SOL HUS
Website Terms of Use

Welcome to the website of SOL HUS COMPANY PTY LTD (ABN 85 666 701 444) ("we", "us", “website owner” or the "Company", a provider of tiny home accommodation.
This website is located on the web via the domain https://www.solhus.com.au and
includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use
By accessing this site, you agree to be bound by these terms of use ("Website Terms of
Use") located at https://www.solhus.com.au/website-terms, in addition to our privacy policy
located at https://www.solhus.com.au/privacy-policy, terms of service located at
https://www.solhus.com.au/terms-of-service which are incorporated by reference into these
Website Terms of Use. These Website Terms of Use constitute a binding agreement
between you and the Company and govern your use of this site.

Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site
you represent and warrant to the Company that you are over the age of 18 years. Should the
Company suffer any damage or other losses as a result of a transaction entered into by a
minor, we reserve the right to seek compensation for such losses from his/her parents or
guardians.

Restrictions on use

Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use
Without limiting any other remedies available to the Company at law or in equity, the
Company reserves the right to, without notice:

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• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

- you breach any provision of these Website Terms of Use;

-the Company is unable to verify or authenticate any information that you provide to us; or

-the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and

-remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through this site;

• your use of, or connection to, this site; or

• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

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User security

User information
In order to purchase any goods or services through this site, you must agree to these
Website Terms of Use and provide the Company with:

• a valid email address;

• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and

• any other information that may be required by the Company during the registration or purchasing process.

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You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

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Orders

Order constitutes offer
By placing an order through this site, you make an offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, the Company will endeavour to supply your selected products/services to you.

We will not commence processing any order made through this site unless and until:

• Payment for the order has been received by us in full; and

• The order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• At any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and

• At any time:

  • Refuse to provide products or services to you;

  • Terminate your access to this site; and/or

  • Remove or edit any content on this site.

Acceptance of orders
Acceptance of each order will take place if and when the Company:

• In the case of products, either:

  • Sends the requested items to you, at the time at which the items are sent by the Company; or

  • Notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company. Title to, and risk in, the items will pass from the Company to you at that time; or

• In the case of services, either:

  • Provides the services to you, at the time at which the Company commences providing the services; or

  • Notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.

Prices
The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST and may be increased on account of GST, if GST applies to the supply of the goods or services requested in your order. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Payment of the additional amount of GST will be made at the same time and in the same manner as payment for the goods and services is required to be made.

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Payment methods
Payment for orders placed through this site may be made:

• By credit card processed online using a secure Stripe payment gateway; or

• Via direct bank deposit by electronic funds transfer (EFT).

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Stripe secure payment gateway
The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as "Stripe" for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address, and billing address).

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Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.

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Payment by EFT
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

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Refunds and other remedies
Except as expressly provided otherwise in these Website Terms of Use and required under the Australian Consumer Law, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below. For more information about obtaining refunds from third-party suppliers, see the paragraphs headed "Refunds from suppliers" in these Website Terms of Use below.

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Security
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorized manner by any person other than the Company.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be canceled and, if your payment has been received, it will be refunded back to you.

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Dealings with third parties

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Third-party goods/services and websites
We do not recommend or endorse any third-party goods or services that are listed, advertised, or referred to on this site or the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within this site, or third-party advertisements, and we make no representations, guarantees, or warranties regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use.

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User acknowledgements
You acknowledge that the Company does not:

• Check the truth or currency of any of the material or information that third parties provide or make available through this site;

• Control, endorse, approve, or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;

• Offer professional advice on the quality or suitability of any goods, services, or information supplied by any such third parties; or

• Endorse or recommend any third-party supplier or any third-party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this site.

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Role of the Company
The relevant supplier, and not the Company, is:

• The supplier of the goods and/or services that you offer to purchase; and

• Solely responsible for supplying you with those goods and/or services and for those goods/services themselves.

We do not act as agent for the supplier, and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this site, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any goods or services supplied, offered, or recommended by or on behalf of a supplier.

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Supplier’s terms and conditions
Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to the relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations, and rescheduling, as applicable – prior to placing any order through this site.

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Refunds from suppliers
To the extent permitted by law, as between you and the Company, all amounts paid through this site are non-refundable where stated. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you, and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.

