YourHome OurHome

Recitals

Your Home Our Home is the owner of trademarks, patents, trade secrets, copyrights, processes, know how, registered designs or other Intellectual Property and provides software and apps via the web.
Your Home Our Home has agreed to grant You with access to the Site, Services and use of certain Intellectual Property and Confidential Information as set out in this Agreement.
All products of Your Home Our Home or an affiliate including the Your Home Our Home web platform, App, product website, videos and software components (collectively, the “Services”) are subject to the Terms and Conditions stated below.
By the use of the Site or the Services You agree to be bound by this Agreement. If You do not agree to the Terms and Conditions set out below You must not use the Site or the Services.

Interpretation – Definitions

Your Home Our Home is the owner of trademarks, patents, trade secrets, copyrights, processes, know how, registered designs or other Intellectual Property and provides software and apps via the web.
1. In these Terms and Conditions, the following terms have the following meanings:
  “Account” means Your username and identifying particulars supplied to Your Home Our Home at the commencement of this Agreement.
  
  “Anniversary Date” means an anniversary of the Commencement Date.
  
  “Agreement” means this agreement as amended from time to time including schedules and terms included by reference.
  
  “Business” means all activities associated with an on-line job, process and learning management platform with integrated mobile App and includes development of the Site, the Services and Intellectual Property.
  
  “Commencement Date” means the first day of the month in which You register on the Site.
  
  “Confidential Information” means all information acquired created or commissioned by Your Home Our Home during the course of or in connection with the Business by Your Home Our Home, including information about Your Home Our Home, the Business, processes, systems, equipment, dealings, transactions, policies, finances, organisation or personnel, or about those of its Customers, Third Party Service Providers, or anyone associated with it or them, unless that information is readily available to the public, and shall include (but not be limited to) Your Home Our Home’s principles, policies, procedures, Intellectual Property and other documents, or material which Your Home Our Home may direct You to treat as Confidential Information.
  
  “Copyright Material” means any work or other subject-matter in which copyright subsists or is capable of subsisting under the Copyright Act 1994 (NZ) or equivalent legislation.
  
  “Customer” means You and all users of the Services.
  
  “Customer Information” means all customer information about customers including name, address, contact details, use of Services, their arrangements with Your Home Our Home.
  
  “Fees” means the fees charged by Your Home Our Home:
  1. (a) as set out in the Fee Schedule; or
  2. (b) as set out in any custom quote provided by Your Home Our Home.
  “Fee Schedule” is a schedule of fees set by Your Home Our Home at its sole discretion for use of the Services. The Fee Schedule can be found at https://vlenza.com plans-pricing .
  
  “GST” means any tax in the nature of a tax on or on the supply of goods, real property, services, or other things (or similar tax) levied, imposed or assessed by the New Zealand Inland Revenue Department pursuant to the Goods and Services Tax Act 1985 (NZ), which may operate at any time during the currency of this Agreement, other than any interest, fine, penalty, fee or other payment imposed on or in respect of such tax.
  
  “Intellectual Property” means all intellectual property rights of Your Home Our Home whether in relation to the Site or Services or otherwise and includes all or any of the following
  1. a. the Trade Marks of Your Home Our Home whether in relation to the Site or Services or otherwise;
  2. b. the Trade Name or any other trade name under which Your Home Our Home sells, provides or distributes its Services;
  3. c. the technical and other information or expertise devised, developed or acquired by Your Home Our Home or its employees or others applied in the development, servicing and sale of the Site or Services and in the management and operation of the Business;
  4. d. copyright of Your Home Our Home in any written material, plans, designs, logos, slogans, labels, insignia or other work relating to the manufacture, merchandising, displaying, promotion and selling of the Site or Services; and
  5. e. the designs, whether or not registered or protected by copyright devised or acquired by Your Home Our Home and applied to the Business, the Site or Services.
  “Processes” include technologies, products, devices, processes or techniques.
  
  “Platform” means the various web technologies, databases and mobile App technologies that are developed and integrated to form a solution for people and businesses to use.
  
