Last modified: 27 October 2016
1. Welcome to My House Geek!
Use of the expression “MHG services” includes MHG services delivered via the MHG website and app.
4. Electronic Contracting
Your use of the MHG services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to transactions you enter into on our website and app, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
5. Your Account
As a user of MHG services, you may establish an account (“Account”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur through your Account. MHG will not be responsible for any losses arising from the unauthorised use of your Account.
You agree to provide accurate and complete information when you register with, and as you use MHG services, and you agree to update your registration data to keep it accurate and complete. You agree that MHG may store and use the MHG registration data you provide for use in maintaining and billing fees to your Account.
6. MHG online purchase procedure
6.1 Purchase request information
When you purchase MHG services, you must supply your name, email address, bank card number, expiration month and year, CVC and any other purchase information as specified on our website or app.
6.2 Purchase request approval and rejection
After receipt of your purchase request, we will at our discretion accept or reject your offer to purchase. We may reject your purchase request for a number of reasons including but not limited to insufficient funds in your bank account.
6.3 Delivery of MHG services to you
Important points about your purchase request:
- We are not required to give reasons for rejecting your offer to purchase MHG services.
- If we reject your offer to purchase our services for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
- Delivery of MHG services to you will be effected in the manner described on the MHG website or app.
- You will not be able to use MHG services until payment has been received.
- Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax.
- MHG services are offered for sale only to persons who can make legally binding contracts.
7. Cancellation due to error
8. Disclaimer of warranties: liability limitation
You may have rights under statutory consumer protection laws including the Competition and Consumer Act 2010 (Cth). The following disclaimer of warranties and liability limitations apply subject to any rights you may have under such laws.
8.1 Service interruptions
MHG does not guarantee, represent, or warrant that your use of MHG will be uninterrupted or error free.
In addition to any other provision of this Agreement, MHG and any of its licensors reserve the right to change, suspend, remove or disable access to any MHG services, content or other materials comprising part of the MHG service at any time without notice to protect its legitimate interests. In no event will MHG be liable for making these changes. MHG may also impose limits on the use of or access to certain features or portions of the MHG service or stop a MHG service altogether, in any case and without notice or liability to protect its legitimate interests. Our disclaimer will survive termination.
8.2 MHG services available “as is”
You expressly agree that your use of, or inability to use, the MHG service is at your sole risk. The MHG service is delivered to you “as is” and “as available” for your use, without warranties of any kind and this includes express or implied warranties and all implied warranties of merchantability, fitness for a particular purpose, title and non infringement.
Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian Consumer law, there are certain consumer guarantees that cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.
8.3 Exclusion of liability
In no case will MHG, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any MHG service or for any other claim related in any way to your use of the MHG service, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted or otherwise made available via a MHG service.
You indemnify, and must defend and hold harmless, MHG, its directors, officers, employees, affiliates, agents, contractors, or licensors from and against any claim or prosecution in relation to the European Union General Data Protection Regulation or any other related regulation, directive or law in respect of Personal Information obtained by MHG or its directors, officers, employees, affiliates, agents, contractors, or licensors from you.
8.4 Your information
MHG will use reasonable efforts to protect information submitted by you in connection with the MHG services, but you agree that your submission of such information is at your sole risk, and MHG disclaims any and all liability to you for any loss or liability relating to such information in any way.
8.5 Viruses and security breaches
MHG does not represent or guarantee that MHG services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MHG disclaims any liability for these occurrences.
You must take your own precautions to ensure that the process which you employ for accessing the MHG website and/or app does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of MHG services.
8.6 Liability limitation
Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon MHG that cannot be excluded, restricted or modified. These terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which MHG is entitled to do so, MHG limits its liability in respect of any claim under those provisions to:
In the case of services, at MHG’s option:
- supplying the services again; or
- the payment of the cost of having the services supplied again.
9. Waiver and indemnity
You agree that, to the extent permitted by law you cannot sue or recover any damages from MHG, its directors, officers, employees, affiliates, agents, contractors, principals and licensors as a result of MHG’s decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to MHG services or to take any other action during the investigation of a suspected violation or as a result of MHG’s reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
10. Specific warnings
10.1 Illegal access
10.2 Australian law
10.3 Exclusion of CISG
10.4 Accuracy of information and service offering
We do not accept responsibility for any loss suffered as a result of reliance by you upon the MHG services, the accuracy or currency of information contained on the MHG website or app.
