Terms and Conditions

Last Updated on November 26, 2023

Thank you for using our Service, HouseKeyz, which will be referred to as (“name”, “us”, we” or “our”). The term “you” refers to the person or entity accessing or otherwise using our Service.

This Terms of Service Agreement (or “Terms” for short) describes the guidelines of HouseKeyz relationship with you and is a legal agreement, so please read it carefully.

BY USING OUR SERVICE OR COMPLETING THE CONTACT US FORM, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THESE SERVICES.

1. Who can use the service

To use HouseKeyz’ partner site, Vista Home Loans Pty Ltd, you must be at least 18 years old (or such other age as determined by your jurisdiction). If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Service if your parent or guardian agrees to these Terms on your behalf.

By using HouseKeyz, you state that:

· You can form a binding contract with HouseKeyz

· You are not a convicted sex offender

· You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

2. Your rights to use the service

Subject to your compliance with these Terms, and any other policies we make available to you from time to time, HouseKeyz grants you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to access and use the Service.

You agree that any software that we provide you, including the HouseKeyz application, may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorise us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services.

You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. You may not reverse engineer or attempt to extract the source code of that software, except to the extent these restrictions are expressly prohibited by applicable law.

3. Rights you give us

Many of our Services let you create, upload, send, receive and store content. When you do that, you keep the ownership rights in that content you had to begin with. In order for us to perform our Services, you grant us a non-exclusive, royalty-free, irrevocable, worldwide licence, with the right to grant sub-licenses to reproduce, distribute, host, use your personal information, display your content for the purpose of operating, developing, providing, and improving the Services, including publishing, distributing, promoting and providing quotes with your content with whom who have interacted with. You also grant us a sublicense to use your content as described in our Privacy Policy.

While we’re not required to do so, we may access, review, screen and delete your account at any time and for any reason if we think it may violate these Terms. You are responsible for the content that you create, send and store through the Services.

We always love to hear from our users, but if you provide feedback or suggestions, we are able to use this without any means of compensating you and without any restriction or obligation to you.

4. Privacy

Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to read it carefully because by using our Services you agree that HouseKeyz may collect, use and share your information in the ways described in that policy.

5. Data charges

You are responsible for any mobile charges that you may incur for using our Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

6. Ownership

We, or our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to the Services, all modifications, improvements, customisations, updates, enhancements, derivative works, translations and adaptations to the foregoing.

7. Third Party services

If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. HouseKeyz is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

8. Modifying the services and termination

We are always improving our Services and creating new ones all the time. We may add or remove features, products or functionalities and we may also suspend or stop certain Services at any time without notice. You can terminate these Terms at any time and for any reason by requesting to delete your account.

HouseKeyz may also terminate these Terms with you at any time, for any reason and without advance notice. We may stop providing you with any Services or impose new or additional limits on your ability to use your Services. We may also deactivate your account due to prolonged inactivity and we may reclaim your username at any time for any reason.

9. Additional terms for specific services

Due to our ever-growing Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms conflicts with these Terms, the additional terms will prevail.

10. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless, HouseKeyz, our affiliates, directors, officers, agents and suppliers from and against any and all claims, suits, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE HOUSEKEYZ ATTEMPTS TO PROVIDE A GREAT USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

HOUSEKEYZ TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH HOUSEKEYZ WILL BE RESPONSIBLE FOR.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOUSEKEYZ AND OUR MANAGING MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF HOUSEKEYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOUSEKEYZ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID HOUSEKEYZ, IF ANY, IN THE LAST 12 MONTHS.

15. Exclusive venue

Except as prohibited by applicable law, these Terms are governed by the laws of Sydney, Australia and the federal laws of Australia applicable therein, aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located exclusively within Sydney, Australia, for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

16. Resolution of disputes

Mandatory Arbitration

Any dispute or claim made by you relating to these Terms will be referred to and determined exclusively through binding confidential arbitration conducted in Sydney, Australia, unless the parties agree otherwise or otherwise provided herein.

The arbitration will be held on an individual basis, before a single arbitrator and in accordance with Australian Law. You and HouseKeyz agree that all information presented during Arbitration will remain confidential and not made public.

BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS.

You and HouseKeyz also agree that:
(i) you and HouseKeyz will each pay such portion of the costs of the arbitration, as determined by the arbitrator

(ii) the arbitrator may consider whether costs are prohibitive compared to litigating in a court, and may require HouseKeyz to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness

(iii) the arbitrator will honour claims of privilege and privacy recognised at law

(iv) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law

(v) the arbitrator's award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.

Jury Trial Waiver

YOU AND HOUSEKEYZ WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and HouseKeyz are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and HouseKeyz in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HOUSEKEYZ WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Class Action Waiver

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER

Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.

17. Severability

If any provisions of these Terms are found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

18. Final Terms

· These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and HouseKeyz, and supersede any prior agreements.

· These Terms do not create or confer any third-party beneficiary rights.

· If we do not enforce a provision in these Terms, it will not be considered a waiver.

· We reserve all rights not expressly granted to you.

· You may not transfer any of your rights or obligations under these Terms without our consent.

Contact us

HouseKeyz welcomes your comments, complaints, claims, questions and suggestions. Please send us your feedback.