  “Services” means the services provided by Your Home Our Home to You under this Agreement.
  
  “Site” means Your Home Our Home’s web site www.Your Home Our Home.com the Your Home Our Home platform site and all related sub-domains and integrated App/s.
  
  “Terms and Conditions” means these terms and conditions as amended from time to time, and other terms incorporated by reference.
  
  “Test Software” or “Sandbox” is customised deployment of the platform that allows You to test the functionality of the Services.
  
  “Third Party Service Providers” mean those third parties engaged by Your Home Our Home to provide services to Your Home Our Home or You.
  
  “Third Party Services” means those services provided by Third Party Service Providers which You or Your Home Our Home may subscribe to, in accordance with this Agreement.
  
  “Trade Name” means ‘Your Home Our Home’ or other trading name of Your Home Our Home, for example ‘YHOH’.
  
  “Trial Period” a period of 30 days (or as otherwise advised) after the earlier of the date You register on the Site or the commencement of Services.
  
  “Trade Marks” means the existing or future trade marks owned, used or developed by Your Home Our Home during the term of this Agreement “You” and “Your” includes all persons entering this Agreement with Your Home Our Home and where the context allows includes Your partners, officers, employees, consultants, contractors and agents.
  
  “Your Home Our Home” means Awhina Limited. “YHOH” means Awhina Limited.
  
  “Written” includes hand written or typed or digital text/numbers etc.

Interpretation – General

Interpretation – General
1. references to any “party” means a party to this Agreement and includes the successors, executors, administrators and permitted assignees (as the case may be) of that party.
2. where a party consists of more than one person, the liability of those persons under this Agreement is joint and several.
3. references to any document include references to that document as modified, novated, supplemented, varied or replaced from time to time.
4. references to a month or a year are references to a calendar month or calendar year.
5. all references to legislation include any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.
6. references to a “person” include an individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority.
7. a reference to a time of day means the time in New Zealand.
8. headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Overview of the Services

Your Home Our Home provides software and Apps to enable user organisations to enter, monitor, manage various workflows, processes, people logistics, courses and content, and to coordinate these with internal and external users and their organisations.
In addition to the above Your Home Our Home’s software connects to some third-party services e.g. Xero, Firebase et al. and other communications and connectivity providers to enhance or enable the functionality in the software and Apps.
Your Home Our Home provides online reports, push notifications and other data viewing functionality to support the overall purposes outlined in 4.1 above.

Formation of Contract

You agree and acknowledge that You have entered into a legally binding and enforceable contract with Your Home Our Home by transacting with Your Home Our Home.
In consideration of Your Home Our Home agreeing to Your use of the Site, Platform, App and/or Services You agree to comply with this Agreement.
You agree to be bound by any additional terms and conditions (“additional terms and conditions”) that You have accepted in subscribing for Third Party Services, and that such additional terms and conditions are incorporated by reference into this Agreement.

Commencement and Term

Where You have requested the Services be provided on an annual basis, this Agreement:
1. is for a minimum term expiring 12 months after the Commencement Date (unless otherwise agreed in writing);
2. shall be automatically renewed on the Anniversary Date; and
3. will continue for successive 12 month periods unless either party gives the other notice of termination at least 30 days before the expiry of the relevant term.
Where You have requested the Services be provided on a monthly basis, this Agreement will automatically renew each month, until either party gives the other one months’ prior notice of termination.

Acceptance of Terms

Before using the Services, You should read this Agreement (and any additional terms and conditions and related agreements) carefully and ensure that You understand ALL of the Terms and Conditions. If You do not agree to ALL Terms and Conditions, then You must not use the Services.
This Agreement and any terms incorporated by reference in this Agreement override any terms or conditions previously published by Your Home Our Home.
Each time You login to the software or the App, You are agreeing to the Terms and Conditions.
You agree to act in compliance with all applicable laws (including those relating to privacy and the collection, storage and use of personal and sensitive information, data security, cyber security and electronic transactions) and in accordance with all reasonable directions given by Your Home Our Home from time to time which are in compliance with those laws and rules.
Without limiting the requirements of clause 7.4, for any purpose related to Services You agree to only use information systems which are fully compliant with all applicable laws.

