These terms and conditions (the "Terms and Conditions") govern the use of www.HomeStagedIT.com (the "Site"). This Site is owned and operated by HomeStagedIT. This Site is a service.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
If you are using the Website or the Service on behalf of any organization, you represent and warrant that you are authorized to accept these Terms on such organization's behalf (in which case, "you" and "your," will refer to that organization), and that such organization agrees to indemnify you and us for violations of these Terms. Nothing in these Terms will be deemed to confer rights or benefits on any third party.
Changes to these Terms
We reserve the right to change or modify these Terms and any policies or guidelines governing your use of the Website and/or the Service, at any time in our sole discretion. Any such changes or modifications will be effective upon the next renewal of your order after revisions are on the Website or through the App. Your continued use of the Website or the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Website or through the App in order to understand the terms and conditions applicable to your use of the Website and the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Website, your sole recourse is to stop using the Website and the Service.
Intellectual Property
All content published and made available on our Site is the property of HomeStagedIT and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 16 years old. By using this Site, users agree that they are over 16 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Privacy
We believe strongly in user privacy. Please refer to our ("Privacy Policy") for information on our privacy practices. Your use of the Website, the App and/or the Service signifies your acknowledgment of, and agreement to, the Privacy Policy.
Your Account
We require you to register and create an account in order to use the Service. For creating an account, you must complete an online registration form designating a user ID and password.
You are solely responsible for all materials and information that you upload, post or otherwise transmit via the Service. Only you may use your account and you are responsible for your account. Please also refer to our Acceptable Use Policy.
If you become aware of any unauthorized use or access of your account, or have any account related questions, please contact us. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Account Terms
You represent and warrant that you: (a) are authorized to use the Website, the App and the Service; (b) all of your registration, account and payment information is true, accurate and complete at all times; (c) you will maintain the security of your password, if any; and (d) you accept all responsibility for all activity that occurs under your user name. Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.
You acknowledge and agree that you may only access and use the Website, the App, and the Service for lawful purposes and in accordance with any use or account restrictions defined in these Terms or any applicable Order Forms, or imposed by the Website, the App, or the Service.
You get to choose your email address(es) when you register for an account. If it is a personal email account, you solely will have the right to control it. If, however, your organization provided you with your account, you understand that such organization has rights to your account and may: (i) manage your account (including suspending or canceling it); (ii) reset your password; (iii) view your usage and profile data, including how and when your account was used; and (iv) manage the Content (as defined below) in your account. If you are the primary contact and/or administrator of your organization's relationship with HomeStagedIT, you acknowledge and agree that all users you authorize to access HomeStagedIT on behalf of your organization have reviewed and will comply with all terms and conditions herein.
Data Security
While we take reasonable measures to safeguard your Content, you are solely responsible for maintaining a backup of all of your Content outside of the Service that is readily available to you at all times in case of any loss, erasure or destruction of your Content stored on the Service. In particular, we are not responsible for any delays, problems or other issues that may arise during the process when you sync up the Services across various platforms, such as your smartphone, iPad and/or any laptop or desktop through which you access the Service. We do not control those devices and cannot ensure their safety or the security of your Content available through those devices, including, without limitation, any unauthorized access by anyone using those devices with or without your consent. You acknowledge and understand that we rely on third party providers to provide us and users of the Service, including you, various security and encryption measures reasonably necessary to safeguard your Content. If we have listed the measures that we currently take on the Website and/or App merely for illustration purposes and we do not warrant their availability at all times or their efficacy. Our respective vendors are solely responsible for the security measures they provide and your sole remedy for any security incident affecting your Content would be against them and not us.
Please be aware that we do not and cannot guarantee that our privacy and data security policies and practices will comply with or conform to any minimum or higher privacy or data security standards that may be imposed on any materials or other content you store on HomeStagedIT. You are solely responsible for complying with such policies and practices, and you acknowledge and agree that HomeStagedIT will not be liable in the event your use of HomeStagedIT does not comply with such policies and practices. You are solely responsible for verifying and ensuring that our systems meet any such requirements imposed on you by applicable law, regulations, governmental, court or regulatory orders, or custom or usage of trade, and we are not responsible for any resulting consequences you may face if our systems or our service is found not to meet those specific legal, regulatory or governmental standards.
Acceptable Use Policy
You agree that you will not, nor will you encourage others or assist others, to: (a) harm the Service or use the Service to harm, threaten or harass others; (b) build a similar or competitive service or website using information or other materials accessible only to those who create an account with HomeStagedIT; (c) damage, disable, overburden, or impair the Service (or any network connected to the Service); (d) resell or redistribute the Service or any part of it; (e) probe, scan or test the vulnerability of any system or network related to the Service; (f) breach or otherwise circumvent any security measures or authentication protocols, including any authorized third party payment network protocols used by or through us; (g) use any authorized means, or any automated process or service (such as a bot, spider, or periodic caching of information stored on HomeStagedIT) to modify, reroute, or gain access to or use of the Service or attempt to carry out any of these activities; (h) use the Service beyond the features or functionality allocations and amounts or storage space limits provided in your specific Service or in violation of our fair use policy; (i) use the Service to violate any law or distribute malware, malicious, unlawful, indecent or pornographic Content; (j) distribute, post, share information or Content you don't have the right to or is illegal or that violates the terms of Section 6 above; or (k) violate the privacy or infringe the rights of others.