11. Intellectual property
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of MHG’s website or app; or
- commercialise any information, services or services obtained from any part of MHG’s website or app, without our written permission.
If you use any of our trademarks in reference to our activities, services or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, services or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information or services (including the MHG website and app).
14. Termination for breach of terms of sale
- terminate this Agreement and/or your Account; and/or
- terminate the license to the MHG service; and/or
- preclude access to the MHG service (or any part thereof).
15. License of MHG services
15.1 License only
15.2 Binding agreement
Your license to any MHG service under this Standard EULA or separate end user license agreement is granted by MHG, and your license to any Third-Party service under this Standard EULA or separate end user license agreement is granted by the Application provider of that Third Party service.
Any MHG service that is subject to the license granted under this Standard EULA is referred to as the “Licensed Application”. The Application Provider or MHG as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
15.3 Scope of license
You may not rent, lease, lend, sell, transfer, re-distribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove access to the Licensed Application from the device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
15.5 Consent to use of data
16.1 The MHG website and app
We are not responsible for the content or privacy practices associated with linked websites.
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, services or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
16.2 To this website
Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
- ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
- ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;
- ensuring that anyone that accesses our materials through a link on your website or app does not circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from our website or app rather than via your links; and
- being otherwise subject to our directions, including any take down, cease or desist directions.
17.1 How we handle emails
17.2 Security of information
18. Governing law
21. Third-party data usage
Australia Limited licensed by the Commonwealth of Australia under Creative Commons Attribution 4.0 International licence (CC BY 4.0).
MHG fuses data from the following providers:
- Australian Curriculum, Assessment and Reporting Authority, available at http://asl.acara.edu.au. Licenced under Creative Commons Attribution 4.0 International (CC BY 4.0).
- Australian Government Australian Institute of Health and Welfare, available at http://www.aihw.gov.au/hospitals/australian-hospital-statistics/. Licenced under Creative Commons Attribution 3.0 Australia (CC BY) licence.
- Australian Government Department of Communications and the Arts.ACT ACTION Bus Service, available at https://data.gov.au/dataset/action-bus-service-gtfs-feed-act. Licenced under Creative Commons Attribution 3.0 Australia.
- ACT Government Education Directorate.ACT Government, available at http://data.gov.au/dataset/location-of-act-schools. Licenced under Creative Commons Attribution 3.0 Australia.
- NSW Government Department of Education, available at https://data.cese.nsw.gov.au/. Licenced under Creative Commons Attribution 4.0 International (CC BY 4.0) licence.
- NSW Government Transport for NSW, available at https://opendata.transport.nsw.gov.au/site/en_us/home.html. Licenced under Creative Commons Attribution 4.0 License.
- NT Government Department of Education.
- NT Government Department of Lands and Planning, Public Transport Division, available at http://data.gov.au/dataset/journey-planner-data-nt. Licenced under Creative Commons Attribution 3.0 Australia.
- QLD Government Department of Education and Training, available at https://schoolsdirectory.eq.edu.au/. Licenced under Creative Commons Attribution 3.0 Australia (CC BY) licence.
- QLD Government Transport and Main Roads, available at https://data.qld.gov.au/group/82cb68ff-c621-4837-978b-891a4239a630?organization=transport-and-main-roads. Licenced under Creative Commons Attribution 3.0 Australia (CC BY) licence.
- SA Government Department of Planning, Transport and Infrastructure, available at http://data.sa.gov.au/data/dataset/adelaide-metro-general-transit-feed. Licenced under Creative Commons Attribution 4.0 International (CC BY 4.0).
- SA Government Education and Early Childhood Services Registration and Standards Board of South Australia.
- TAS Government Department of Education.TAS Government Metro Tasmania, available at http://www.metrotas.com.au/community/gtfs/.Universities Australia, available at https://www.universitiesaustralia.edu.au/australias-universities/university-profiles. Licenced under Creative Commons Attribution 4.0 International.
- VIC Government Department of Education and Training.VIC Government Public Transport Victoria, available at https://www.data.vic.gov.au/data/dataset/ptv-timetable-and-geographic-information-2015-gtfs. Licenced under Creative Commons Attribution 4.0 International.
- WA Department of Local Government and Communities.WA Government Transperth, available at http://www.transperth.wa.gov.au/About/Spatial-Data-Access.
This service includes GeoLite2 data created by MaxMind, available from http://www.maxmind.com.