Amendment

Your Home Our Home may amend this Agreement (including, but not limited to, the Services and the Service Costs and Fees) at any time by posting the Agreement incorporating the amendments (‘Amended Agreement’) on the Your Home Our Home website, and following provisions apply to any such amendment.
The Amended Agreement will come into effect and apply from the Amendment Effective Date, which is, subject to this clause, immediately on the date the Amended Agreement is posted on the Your Home Our Home website.
If an amendment will have a material impact on You, Your Home Our Home will give You notice of the amendment at least 30 days before the Amendment Effective Date.
If You do not agree to an amendment which will have a material impact on You, You must before the Amendment Effective Date notify Your Home Our Home by notice setting out the amendment, the material impact and that You do not agree, in which case (i) the Amended Agreement without that amendment will apply to any Service provided to You after the Amended Agreement is posted but before the Amendment Effective Date and (ii) You must cease using the Services on the date immediately prior to the Amendment Effective Date. Your continued use of the Services on or after the Amendment Effective Date constitutes Your acceptance of, and agreement to, the Amended Agreement including the amendment.

Access

Your Home Our Home, grants You non-exclusive access to the Site and the Services via an account upon these Terms and Conditions. The Site and Services including any upgrades thereof and any code, program or software given to You to enable Your use of the Site or Services, shall remain the property of Your Home Our Home.

Restricted Use

You will not use the Intellectual Property or Confidential Information to manufacture, have made, use or market a similar site or similar services in any location nor will You use the Intellectual Property or Confidential Information for any purpose other than expressly permitted by Your Home Our Home. Where Your Home Our Home has indicated to You that the whole or any part or parts of the Intellectual Property comprises Confidential Information You will not at any time during this Agreement or after its termination or expiry disclose such Confidential Information to any person without obtaining Your Home Our Home’s express prior written consent. You will take such steps as may be necessary to ensure that any of Your servants or agents do not disclose such Confidential Information including any Intellectual Property.
You may not and warrant that You will not:
1. copy, produce, transmit, transcribe, store in a retrieval system, or translate in any language (natural or computer) any part of the Site, Services Intellectual Property or Confidential Information;
2. transfer or attempt to transfer any part of the Site, Services Intellectual Property or Confidential Information or Your right to access them or otherwise make them available to any other person;
3. attempt to discover Your Home Our Home’s source code;
4. sublicense, rent or lease any portion of the Site, Services Intellectual Property or Confidential Information;
5. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Site or Services, or create derivative works from the Site, Services Intellectual Property or Confidential Information, except so far as such actions are permitted by applicable law notwithstanding this limitation or are approved in writing by Your Home Our Home;
6. use the Site, Services Intellectual Property or Confidential Information for any illegal purpose;
7. allow Your Account to be used for any illegal purpose; or
8. allow Your Account to be used by another person for any purpose.

Password Policy

Your password for access to Your Home Our Home must:
1. be a minimum of 8 characters long;
2. contain at least one lowercase letter, one uppercase letter, and one number; and
3. be unique and must not be the same as Your 5 most recent passwords.

Limited Trial

Upon entering into this Agreement Your Home Our Home grants You a Trial Period during which Your Home Our Home warrants that no termination fees will be payable if You terminate this Agreement in writing and cease all use of the Site and Services.
You must notify Your Home Our Home prior to the end of the Trial Period if You wish to terminate this Agreement at the end of the Trial Period.
Your Home Our Home may in its discretion refund the payment of the upfront annual fee and transaction fees paid by You, where applicable, if this Agreement is terminated in accordance with clause 12.2.

