Last updated: 20th October 2010
Welcome to the MyVirtualHome
website (this "Website
"). This Website is owned and operated by Homesoft Pty Limited (“Homesoft
”), an Australian proprietary company limited by shares with Australian Business Number 27 143 100 001.
”); and (ii) services provided through or in connection with this Website (the “Services
MVH Software EULA :-
If you download a copy of the MyVirtualHome
software application (the "MVH Software
") from this Website or otherwise obtain a copy of the MVH Software, you must comply with the terms and conditions of the MVH Software end user licence agreement (the "MVH Software EULA
Different types of Users :-
”). To make full use of the functionality of this Website, a person will need to register with HOMESOFT (a "Registered User
”. HOMESOFT may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users.
If you wish to become a Registered User, you must provide HOMESOFT with certain true and correct information about yourself (the “User Registration Information
”), as requested by the relevant registration page on this Website. Information requested may include your: login user name and password; email address; name; title; date of birth; home address; postcode; country of residence; telephone numbers; payment details; and billing address. You must promptly notify and update HOMESOFT if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to HOMESOFT contacting you via such means.
Use of the Website Material and Services :-
The Website Material and Services are provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances. You must undertake your own independent assessment in relation to any proposed purchase or building renovation or other works contemplated by you or any other person as a result of or in connection with your use of this Website, the Website Material of the Services. You must, in particular, separately confirm that all measurements, finishes, colours, textures, etc, are accurate, complete and to your satisfaction and liking. You cannot trust the Website Materials or the Services to make decisions for you regarding your home design and the Website Materials and Services must not be relied on by you or any other person as a substitute for conducting your owns checks, modelling and measurements.
Intellectual Property Rights :-
Submitted Materials :-
This Website may allow Users to submit or post data, information, content and materials (“User Material
If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, patent, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including HOMESOFT and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) except with HOMESOFT' prior written consent, advertise any product or service or solicit any business.
You agree that HOMESOFT may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by HOMESOFT and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and HOMESOFT; and (iv) directly or indirectly commercially benefit from your User Material.
HOMESOFT does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant HOMESOFT an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of and enter into a commercial rental arrangement in respect of that User Material.
Prohibited activities :-
You must not submit, post, upload, email or otherwise send or transmit to this Website, HOMESOFT, any User or any other person anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
Linking and framing/embedding :-
You must not (and must not allow or authorise) linking to this Website from any other website or location on the internet or otherwise, except where such linking is to the home page of this Website located at www.myvirtualhome.com.
You must not (and must not allow or authorise) the framing or embedding of all or any part of this Website on or in any other website or location on the internet or otherwise, under any circumstances.
Confidentiality of user name and password :-
If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform HOMESOFT. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly (and, in any event, at least once per month).
Cessation of services :-
Indemnity by you :-
Other websites :-
Changes to this Website :-
HOMESOFT may (with or without notice to you) make changes to this Website, the Website Material and the Services.
Availability of this Website :-
This Website, the Website Material and the Services are provided on an “as available” basis and HOMESOFT shall not be liable if this Website, the Website Material or the Services are unavailable for any period. HOMESOFT may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. HOMESOFT does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.
Accuracy of this Website :-
This Website, the Website Materials and the Services are provided on an “as is” basis and HOMESOFT makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.
Except to the extent that the same may not be excluded or limited as a matter of applicable law, HOMESOFT excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose).
Limitation of liability :-
Force majeure :-
Entire agreement :-
Rights cumulative :-
Governing law :-
Contacting HOMESOFT :-
Address: PO Box 1279 Aspley QLD 4034 Australia.