Terms & Conditons | The Home of Heritage

General
1. The Home of Heritage, ABN 24 692 414 280, (‘we’, ‘our’, us’), operates and maintains this website.
2. These terms and conditions (‘Terms’) apply to your access and use of this website. By accessing and using this website, you agree to these Terms.
3. We may change these Terms at any time by publishing the amended Terms on this website. Changes will not operate retrospectively.
4. The law of Victoria, Australia governs these Terms. We do not warrant that this website or its contents complies with the laws of any country other than Australia. If you access this website from outside Australia, you do so at your own risk.
Site Contents
1. This website contains information of a general nature some of which is provided by our advertisers or third-party booking platforms.
2. We do not promise that the contents of this website are accurate or up to date, and to the extent permitted by law we are not liable for any loss or damage arising from any inaccuracy. We reserve the right to correct errors and make changes to this website or its contents at any time.
3. We may permit users of this website to add comments, create property listings or reviews or contribute other content (‘user-generated content’) to this website. We are not responsible for and do not approve or endorse, any user-generated content.
4. If you contribute user-generated content, you promise us that it is fair, reasonable, bona fide, and does not break any laws or infringe the legal rights of any person (including intellectual property rights).
5. You indemnify us against any harm, loss, cost or expense we suffer arising from user-generated content you contribute or upon which you rely.
6. We may delete or modify all or part of any user-generated content at any time at our sole discretion.
Subscriptions
1. We offer subscriptions on our website for advertisers and consumers (Subscription Plan).
2. We may vary, reduce or increase the number of Subscription Plan.
3. Where you subscribe to:
  1. a Subscription Plan; or
  2. a mailing list,

you consent to receiving communications such as emails and text messages from us including marketing and promotional communications.

Payments and Charges
1. Some Subscription Plans require you to pay us by direct debit. Where they do, you must enter into a direct debit agreement with us.
2. Charges in connection with a Subscription Plan are set out in our Rate Card.
3. We will give you an invoice, depending on your Subscription Plan you select, either monthly, quarterly or annually.
4. We require prepayment of all charges for Subscription Plans, and for any additional services we provide.
5. You must pay each invoice in full and without set off or deduction by its due date.
6. In addition to our other rights:
  1. overdue charges incur a late fee, as determined by us; and
  2. you are liable to pay for any fees imposed on us for dishonoured payments.
7. Late Invoicing does not affect our right to payment or your obligation to pay.
8. Charges are exclusive of GST (Goods and Services Tax) unless stated otherwise.
9. We may invoice GST, and you must pay it in the same manner and at the same time as paying the charges.
10. We may vary our charges for a Subscription Plan:
  1. during the term of any Subscription Plan – on 30 days’ notice, but in that event you may terminate the Subscription Plan on 15 days’ notice to us provided you do so within 14 days of receiving the notice from us; and
  2. after the term of the current Subscription Plan – on 30 days’ notice.
11. You may only dispute a charge within 30 days after it is invoiced.
Copyright
1. Unless otherwise indicated, copyright in this website and its contents belongs to us. You may:
  1. publish a link to this website;
  2. make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and
  3. print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
2. Unless permitted by law and subject to clause 6, you must not, without our prior written consent:
  1. otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or
  2. cause any part of this website or its contents to be framed or included in another website.
3. Where you supply us user-generated content you provide us with a perpetual royalty free licence to display, edit, adapt, reproduce, share or create derivative works.
Content sharing and social media
1. Subject to clause 6.2, you may:
  1. share any adverts and articles published on this website on other websites or via social media websites or social media services; and
  2. share any other content on this website via social media if we provide you with the means for doing so, e.g. if we provide a hyperlink, button or other means of sharing it via social media.
2. You may only share content from this website if you:
  1. include a hyperlink to the original content on this website;
  2. do not claim, suggest or infer that the content belongs to anyone other than us; and
  3. do not commercialise it, e.g. by charging people to access it or including it in a paid publication.
Suspension and Termination
1. We may suspend or terminate a Subscription Plan where:
  1. you break the law;
  2. you infringe another party’s intellectual property rights;
  3. you fail to comply with our AUP or Rules;
  4. you breach any of these terms;
  5. you fail to pay us any money due under these terms within 7 days of demand.
2. You may terminate a Subscription Plan at any time:
  1. on 60 days’ notice; or
  2. where we breach these terms and do not remedy the breach within 14 days of a request to do so.
3. To the extent permitted by law we will not refund payments made:
  1. where you terminate, except in the case where you terminate under clause 7.2(b); or
  2. where we terminate under clause 7.1.
Trade Marks
1. The Home of Heritage, thehomeofheritage.com, @thehomeofheritage and Historic Stays, HistoricStays.com, @historicstays are trade marks of ours. Other trade marks on this website are the property of our respective licensors.
2. You must not use any trade mark on this website without the prior written consent of the relevant owner.
Links

This website may link to websites at other addresses. Unless stated otherwise:

1. 1. we do not control, approve, endorse or sponsor any such websites or their content; and
  2. we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
Disclaimer
1. Your access and use of this website is at your own risk.
2. The internet is not secure. Material passing over the internet may be intercepted, altered or corrupted in storage or transit. You are solely responsible for the security and safety of all equipment you use to access our website.
3. We do not promise that this website:
  1. is free from errors;
  2. will operate without interruption; or
  3. is free from anything which may damage your computer or data including viruses and malware.
4. We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website.
Limitation of liability
1. The Australian Consumer Law (ACL) sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.
2. Subject to clause 11.1 and to the fullest extent permitted by law:
  1. this website and its contents including any Subscription Plan (the ‘Service’) are provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
  2. where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability for breach of such a condition, warranty or guarantee will be limited to:
    1. the resupply of the Service; or
    2. the payment of the cost of resupply of the Service; and
  3. we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents or your use of them.
Privacy
1. You do not need to disclose your identity to view this website, except in the case of locked areas or where you choose to upload user-generated content or advertise, in which case you are required to log in.
2. We may require you to provide personal details, such as name and email address, in order to use some of the functionality on this website, e.g. in order to contribute user-generated content. We will not share your contact details with anyone else without your consent, but you agree to us using your contact details to send you information that concerns or is relevant to this website or its contents.
3. Personal information is otherwise handled in accordance with our Privacy Policy.
4. We may log details about any computer used to access this website, including IP address, host, location, browser type, the date and time of access and details of webpages accessed, and information downloaded. This information is used for our own statistical purposes, to improve this website, and for use in accordance with our Privacy Policy.
Rules
1. We use Rules and or an Acceptable Use Policy (‘AUP’) to regulate the operation of the website.
2. You must comply with our Rules and any AUP.
3. If you do not comply with our Rules or any AUP then we may suspend or terminate your access to the website.
Contact
1. Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.
2. If you have any questions about these Terms, please contact us.

Terms and Conditions