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Terms & Conditions of Use for Aussie Living Homes Movers First Home Portal

Last modified as of 01 July 2011.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY

By using this you agree to these Terms and Conditions of Use ("Terms & Conditions"). 

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time.  You should check these Terms & Conditions periodically for changes.  By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them.  If you do not agree to these Terms & Conditions, you should not use this Website and, if applicable, you should cancel your membership with us. 

The use of this Website is subject to important disclaimers, limitations of liability and indemnities, including whether you are able to finance a loan, which you should read carefully before using this Website.

1. Scope of Terms & Conditions

Unless we indicate otherwise, these Terms & Conditions apply to your use of the Aussie Living Homes, Movers First Home Club Portal which are owned or operated by Ventura Home Group (ABN 70 093 870 618)/ Trading as Aussie Living Homes. For the purpose of these Terms & Conditions, “You”, “you” or “your” means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use this Website.

This Website and these Terms & Conditions are specifically directed to residents of Western Australia and this Website is for use only by residents or permanent citizens of Australia.  If you are not a resident or permanent citizen of Australia you should not continue to use this Website.

Aussie Living Homes currently operates this Website to provide savings management and information under the “Movers First Home Club” brand.

2. Terms & Conditions – General

By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions.  If you do not comply with these Terms & Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof).  In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Website, including, but not limited to:

  1. restricting the time this Website is available;
  2. restricting the amount of use permitted; and
  3. restricting or terminating your or any other user's right to use this Website.

You agree that any termination or cancellation of your access to, or use of, this Website may be effected without prior notice to you and without providing any reason for such termination.  If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you acknowledge and agree that:

  1. we may immediately deactivate or delete your user account and/or all related information and files in your user account and/or bar any further access by you to such information and/or files, or this Website (or part thereof);
  2. we shall not be liable to you or any third party for any termination or cancellation of, or variation of the applicable terms relating to, your access to, or use of, this Website;
  3. your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms and Conditions, or any policies or practices adopted by us in providing this Website, including without limitation any change in content, is to cancel or terminate your membership with us;
  4. we make no warranties in relation to Products and your rights with respect to any dissatisfaction with Products are, unless we agree otherwise, limited to those rights available to you under the Trade Practices Act 1974 (Cth), equivalent state based fair trading legislation and any other applicable statute or common law right; 
  5. we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events; 
  6. such Additional Terms may be placed on this Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such; and
  7. any Additional Terms will upon first being placed on this Website, or otherwise made public, be incorporated by reference into and form part of these Terms & Conditions. 

3. Charges for Membership

By subscribing to or purchasing a Membership, you agree as follows:

  1. To pay the fixed membership fee of $825, in order to access or purchase our Products. 
  2. Membership fees are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated. 
  3. In addition to the Fees, you are responsible for all charges and fees associated with connecting to this Website, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Products. 
  4. For the purposes of your use and purchase of our Products, including identification and billing, you agree to provide us with true, accurate, current and complete information including your complete legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date) as required. 
    Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of this Website (or any portion thereof).
  5. You are entirely responsible for maintaining the confidentiality of your password and user account information.  You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's.  In the event of a breach of security by you, you will remain liable for any unauthorised use of your subscription until you update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account.
  6. Membership sign up fees to Movers First Home Club, (regardless of whether you logged onto this Website) are non-refundable. 

4. Cancellation of Membership

Either you or we may terminate or cancel your membership to our Movers First Home Club program.  You understand and agree that the cancellation or termination of your membership is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:

  1. these Terms and Conditions (including our enforcement or application of these Terms and Conditions);
  2. any of our practices or policies, including our Privacy Policy, (and including our enforcement or application of these policies);
  3. the Content available through this Website including any change in content provided through this Website;
  4. your ability to access and/or use this Website; and

Upon cancellation or termination of your membership we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, this Website (or part thereof).

You may cancel your membership by contacting your Movers Coach or by such other means as we may provide from time to time.  We will attempt to process all cancellation requests within 72 hours after receipt of requests. 

5. Ownership

All materials on this Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials, are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws.  You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.  You agree to follow all instructions on this Website limiting the way you may use any of the Content.  There are a number of proprietary logos, service marks and trade marks found on this Website.  By making them available on this Website, Aussie Living Homes is not granting you any licence to utilise those proprietary logos, service marks or trade marks.  Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.  If you download any Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it.

6. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions.  You understand that only those stated on the Membership signup documents may use your user account and password, and that your membership to our Movers Portal is only valid for your personal, non-commercial use and may not be shared with others. 