You also agree to comply at all times with all laws, regulations, government, court and regulatory orders, notifications, customs and usage of trade as may be applicable to you and your use of the Service. In particular, you will not create, upload, or store any Content on HomeStagedIT if such creation or storage would result in breach of your legal or regulatory obligations and may expose us to any legal or regulatory action, investigation, penalty, fine or suspension. You understand and acknowledge that HomeStagedIT merely provides an inventory management and storage system for individuals and businesses and we do not control how or what Content or other information you specifically store on HomeStagedIT, except for any overall account and storage limits that we may impose from time to time based on your account type. In addition, you agree that you are solely responsible for your inventory, including obtaining and maintaining adequate warehouse or other insurance.
Copyright
The Website and all content and other materials on the Website, including, but not limited to, the "HomeStagedIT" effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are our property or that of our licensors or users and are protected by New Zealand and/or international copyright laws.
Limited License and Restrictions
We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Website, the App and the Materials solely in accordance with, and subject to, these Terms (including any additional terms incorporated by reference) and any other of our policies and guidelines as posted on the Website, the App or the applicable app store ("Store"). Except as otherwise expressly permitted by these Terms, you may not: (a) collect, use, copy or distribute any portion of the Website, the App or the Materials; (b) resell, publicly perform or publicly display any portion of the Website, the App or the Materials; (c) modify or otherwise make any derivative uses of any portion of the Website, the App or the Materials; (d) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Website or the App; (e) use the Website or the App in a manner which results in the depletion of Website or the App infrastructural resources; (f) download (other than page caching) any portion of the Website, the App the Materials or any information contained therein; or (g) use the Website, the App or the Materials other than for their intended purposes.
DISCLAIMER OF WARRANTIES
The website, the app, the service, the material and the support, and any service included on or otherwise made available to you through the website, the app or the store are provided to you on an "as is" or "as available" basis without any representations or warranties or conditions of any kind, unless otherwise expressly set forth in writing. We do not warrant that the website, the app, the materials, the support or any service included on or otherwise made available to you through the website or the app are free of viruses or other harmful components. We make no representations or warranties with respect to the availability, reliability or security of the website, the app or the service. Unless otherwise expressly set forth in writing, we disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the website, the app, the materials, the support and any service included on or otherwise made available to you through the website or the app whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including: (a) any and all warranties of merchantability; (b) any and all warranties of fitness or suitability for any purpose (whether or not we knew, have reason to know, have been advised, or are otherwise aware of any such purpose); (c) any and all warranties of noninfringement or condition of title; (d) all warranties with respect to uptime and data accuracy; (e) all warranties with respect to any and all content and related deliveries provided in connection with this agreement; and (f) that the website, the app, the materials, the support and any service included on or otherwise made available to you through the website or the app will operate without interruption or error. You acknowledge and agree that you have relied on no warranties. This disclaimer and exclusion will apply even if the express warranties set forth above fail of their essential purpose.
LIMITATION OF LIABILITY
In no event will HomeStagedIT and our directors, officers, agents, employees, subsidiaries, and affiliates or its licensors be liable to you or any third party for loss of revenue, loss of profits, or any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the website, the app, the materials, the support and/or any service included on or otherwise made available to you through the website or the app, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. In no event will our total cumulative liability to you or any third party arising out of or in connection with the website, the app, the materials, the support and any service included on or otherwise made available to you through the website or the app exceed the greater of (a) aggregate of the net amounts received by us from you, if any, for solely your access to or use of the website or the app (not your payment for any service or products provided by us), and (b) $10. Multiple claims will not expand this limitation. This section will be given full effect even if any remedy specified in these terms is deemed to have failed of its essential purpose. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnification and Release
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the "Indemnified Parties") harmless from and against any and all actual suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against any Indemnified Parties, whether successful or not, resulting from or arising in connection with: (a) your use of the Website, the App, the Materials, the Support and/or the Service; (b) your gross negligence or willful misconduct; (c) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (d) any Content you upload to, posted on, create on, transmit through or link from the Website or the App.
Confidentiality
During your use of the Service, we may share information that is confidential, sensitive or is intended to be kept secret. Similarly, we agree that your Content, account information and payment information is confidential to you. Also, any materials either of us shares that are labeled "confidential" (or something similar) or communicated (in writing or via email) as confidential or may be understood to be so by a reasonable person, such materials would also be deemed confidential information.
Confidential information, however, will not include information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had a right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information. The same applies to any information that we disclose to you that falls in any of these categories.
