Limitation of liability and Your rights
Exclusion of liability
Homepass makes no representations or warranties as to the timeliness, availability, accuracy or completeness of any information contained on this website or our apps or links to third party material including other product and service providers. The information provided on our websites or our apps may become outdated. Homepass undertakes no obligation to correct or update any content or information on this site or our apps.
Homepass may make improvements and or changes to the content at any time without notice and reserves the right to alter or delete content at any time.
Except where we are not permitted to do so in accordance with applicable law, including the Australian Competition and Consumer Act 2010 (Cth), all Homepass website and app content is provided “as is” without any warranties of any kind, either express or implied, including but not limited to the implied merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed. Neither Homepass nor any affiliate or party involved in creating, producing or delivering this site or our apps will be liable for Your use of or reliance on content contained on this site or our apps under any circumstances, including negligence, breach of statutory duty and misrepresentation.
Homepass will not be liable for any injury or any direct, indirect, special, exemplary, incidental, consequential, punitive or other damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of content on this website or our apps. Our exclusion of liability applies to the fullest extent permissible by law.
In no event shall Homepass’s liability to You for all damages, losses and causes of action arising from or related to this website or our apps (whether in contract, tort, including negligence and breach of statutory duty or otherwise) exceed the amount paid by You (if any) for accessing our websites or apps or $100, whichever is less.
For liability in relation to breach of any non-excludable rights, to the extent permitted by applicable law, our liability is limited to the cost of repairing or replacing defective offerings or supplying again.
Where non-excludable rights apply under Australian consumer law, Homepass comes with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to repair or replacement if our offerings fail to be of acceptable quality and the failure does not amount to a major failure.
These Terms will be governed and construed in accordance with the laws of New South Wales, Australia. Any dispute resolution procedure or legal proceedings must be commenced in New South Wales, Australia only.