You acknowledge that this Website contains Content that is protected by copyrights, patents, trade marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  All Content is protected under applicable laws and we own copyright or other property rights in the selection, coordination, arrangement and enhancement of all such Content.  You may not modify, publish, transmit, reuse, report, distribute, perform or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part.  When Content is downloaded to your computer, you do not obtain any ownership interest in such Content.  Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent. 

7. Privacy and Security

We are committed to protecting your privacy and security.  For more information, you should review our Privacy Policy.  By agreeing to these Terms and Conditions, you also consent to the collection and use of your Personal Information in accordance with the Privacy Policy. 

8. Community Standards and Conduct Guidelines

You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to, on or through this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively the "Postings", are the sole responsibility of the person who made such Postings.  This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to, on or through this Website.  We do not control the Postings of others and, as such, you agree that we have no responsibility for the accuracy, integrity or quality of such Postings.  Although we have adopted community standards and conduct guidelines for the users of this Website (as described below), you understand that by using this Website, you may be exposed to Postings that are (without limitation) inaccurate, offensive or objectionable.  Except for Postings created by us (as to which you agree that liability shall rest with the entity which created the relevant Content and shall be governed by these Terms & Conditions), under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the access to or use of any Postings posted, emailed or otherwise transmitted to, on or through this Website.

You agree not to use this Website (including any Forums) to do, or attempt to do, any of the following (as to which you agree to accept us as sole arbiter in our absolute discretion):

  1. upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
  2. harm, wrongly influence or threaten Children in any way;
  3. impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Aussie Living Homes, our Affiliates or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us, any of our Affiliates or any other person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to, on or through this Website;
  5. upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment or other contractual relationships or under non-disclosure agreements);
  6. upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary rights of any party; 
  7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of commercial solicitation or promotion, except in those areas, if any, that are specifically designated for such purpose;
  8. upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum;
  10. interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any law and/or regulations having the force of law;
  12. "stalk" or otherwise harass another user of this Website or employee of Aussie Living Homes or of any of our Affiliates;
  13. collect or store personal data or attempt to collect or store personal data about other users of this Website; or

Your privilege to use this Website (including the Forums) and to contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above.  We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.  Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion and without providing any reasons, your use of, or participation in, any Forum.

All Forum communications, including, but not limited to, message board communications, are public and not private communications.  We reserve the right to monitor any areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose, but you agree we have no obligation or duty to do so and you release us from any such obligation or duty.  You acknowledge that, by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum.  Although we reserve the right to remove, without notice, any Forum posting for any or no reason, we have no obligation to delete Postings that you may find objectionable or offensive. 

9. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your savings journey , or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property.  Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.  Without limitation of the foregoing, you grant us and our successors and a royalty-free, perpetual, irrevocable, non-exclusive right and licence (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, enter into commercial rental arrangements in respect of and display any Submissions (in whole or in part and with or without the use of your name or any other form of recognition of the source or authorship of any such Submission) worldwide and/or to incorporate the Submissions or any of them in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trade marks and other intellectual, personal and proprietary rights (collectively, the "Rights") that may exist in such Submissions.

Submissions will be collected and may be used to improve the Content of this Website, to customise the Content and/or layout of our page for each individual consumer, to notify consumers about updates to this Website, and may be used by us to contact consumers for marketing purposes.  By submitting any such material, you give up any claim that any use of a Submission, or any part or derivative element of a Submission, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Aussie Living Homes uses such material.  Aussie Living Homes is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to us or this Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.  However, you agree and understand that Aussie Living Homes is not obligated to use any such ideas or materials and you have no rights to compel such use.

You also hereby irrevocably and unconditionally consent, to the fullest extent permitted by law (either present or future), to us or any person authorised by us, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Submissions or any adaptation of the Submissions (or any part of the Submissions or of any such adaptation) anywhere in the world:

  1. in whatever form and in whatever circumstances we think fit, including the making of any distortions, additions or alterations to the Submissions or any adaptation of the Submissions (or any part of the Submissions or of such adaptation);and
  2. without making any identification of you or any other form of recognition of the source or authorship of any such Submissions, in relation to them or any of them. 

You also warrant to us that:

  1. you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to send, email, post or otherwise transmit to us the Submissions;
  2. any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the Rights and give the consent stated above; and
  3. each person depicted in any images, photos and/or videos contained in your Submissions (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence; and
  4. we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without being obliged or required to give or pay any compensation to the provider of the Submissions or any third party holder of any Rights. 

10. Children

This Website is not for use by any person less than eighteen (18) years of age (each a “Child”) and is not directed to Children.  This Website is for use and access by individuals who are eighteen (18) years or older.