You and we agree that: (i) confidential information will remain the property of its owner; (ii) we will treat each other's confidential information with the same degree of care that we treat our own confidential information but, in any event, with no less than a reasonable degree of care; (iii) we will use each other's confidential information only in connection with these Terms and the Service; (iv) we will share confidential information only on a "need to know" basis with those who agree in writing to maintain its confidentiality in a similar manner; and (v) we will not share any confidential information with any third party expect as allowed by these Terms or through the Service.
Suspension and Termination of the Service
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you, to suspend or terminate your access to the Service, and/or any of your rights under these Terms (including, but not limited to, your right to use the Website, the App and the Service) and to block or prevent your access to and use of the Website, the App and the Service if we reasonably believe that you have breached these Terms. We also reserve the right to deactivate, change and/or require you to change any HomeStagedIT user ID or password used in connection with the Service, if we reasonably believe that you have breached these Terms.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or our Acceptable Use Policy mentioned above. You must make such a request within 14 days following termination; otherwise, any Content you have stored with the Service may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period.
Service Updates
We reserve the right to make necessary deployments of changes, updates or enhancements to the Service at any time. We also may add, remove, upgrade or downgrade any functionality or features, or we may suspend or stop the Service altogether at any time.
Electronic Communications
Notwithstanding any terms to the contrary in these Terms, HomeStagedIT may choose to electronically deliver all communications with you, which may include: (a) email to your email address indicated in your communications with HomeStagedIT or upon registration with, or use of, the Website, the App or the Support; or (b) posting messages that are displayed to you when you log in to or access the Website, the App or the Support. HomeStagedIT's electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with HomeStagedIT, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received when the email is sent to you. If you don't consent to receive notices (other than promotional materials) electronically, you must stop using the Service.
Subscriptions; Fees; Automatic Renewals
HomeStagedIT provides the Service that may include different features and functionalities ("Subscriptions").
HomeStagedIT offers Subscriptions through the Website and App, and pursuant to separately executed Order Forms. If you sign up for a paid Subscription, you agree to pay any and all applicable fees presented to you at the time you enroll in a Subscription or as described in the Order Form, as applicable ("Fees"). Fees exclude all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). We may calculate taxes payable by you based on the billing information that you provide us at the time of subscription.
Subscriptions will automatically renew at the end of the applicable period, either monthly or after the term defined in the applicable Order Form, unless you cancel or downgrade your account (as applicable) before the end of the applicable period in accordance with these Terms. If you do not wish your Subscription to renew automatically, you either (i) need to manage your Subscription through the Website, App, or Store, as applicable, or (ii) by contacting us at info@HomeStagedIT.com. You acknowledge and agree that deleting the App off of your device without following the process described in this subsection will not terminate the automatic renewal for your Subscription.
We reserve the right to change our Fees at any time in our sole discretion. We will notify you in advance, either through the Service, the App, the Store or to the email address you have most recently provided to us, if we change the Fees applicable to your Subscription. If there is a specific length and price for your Subscription, the Fees will remain in force at that rate for that time, unless otherwise specified in the Store or in an applicable Order Form. After the initial Subscription period ends you will be assessed the modified Fees your use of the Service will be charged at the new Fees. If your Subscription is on a period basis (for example, monthly or annual) with no specific term we will notify you of any change in Fees at least 30 days in advance, unless a shorter period is otherwise specified. If you don't agree to these changes, you must cancel and stop using the Service by sending us an email (with cancellation confirmation from a HomeStagedIT representative or agent) no later than 30 days prior to the conclusion of your current payment term, whether monthly, annual, or otherwise.
For all Subscriptions for which you are charged Fees, you agree that you; (a) will only receive the features and functionality that are included in the specific subscription plan that you have purchased; (b) are responsible for setting your configurations of your specific Service; and (c) are responsible for managing all of your devices and/or systems that you use to access your specific Service.
Billing, Payments and Refunds
We typically bill in advance on a monthly or annual basis for Subscriptions.
Cancelling the Service will not result in any refunds whatsoever for any remainder of your subscribed term.
Payments for all premium features are due at the time you sign up for them, unless we expressly agree otherwise in writing on a case-by-case basis. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 7 days (unless another period is specified by the Store), your account will be deactivated and all files will no longer be retrievable.
Except as specifically set forth in this section, all Subscriptions are prepaid for the period selected (monthly, annual or otherwise) and are non-refundable. This includes accounts that are renewed. The amount of Fees due will be stated and due at the time you sign up for your Subscription on the Order Form. Unless stated otherwise in the Order Form, payment for plans shall be due Net 30 days from the effective/start date of the Order Form. The Order Form will also serve as an invoice for your records.
Except as prohibited by law, we or the Store may assess a late charge if you do not pay on time. You must pay these late charges when we or the Store bills you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate permitted by law, unless the Store specifies a higher interest rate. We or the Store may use a third party to collect past due amounts. You must pay for all reasonable costs we or the Store incurs to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We or the Store may suspend or cancel your Service if you fail to pay in full on time.
Applicable Law
These Terms and Conditions are governed by the laws of New Zealand.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
info@HomeStagedIT.com