These are the terms and conditions (“Terms and Conditions”) for NOVII Pty Ltd ACN 117 524 982 which trades as HomeGuru and OzHomeValue (referred to as “we”, “us”, “our”). These Terms and Conditions outline the terms of use of the sites owned and operated by us including homeguru.com.au and ozhomevalue.com.au (“Website/s”), and any reports and other communications, facilities or materials available via those Website/s and our services (with these sites and services collectively known as the "Service").

By accessing or using the Service, you agree to accept and comply with these Terms and Conditions. Our Privacy Policy and any other disclaimers, terms or policies made available via the Service form part of these Terms and Conditions.

We reserve the right to amend these Terms and Conditions by placing a revised version of the Terms and Conditions on its Website/s. Please check this document regularly.

The Service is intended for Australian residents aged 18 years and over only. Residents from other countries should not use the Service.

A Guide Only

All information as contained within or made available through the Service including any report is general information to be used as a guide only. It is not to be treated as financial, taxation, investment or accounting advice. You acknowledge that the information may not be applicable to your personal circumstances and rely on the information at your own risk.

We recommend that you seek professional advice where necessary before acting on any information via the Service.

Any property valuation estimates that may be given are general estimates only and are subject to any conditions or limitations as may be notified to you. Some valuation estimates may for instance be conducted electronically and generated by a computer driven mathematical model in reliance on available data, or may be based on general market data, without physical inspection of the property and may not take into account the individual features of a property, or market conditions (including planning, building or economic). Any valuation is current only at the date of supply or publication and must not be relied on as an accurate representation of market value.

Service providers

We are not a credit provider. If you decide to apply for a credit product, you will not deal with us.We do not act as your agent in performing or providing access to the Service.

The Service may involve providing you with contact details and information relating to, or otherwise facilitating connections with, real estate agents, mortgage brokers, financial institutions, other credit providers, other providers of financial services and/or their representatives, officers or employees (“Service Providers”). The Service Providers are not authorised by or representatives of us. In some cases the Service Providers may be related entities (as defined in the Corporations Act) of us. You will deal with the Service Providers directly (including in relation to obtaining any advice or service). You should confirm rates and product or service information of any Service Providers independently. To the full extent permitted by law, we do not make any representation or warranty in connection with any Service Provider or the accuracy of information or content they may provide, and we are not liable for any advice, service, activity, conduct, representation, act or omission of or provided by any Service Provider. We cannot give any assurance that we have preferred Service Providers in the area of your choice as all regions may not be currently serviced by the Service Providers.

The Service Providers are professionals with expertise and experience in their respective industry however no guarantee or promise is given that the person will be currently licensed or registered as an agent, broker or loan or real estate professional. We advise that we or our related entities may receive a fee for providing your information to Service Providers. Any personal information will not be provided to those Service Providers without your consent. Please refer to our Privacy Policy for further information on how we treat your personal information including how we may connect you with such other parties.

Disclaimer and liability

The Service is provided on an “as is” basis and use of the Service is at your own risk. While we have used reasonable endeavours to ensure that the information contained on and accessed through the Service is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information.

To the maximum extent permissible by law, subject to any non-excludable liability, or conditions or warranties implied by legislation, we, our related entities and respective directors, employees, agents and contractors, expressly disclaim all representations and warranties, express or implied, and exclude all liability, howsoever arising (including from negligence) for any loss or damage whether direct, indirect, incidental, special and/or consequential or any loss of profits which may arise, in connection with: (a) the Service; (b) the operation or use of the Service; (c) access to the Service or results of such access; (d) the accuracy, completeness, currency, reliability or otherwise of the information, reports, estimates, valuations, content or materials available via the Service or your reliance on same; (e) goods or services supplied by any Service Provider; (f) any technical malfunction, error, defect, virus, delay, interruption, fraud or interference in respect of the Service; (g) a failure by us to comply with these Terms and Conditions; or (h) any breach of any relevant legislation by us or any Service Provider.  

Consumer protection laws such as the Australian Consumer Law imply certain guarantees into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms.  Nothing in these Terms and Conditions excludes, modified or limits such statutory guarantees.Any liability that cannot be excluded by law, including for breach of any such applicable guarantees, to the extent we are able to do so, is limited at our option to:

1. in the case of services supplied by us - the re-supply of the services or payment of the cost of doing this; or
2. in the case of goods supplied by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

Indemnity

You agree to indemnify and keep indemnified us, our related entities and respective officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Service (or any part of it) or the violation of these Terms and Conditions by you.

Intellectual Property

The Service and all related content and material is subject to copyright under Australian law and, under international treaties, and the laws of other countries. The Service may contain trademarks, intellectual property and copyright protected works which is owned by us, and third parties.

You may view, access or interact with the Service for your own personal use in the same form as presented via the Service, or as otherwise indicated via the Service or these Terms and Conditions only. You must not otherwise copy, communicate, modify, transfer, distribute, sell, publish, post or store any of the contents of the Service, or incorporate any part of the Service into another web site without our prior express consent.

Use

You must not use the Service in any manner which is unlawful or which violates any right of us or other users.

You may not use the Service or any Service Provider reports, proposals or materials for commercial purposes.

Termination and Cancellation

We reserve the right in our sole discretion to revise the content of, amend links from, or withdraw access to the Service, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on our liability will survive such termination.

Links

Our Websites may provide links or references to other sites. We are not responsible for these sites and shall not be liable for any loss arising out of their use.

Severability

In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

Applicable law

The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of the Service or the Terms and Conditions.