Fees

During the term of this Agreement You must pay to Your Home Our Home the Fees (which include all fees and subscriptions).
Where applicable, You warrant that You understand and agree to the fee structure as outlined in the Fee Schedule or on the Website.
Your Home Our Home in its sole, absolute and unfettered discretion reserves the right to change any Fees charged for the Services, the platform, the App/s or use of the Site at any time. In the event of an increase in a Fee that amended Fee will become payable at the earlier of:
1. 30 days after a notice in respect of the fee is posted on this Site; or
2. 30 days after notice is given to You.
If Your Home Our Home introduces a new Service, any Fees for the use of that Service are applicable from the commencement of the new Service unless otherwise stated and by using that Service You warrant that You agree to the Fees applicable to that Service as set out in the Fee Schedule.
Unless otherwise stated Fees are exclusive of GST and quoted in New Zealand dollars.
You must pay to Your Home Our Home on the due date (and unless otherwise agreed by way of direct deposit payment):
1. all charges specified in this Agreement.
2. any amount payable by You arising from Your use of the Site or Services.
At its sole discretion, Your Home Our Home may set off any amounts payable to You against any fees payable to Your Home Our Home by You.
Your Home Our Home will pay any monies payable to You by such method as Your Home Our Home may reasonably choose.

Infringement

1 If You learn of any infringement or threatened infringement of the Intellectual Property or Confidential Information; or
1. any common law passing-off which may cause deception or confusion to the public by a third party, or
2. any infringement or threatened infringement of the Intellectual Property or Confidential Information;
3. You must immediately notify Your Home Our Home in writing giving particulars of the infringement or threatened infringement.
Your Home Our Home will at its sole discretion institute and prosecute an action in respect of the infringement.

Termination

Either party may terminate this Agreement at any time and without a reason by giving at least 30 days written notice to the other party.
Any fraudulent or damaging activities or attempts to compromise the Site, the platform, the App/s or Services will give Your Home Our Home a right to immediately terminate this Agreement and Your use of the Site, the Platform, the App/s and Services.
Your Home Our Home shall have the right to terminate this Agreement immediately by notice to You if:
1. You become insolvent or unable to pay Your debts in the ordinary course of business.
2. In the case of an individual, if a petition for bankruptcy is presented or in the case of a company, if a receiver or administrator is appointed.
3. In the case of a company, You permit an order to be made or a resolution to be passed for the winding up of the company.
4. You permit or propose a compromise or arrangement to be made between You and any of Your creditors.
5. You assign all or part of Your assets for the benefit of any creditor.
6. You or any of Your Directors are convicted of a criminal offence which in the case of an individual could carry a term of imprisonment or in the opinion of Your Home Our Home has or has the potential to cause damage or injury to the reputation and standing of Your Home Our Home.
7. You purport or attempt to transfer, assign or deal with this Agreement or the Site, the Platform, the App/s or Services without the written consent of Your Home Our Home.
8. In Your Home Our Home’s reasonable opinion, the continued provision of services exposes Your Home Our Home to an unacceptable level of risk.
Your Home Our Home shall have the right to terminate this Agreement by notice in writing if:
1. You fail to pay monies payable to Your Home Our Home on the due date or breach another term of this Agreement.
2. You purport to or use the Site, Services Intellectual Property or Confidential Information in a manner not approved by Your Home Our Home.
3. You (or any of Your directors or anyone on Your behalf) do or neglect to do anything which in Your Home Our Home’s opinion is likely to bring disrepute upon Your Home Our Home.
4. You have not remedied a breach (if it is capable of remedy):
  1. in the case of any obligation to comply with any statutory law or regulatory obligation relating to the Business the use of the Site or Services, within 7 days of written notice from Your Home Our Home; or
  2. in the case of any other obligation, within 14 days of written notice from Your Home Our Home.
  3. Your conduct or actions directed to Your Home Our Home or its representatives is deemed to be unconscionable, unreasonable, or inappropriate as reasonably determined by Your Home Our Home.
Notwithstanding clause 15.3 or 15.4, if You have been guilty of any breach, non-observance or non-performance of the same obligation twice in any one year period, or if Your Home Our Home has given notice on not less than two occasions in any 12 month period, Your Home Our Home may terminate this Agreement immediately by written notice to You without prior warning or notice if a third or subsequent breach, non-observance or non-performance occurs within a period of 6 calendar months from the second or last of such occurrences.
If You breach this Agreement:
1. Your Home Our Home shall be entitled to recover damages from You for breach. Such entitlement shall be in addition to any other right or remedy which Your Home Our Home may have. The acceptance by Your Home Our Home of arrears of monies shall not constitute a waiver of Your continuing obligation to pay monies on the due date.
2. in circumstances where Your Home Our Home considers damages are not a sufficient remedy Your Home Our Home may seek injunctive relief against You and You will not oppose applications seeking injunctive relief as may be brought by Your Home Our Home in respect of Your use or proposed use of the Site or the Services.
Termination of this Agreement no matter how arising shall be without prejudice to the rights and obligations of the parties existing up to and including the date of expiry or termination including the right of the party terminating to seek and obtain damages for any breach of this Agreement by the other party or the other party’s servants or agents.

