party Account). If you register for, or sign into, your Account using your Third Party Account, you authorise us to access certain information from your Third Party Account including but not limited to your name, current profile photo, the email address associated with your Third Party Account and other basic information.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.

You will immediately notify us of any unauthorised use of your Account.

Disclaimer

These Terms govern the App and your usage of the App, and do not govern any device (or your usage of any device) that we may separately offer to you (including our smart or non-smart devices) (Device), except to the extent that the App connects to and interacts with the Device. You should consult the Device terms and conditions, including any user manuals and product safety information provided with the Device, before using a Device that may be connected to the App. 

You agree that the App and any information contained within the App is not medical advice, and does not take into account your personal circumstances. You are solely responsible for determining the suitability of the App for your personal situation or circumstances, and your reliance on the App is purely at your own risk. 

App Functionality

The App is free to use, however you must purchase a Device, and link the Device to the App in order to access some of the App’s features and functionality. The Device is sold separately, is subject to separate terms and conditions, and can be purchased from www.myhomesense.com.au. 

Information as to the different features of the App and the App functionality is contained in the App. 

You may choose to connect a Device to the App. The App cannot be used with or connected to any device that is not a HOMESENSE brand Device. Once connected, you may control aspects of the Device using the App. You should never use the App to control the Device where you are not the user of the Device, or where you are not in control of the Device at the same time as you are using the App. 

Except to the extent expressly provided in these Terms, these Terms do not cover any matter related to the Device itself, including the sale, use, and any applicable rights or remedies you may have in relation to the Device. You must ensure that while using the App and/or the Device, you follow all relevant safety precautions (including the safety and product information provided to you with the Device), as well as any applicable medical advice that you have received. 

Collection Notice

We collect personal information about you in order to enable you to access and use the App and its features, to contact and communicate with you (including in relation to offers and promotions), to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our Services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to the App.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to the App or which apply to you or your use of the App; anything which we would consider inappropriate; or anything which might bring us or the App into disrepute, including: 

(1) anything that would constitute a breach of an individual’s privacy (including obtaining or collecting private or personal information (including images and videos) without an individual’s consent) or any other legal rights; 

(2) using the App to harm, bully, stalk, intimidate, assault, mistreat, defame, harass, threaten, menace or offend any person;  

(3) using the App to obtain any inappropriate pictures; 

(4) interfering with any user using the App;

(5) tampering with or modifying the App, knowingly transmitting viruses or other disabling features, or damaging or interfering with the App, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the App; 

(6) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; 

(7) using the App or any information you obtain from the App to send unsolicited email messages; 

(8) using the App with any device other than a Device;

(9) using the App (including any connected Device) in an unsafe manner (including in a manner not in accordance with any safety and product information you may be provided with when purchasing the Device); and 

(10) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-sublicensable and non-transferable licence to use the App in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in the App and all of its features and content (Content). Your use of the App and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to the App or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with the App, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

We do allow you to share screenshots you have taken of your usage of the App, for the purposes of sharing your experience and promoting the App. 

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the App and on third party social media platforms via the App.  By making available any User Content on or through the App, you grant to us a worldwide, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of the App. We may use User Content for our promotional purposes. 

You agree that you are solely responsible for all User Content that you make available on or through the App.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (3) if you choose to share any User Content on social media platforms via the App, the User Content will comply with the terms of service applicable to the relevant social media platform.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content, including any posts which violate these Terms or which we otherwise deem inappropriate.

Analytics 

We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the App, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.

We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.  

You agree that, to the maximum extent permitted by law (and without limiting your Statutory Rights), these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Notice regarding Apple

To the extent that you are using or accessing the App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the App and any content available on the App.

Apple has no obligation to furnish you with any maintenance and support services with respect to the App. 

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 

You agree to comply with any applicable third-party terms when using our mobile application. 

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability 

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(1) your acts or omissions; 

(2) any use or application of the App by a person other than you, or other than as reasonably contemplated by these Terms; 

(3) any use or application of the App or any connected Device by you in an unsafe manner, or otherwise not in accordance with any safety directions or user manuals we may provide to you; 

(4) any works, services, goods, materials or items which do not form part of the App, or which have not been provided by us; 

(5) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the App; 

(6) the App being unavailable, or any delay in us providing our Services to you, for whatever reason; and/or 

(7) any event outside of our reasonable control. 

This clause will survive the termination or expiry of these Terms.

Limitations on Liability 

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you; and (2) we will not be liable to you for any special, indirect or consequential loss, including any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, however arising, (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise).

This clause will survive the termination or expiry of these Terms.

Warranties and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2)these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and (3) to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the App will be true, accurate and complete.

You acknowledge and agree that (1) you use the App at your own risk; and (2) the provision of the App may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no liability for any Liability arising from any default or breach of these Terms or any law if and to the extent such default or breach was caused or contributed to by any Third Party Inputs.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of the App or any breach of these Terms or any applicable laws by you, provided your liability under this indemnity will be reduced proportionately to reflect the extent to which our acts or omissions contributed to the relevant Liability (including a failure by us to take reasonable steps to mitigate the relevant Liability). This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

Termination

You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on the App or by sending us an email to the address at the end of these Terms. 

At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice to you if you are in material breach of these Terms, any applicable laws, regulations or infringe any third-party rights. Users have the right to report other users if they feel another user is not using the App as they should. Where possible, we will suspend your Account and allow you to rectify any undesirable behaviour, but if we need to, we will cancel your Account.

General

Information: The Content on the App is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice (including medical advice). While we use 

reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep the App up-to-date and we are not liable if any Content is inaccurate or out-of-date.  

Discontinuance: We may, at any time and without notice to you, discontinue the App, in whole or in part.  We may also exclude any person from using the App, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Competitors: You are prohibited from using the App, including the information and materials available on it, in any way that competes with our business.  If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use. 

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the App after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the App.  In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days’ prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Jurisdiction: Your use of the App and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

For any questions and notices, please contact us at:

HOMESENSE TECHNOLOGY PTY LTD (ABN 89 632 525 547) 

Email:  contact@myhomesense.com.au

Last update: 31 March 2021