These terms and conditions apply to the use of Housing Australia's (“Housing Australia”, “we”, “us”, “our”) Portal (HAP). In using the HAP, you agree to be bound by them. We reserve the right to amend our terms and conditions from time to time. Such amendments will be effective once they are published on the HAP, and you will be bound by them accordingly.
You will be required to register with us in order to access the HAP. Where you have registered with us, you must keep your registration details confidential; you will be responsible for any access to the HAP using your account details, even if the access is by another person. Should you discover any unauthorised use of your account, you must contact us immediately.
You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.
You must be a person in Australia to register to access the HAP. The HAP can only be accessed from within Australia and you will not be able to use your account to access the HAP from a place outside Australia.
You will need to register an Australian mobile phone number to receive a code to enable you to log into the HAP using your registration details. We recommend you nominate an Australian mobile phone number used only by you. If the mobile phone number is also used by other people, they may receive, or be able to access your authentication code messages.
The HAP enables registered users to:
(a) submit an application for finance;
(b) be notified of the outcome of the assessment of their applications for finance;
(c) make an inquiry about their application for finance; and
(d) obtain general information regarding the financial assistance available under the housing programs we administer and operate.
Nothing on the HAP constitutes an offer from us to provide finance or a promise or representation that we will provide you or any other person with finance. All applications for finance will be subject to our formal approvals, due diligence and satisfactory legal documentation. We will endeavour to notify you of the outcome of our formal approvals via the HAP.
You may receive notices, documents and communications electronically via the HAP to your registered account. If you receive notices and communications through HAP, we may (but will not always) also send an email to your nominated email address.
It is your responsibility to check your email regularly for these notifications and to access the HAP promptly following our email to provide information we request to further progress your application. You must also keep your nominated email address current and let us know if you can’t access your email or HAP for any reason.
You must not transmit to or via the HAP any information or material or otherwise use the HAP for any activity which breaches any laws or regulations, infringes a third party's rights or privacy or is contrary to any relevant standards or codes. You must also not permit or enable another person to do any of those things.
You must not transmit to or via the HAP any virus or other information or material or otherwise use the HAP in a way which:
(a) tampers with, hinders the operation of or makes unauthorised modifications to the HAP;
(b) inhibits any other user from using the HAP;
(c) defames, harasses, threatens, menaces or offends any person; or
(d) contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
While we have taken reasonable steps to ensure the information and on the HAP is accurate, up to date, available and complete, this information has been provided in good faith on an "as is" and "as available" basis and such material in no way constitutes the provision of professional, legal or financial advice. We do not guarantee, and accept no legal liability whatsoever to any person arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on the HAP.
We do not represent or warrant (or accept any legal liability to any person) that the HAP will be always available and/or accessible, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. You must take your own precautions to ensure that the process which you employ for accessing the HAP does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not accept responsibility for any loss or damage (including special, indirect or consequential loss), however caused (including through negligence or otherwise), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the HAP or any linked website. Nor do we accept any responsibility for any such loss that arises from your use of or reliance on information accessed on or through the HAP.
If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed to be included, however our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supply of the services again or payment of the cost of having the services supplied again.
You agree to indemnify, defend and hold us, our directors, officers, employees, consultants, agents, and affiliates, harmless from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use (or misuse) or failure to use the HAP or your breach of these terms and conditions. Your obligation to indemnify us is reduced to the extent any such loss is due to our negligence or our breach of these terms and conditions. It is not necessary for us to incur expense or make payment before enforcing our indemnity.
Copyright in the HAP (including text, graphics, logos, icons, sound recordings, software and documents made available for download on the HAP) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as authorised below, you may not in any form or by any means:
• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the HAP (including, documents made available for download on the HAP); or
• commercialise any information, products or services obtained from any part of the HAP (including, documents made available for download on the HAP),
without our prior written permission.
You are authorised to print a copy of any information contained on the HAP for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the HAP.
The HAP includes registered trademarks owned by us (or our licensors) and trademarks that are the subject of applications for registration by us (or our licensors). You must not use any of our trademarks without our prior written consent. If such consent is given, you must not use any of our trademarks:
• in or as the whole or part of your own trademarks or business name or company name
• in connection with activities, products or services that are not ours
• in a manner that may be confusing, misleading or deceptive or
• in a manner that disparages us or our information, products or services (including the HAP).
You also must not authorise or assist any person to do any of the acts specified above.
The HAP may contain links to other websites (linked websites). These links are provided for convenience only and may not remain current or be maintained.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we stipulate to the contrary.
To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
We may suspend or terminate your access to the HAP at any time for any reason without giving you notice. This includes where we believe that there is a risk of fraud or security breach, or where you have not accessed the HAP for a period of 12 months or more. The provisions above relating to "Disclaimer and limitation of liability", "Copyright" and "trademarks’ will survive any such termination.
These terms and conditions are governed by the law in force in the State of New South Wales, Australia.