Rights of Parties on Termination or Expiry

On and from termination or expiry of this Agreement:
1. You shall immediately discontinue the use of the Services and cease to use the Intellectual Property, Confidential Information, and any other signs, displays or advertising material which contains reference to Your Home Our Home.
2. You shall not represent or advertise that You were formally using Your Home Our Home.
3. All fees previously paid remain the property of Your Home Our Home and You agree to make no claim in respect of such Fees. You must further pay to Your Home Our Home any fees that have accrued but are unpaid as at the date of the termination or expiration.
4. You shall immediately pay to Your Home Our Home without any deduction or right of set off all sums of money which may be due or payable by You to Your Home Our Home
5. You will ensure that all references to Your Home Our Home are removed within 7 days of termination, from all websites, telephone and other directories, directory assistance records, membership rosters and from any other publication.

Limit of Your Home Our Home Liability

You release and indemnify Your Home Our Home from any and all loss or damage arising out of any loss of data or corruption of data during the transfer of such data to Your Home Our Home.
To the extent permitted by law, Your Home Our Home excludes all representations and warranties, express or implied, other than those contained in this Agreement. Where Your Home Our Home is found to be liable for breach of any warranty guarantee or condition implied by statute and which Your Home Our Home cannot lawfully exclude, Your Home Our Home ‘s liability is limited (to the extent permitted by law) at the option of Your Home Our Home to the following:
1. in the case of any programming or software supplied or offered by Your Home Our Home:
2. to the supply of those programs or software or programs or software of similar functioning again; or
3. to the payment of the cost of having those programs or software supplied again; or
4. in the case of Services or Platforms, and App/s supplied or offered by Your Home Our Home:
5. to the supply of the services again; or
6. to the payment of the cost of having services supplied again.
Your Home Our Home, its related bodies corporate, its directors and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
1. Your use of or inability to use the Site or Services or Platform and App/s;
2. any virus or other harmful, or potentially harmful, code which may be transmitted in connection with Your use of the Site or Services or Platform and App/s;
3. Your Home Our Home ‘s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, providers or agents arising from or related to this Agreement, the Site and the Services or Platform and App/s;
4. Your provision of incorrect information; or
5. Your loss of information or data.
Your Home Our Home’s liability for any loss or damage under this Agreement or any law is reduced by the extent that You have caused or contributed to such loss or damage.