11. Links

These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity.  We may provide, or third parties may provide, links to other websites or resources.  We encourage you to read the terms and conditions of use, and privacy policy guidelines, of such other website before conducting any material use of, or access with, that website.  You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising products or other materials, goods or services on or available from such websites or resources.  You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is suffered by or alleged to have been suffered by you, in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources).  You should direct any concerns with respect to any other website to that website's administrator or webmaster. 

12. Contests and Survey

This Website may contain contests, invitations to participate in contests or surveys that request you to send in to us or post on this Website material or information about yourself.  Each contest or survey will have its own rules, and you must read and agree to all those rules prior to entering into any such contest or responding to any survey.
Participation in these contests or surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information.  Some of the information requested may be of a personal nature but there is no obligation to answer any or every question.  In particular, submission of your email address will be optional.  Information requested may include contact information (such as name and shipping address) and demographic information (such as post code, age, gender and marital status).  Contact information will be used to notify the winners and award prizes.  Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website. 

13. Disclaimers of Warranties

Please note the following disclaimers of warranties that form part of these Terms & Conditions:

  1. the membership, offerings, content and materials on this Website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied; 
  2. we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of any product, service or publication contained on this Website, or able to be accessed through any link on this Website;
  3. neither Aussie Living Homes nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available, are free of viruses or other harmful components;
  4. any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material;
  5. neither Aussie Living Homes nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers endorse, recommend, promote, warrant or make any representations regarding the use, benefits, risks or the results of the use of the products, offerings, content and materials in this Website in terms of their correctness, accuracy, reliability, or otherwise;
  6. no advice or information, obtained by you from our personnel or through this Website shall create any warranty not expressly provided for in these Terms & Conditions; and
  7. we disclaim all warranties, express or implied, for any errors or omissions, inaccuracies or incompleteness of any Content, Submission or other material contained on this Website or able to be accessed through any link on this Website.

14. Limitation of Liability

You expressly understand and agree that we and our Affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:

  1. the use or the inability to use this Website;
  2. the use of any Content or other material on this Website or any website or websites linked to this Website;
  3. unauthorised access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on this Website;
  5. any other matter relating to this Website; 

You acknowledge that, by undertaking any Savings Plan, you are doing so voluntarily and you are aware that there is no guarantee of securing finance on completion. 

You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in a Regime or other risks not known to you or that are not readily foreseeable at the time of using this Website.  You further acknowledge that this is a risk warning pursuant to relevant State legislation and the Trade Practices Act 1974 (Cth) and you agree that you assume all risks in connection with your participation in a Regime.  Aussie Living Homes (including its respective officers, employees and agents) and its Affiliates are not liable for the breach of any express or implied warranty that any services provided by Aussie Living Homes will be provided with reasonable care and skill.

You agree to use your own bank account (if any) to participate in any Movers First Home Club savings plan and you are completely satisfied with the adequacy and condition of your account and you are satisfied that it is suitable for use in a savings plan.

To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless Aussie Living Homes (including its officers, employees, and agents) and its Affiliates against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out  financial loss sustained in the course of or consequent upon your participation in a Movers First Home Club savings plan, use of your own bank account, or any activity incidental to the Movers First Home Club, whether direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Movers First Home Club Savings Plan.

Where your loss is not or cannot be excluded by these Terms & Conditions then:

  1. in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website; and
  2. our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions  and conditions is limited to, at our election: 
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again. 

If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website. 

15. Indemnification

You agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity. 

To the maximum extent permitted by law, you agree to indemnify Aussie Living Homes (including its officers, employees and agents) and its Affiliates against any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss income, or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in Movers First Home Club, use of your own equipment, or any activity incidental to your Movers First Home Club savings plan, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Movers First Home Club.

You agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions shall operate in favour of Aussie Living Homes (including its officers, employees and agents) and its Affiliates and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.

You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against Aussie Living Homes (including its officers, employees and agents) and its Affiliates arising out of or as a consequence of your participation in a Regime, use of your own equipment, or in any activity incidental to a Regime.

16. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Western Australia, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Western Australia and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

17. Miscellaneous Terms

  • Recovery of Legal Expenses
    In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer's fees. 
  • Severability
    If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. 
  • Entire Agreement
    These Terms & Conditions, together with other documents incorporated by reference, are the entire agreement between you and us relating to the subject matter herein.  
  • Modification of Terms
    These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement between you and SP Health.  Each time you access this Website, you will be deemed to have accepted any such changes. 
  • Assignment
    We may assign our rights and obligations under these Terms & Conditions.  These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. 
  • No waiver
    The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under these Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. 

18. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same.  We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use this Website (or any part thereof) who infringes the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement:  The Marketing Department, Aussie Living Homes, PO Box 1832, Osborne Park WA 6017, Australia.