Your Home Our Home Warranty

Your Home Our Home warrants that the use of any or all of the Intellectual Property according to this Agreement in connection with the Site or Services does not result in the infringement of third party intellectual property rights.
Your Home Our Home indemnifies You against any losses, costs, actions, claims, demands, expenses, judgments, court orders or other liabilities arising directly out of or in connection with any claim made against You by a third party on the grounds that by virtue of rights to which such third party lays claim, under letters patent or copyright (whether registered as a design or not) or any other similar right or claim, such third party is entitled to prevent or interfere with Your use of any or all of the Intellectual Property pursuant to this Agreement.
The Site or Platform and App/s is provided by Your Home Our Home on an “as-is” basis and the only obligations on Your Home Our Home are set out in this Agreement. Your Home Our Home gives no warranty or condition, express or implied other than those expressly set out herein. Your Home Our Home does not warrant that the functions contained in the Site and the Services provided will be uninterrupted, always available or error free, that defects will be corrected, or that the Site, or Your Home Our Home’s hardware or computer systems are free of viruses or other harmful components or programs. Your Home Our Home does not warrant or make any representations regarding the accessibility or the use or the results of the use of the Site or the Services . You hereby acknowledge that You have relied on Your own enquiries and inspection in relation to the Site and the Services including “Test Software” and the use of the Site and Services during the Trial Period before entering into this Agreement and using the Site or the Services .
Where the Consumer Guarantees Act 1993 (NZ) applies to the supply of services under this Agreement, You may have additional rights under that Act
Where the services that You acquire from Your Home Our Home are not of a kind ordinarily acquired for personal household or domestic use or consumption or where You acquire or hold Yourself out as acquiring the Services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 (NZ) will not apply and are excluded from this Agreement.

Authorisation for Corrections

You authorise Your Home Our Home to correct any errors on Your account. You acknowledge that such correction does not create any obligation on the part of Your Home Our Home to ensure the ongoing accuracy (or to warrant the previous accuracy) of the information on Your account.

Marketing

Your Home Our Home reserves the right to use Your company or trading name in any promotional or marketing material it deems fit. This may be in the of form print, TV, radio or multimedia (including web). Example uses may include promotional flyers, or website case studies.

You have the right to unsubscribe from marketing or promotional emails from Your Home Our Home.

Confidentiality

You acknowledge and undertake to Your Home Our Home that
1. all information, documents, data and any other material which is provided by Your Home Our Home to You or Your directors, officers, employees and agents in connection with this Agreement and all copies of such information, documents, data and material made by You or Your directors, officers, employees and agents or a third-party is and remains the property of Your Home Our Home;
2. You will use the Confidential Information for the sole purpose of the exercise of the rights and performance of the obligations under this Agreement;
3. You will only disclose the Confidential Information to such of Your officers, employees, agents and advisers to whom it is necessary to disclose the Confidential Information for the purposes of this Agreement and the use of the Services;
4. You will not, and will ensure that Your officers, employees, agents and advisers will not, use, provide or disclose the Confidential Information to any person, other than as expressly permitted in this clause;
5. You will take all steps necessary to prevent or stop, and comply with all reasonable directions of Your Home Our Home in respect of, suspected or actual breaches of, or defaults under this clause;
6. You will promptly notify Your Home Our Home if You suspect, or become aware of, any unauthorised access, use or disclosure of any of the Confidential Information and will give Your Home Our Home (at Your cost if the unauthorised access, use or disclosure is as a result of a breach of, or default under, this Agreement) all reasonable assistance in connection with any action which Your Home Our Home may take, or proceedings which Your Home Our Home may institute, in respect of the unauthorised access, use or disclosure; and
7. You will, and will procure that Your employees, officers, agents and advisers will, return to Your Home Our Home all Confidential Information and delete all electronic copies upon termination or expiry of this Agreement.
You agree that You will not during the term of the Agreement, or at any time after the termination of the Agreement (howsoever this may occur) disclose to any other person (without the previous consent in writing by Your Home Our Home) either directly or indirectly, any Confidential Information relating to Your Home Our Home of which You became possessed whilst subject to this Agreement, nor use of any such Confidential Information in any manner which may cause or be calculated to cause injury or loss to Your Home Our Home howsoever arising.
You must treat as confidential all information gained during the term of this Agreement that relates to Customers of Your Home Our Home and utilise Your best efforts to ensure that any employees or agents under Your supervision or control comply with the terms of this clause 21.

Intellectual Property

This Agreement does not grant You any proprietary rights in the Intellectual Property.
You will not at any time during or after the expiry or termination of this Agreement, contest or challenge in any legal proceedings or otherwise the proprietorship of Your Home Our Home in the Intellectual Property.
You shall not in any manner represent that You have any proprietary rights in the Intellectual Property.
In so far as the Intellectual Property or any components of the Intellectual Property are the subject of registrations or applications for registrations under applicable statutes, You shall do nothing to challenge, oppose, dispute or impugn the validity of such applications or registrations and shall take all necessary steps as may be required by Your Home Our Home to assist in maintaining or obtaining such registrations.
If You become aware of any claims against or infringements of any rights associated with the Intellectual Property, then You shall immediately notify Your Home Our Home and Your Home Our Home at its sole discretion may elect to defend or prosecute any action relating to the Intellectual Property. In relation to any proceedings or claims to protect or defend the Intellectual Property, You, if required by Your Home Our Home, shall render all assistance including if necessary, providing evidence and being named as a party to any legal proceedings.
At the expiry or termination of this Agreement, all of Your rights to use the Intellectual Property shall cease.
Your Home Our Home may change the Intellectual Property which You are permitted to utilise at any time for any reason.
You may not use the Intellectual Property in a manner which may, as determined by Your Home Our Home, place the Intellectual Property at risk of loss or loss of value to Your Home Our Home.

Privacy

In this clause, “Personal information” has the same meaning as it has in the Privacy Act.
Your Home Our Home agrees, in relation to Personal Information which You disclose to Your Home Our Home pursuant to these Terms and Conditions:
1. not to do an act, or engage in a practice, that would breach a requirement of the Privacy Act; and
2. not to authorise any subcontractor to do an act, or engage in a practice, that would breach a requirement of the Privacy Act.
You agree that an act done or a practice engaged in by Your Home Our Home, or by a subcontractor, for the purposes of meeting (directly or indirectly) an obligation under these terms and conditions is authorised by this clause for the purposes of the Privacy Act, even if the act or practice is inconsistent with the Privacy Act or a relevant privacy code that applies to Your Home Our Home or a subcontractor.
You warrant that all Personal Information which You disclose to Your Home Our Home is up-to-date, complete and relevant to the purpose for which it was disclosed to Your Home Our Home, and that the disclosure of the Personal Information by You is not a breach of the Privacy Act.
Your payment is processed through eWAY’s Payment Gateway. eWAY secures all your customer and credit-card data with military-grade software and servers, and the highest level of encryption available. YourHomeOurHome will not store or transfer any of your credit card information. All data is transferred using eWAYs secure servers.

Prior Agreements

This Agreement supersedes any prior agreement between the parties whether written or oral. Any such prior agreements are cancelled but without prejudice to any rights which have already accrued to either of the parties under those agreements.

Rights Cumulative

All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this Agreement shall restrict or prejudice the exercise of any right granted by this Agreement or otherwise available to it.

Costs

You shall pay Your own costs of entering into and complying with this Agreement.

Set Off

Your Home Our Home shall have the right to set-off against any payment due by Your Home Our Home to You against any amount owed to Your Home Our Home by You. Upon termination or expiration of this Agreement for any reason, You shall pay any amount due to Your Home Our Home immediately with no right to set-off.

Waiver

The failure by Your Home Our Home to enforce at any time or for any period any one or more of the Terms or Conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement and no custom or practice of the parties at variance with the terms of this Agreement shall constitute any waiver of Your Home Our Home’s rights.

Force Majeure

Neither party shall be considered in breach of this Agreement where performance of its obligations under the Agreement is by any cause beyond the reasonable control of the parties rendered impossible or delayed.
If the reason for the inability to perform or delay in performance referred to in clause 29 continues for a continuous period of 30 days, either party may by written notice to the other terminate this Agreement without penalty.

Severability

Any provision of this Agreement, which is or becomes unenforceable for any reason will be ineffective or severable to the extent only of such unenforceability or invalidity and will not invalidate the remaining provisions.

Performance

Each party must take all steps, execute all documents and do everything reasonably required by any other party to give effect to the transactions contemplated by this agreement.

Terms and Conditions

Client Service Agreement Terms and Conditions