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Intellectual Property

Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

• This site;

• All of its content (including all of the text, graphics, designs, software, data, sound and video files, and other information contained in this site, and the selection and arrangement thereof); and

• All software, systems, and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).

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All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish, or prepare derivative works from any of the Proprietary Content, except as expressly authorized by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

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You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark, or other proprietary notices.

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Trademarks
The look and feel of this site (including all button icons, scripts, custom graphics, and headers) are the trademarks, service marks, and/or trade dress of the Company. These trademarks, service marks, and trade dress may not be used, copied, or imitated, in whole or in part, without the prior written consent of the Company.

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User Content
In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted, or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings, and feedback.

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This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove, and/or amend all or any part of any User Content at its absolute discretion.

In respect of any User Content that you upload, you:

• Represent and warrant to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and

• Grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.

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Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third-party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.

In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

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Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS, AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

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This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of this site or any of its content, and in particular do not represent, warrant, or guarantee that:

• The use of this site will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data;

• This site will meet your requirements or expectations;

• Anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete, or up-to-date;

• The quality of any products, services, information, or other material purchased or obtained through this site will meet any particular requirements or expectations;

• Errors or defects will be corrected; or

• This site or the servers that make it available are free of viruses or other harmful components.

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Limitation of liability

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Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim, or damage (whether arising in contract, negligence, tort, equity, statute, or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary, or otherwise, including any loss of profits, loss or corruption of data, or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

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Remedies limited
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

• In the case of goods, to any of the following:

  • The replacement of the goods or the supply of equivalent goods;

  • The repair of the goods;

  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or

  • The payment of the cost of having the goods repaired; and

• In the case of services:

  • The supply of the services again; or

  • The payment of the cost of having the services supplied again.

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Release
You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates from any claim, demand, or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defense to any claims or proceedings.

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Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

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General

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Interpretation
In these Website Terms of Use, the following rules of interpretation apply:

• Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of any provision in these Website Terms of Use;

• These Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;

• The singular includes the plural and vice versa;

• A reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body, or any other entity; and

• The meaning of general words is not limited by specific examples introduced by "including," "for example," "in particular," or similar expressions.

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Notifications
The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

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Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting, and other costs associated with these Website Terms of Use.

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Assignment
You may not assign, transfer, or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

 

The Company may assign, transfer, or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing, signed by the party entitled to the benefit of that power or right, and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

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Severability
The provisions of these Website Terms of Use are severable, and if any provision of these Website Terms of Use is held to be illegal, invalid, or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

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Variation
The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion, and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue, or impose limits on any aspect or content of this site or the products/services offered through this site.

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You may only vary or amend these Website Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.

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Schedule 1 – Prohibited conduct

YOU MUST NOT:

• Use any device, routine, or software that interferes, or attempt to interfere, with the proper working of this site;

• Engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;

• Use this site to decipher passwords or security encryption codes, transmit any worms, viruses, or Trojan horses, transfer or store illegal, threatening, or obscene material, or otherwise violate the security of any computer network;

• Use this site to violate any applicable local, state, national, or international law, to engage in any misleading or deceptive online marketing practices, or for any fraudulent or malicious purposes;

• Use any spider, robot, or search/retrieval application or any screen scraping, data mining, or similar data gathering device, process, program, or means to access, retrieve, or index any portion of this site;

• Use this site by any automated means;

• Use this site to transmit junk mail, spam, chain letters, or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;

• Access, retrieve, or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;

• Interfere with the display of any advertisements appearing on or in connection with this site;

• Reverse engineer, decompile, disassemble, adapt, modify, translate, frame, or reformat any of the material contained on this site;

• Reproduce, duplicate, copy, or store any of the material appearing on this site other than for your own personal and non-commercial use;

• Falsely imply that any other website is associated with this site;

• Do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;

• Use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;

• Release to the public any news release, advertising material, promotional material, or any other form of publicity or information relating to the Company without the Company’s prior written consent; or

• Use this site to transmit any information or material that is, or may reasonably be considered to be:

  • Abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically, or otherwise objectionable or offensive in any way;

  • Libellous, defamatory, pornographic, sexually explicit, unlawful, or plagiarized;

  • Infringing upon or violating any copyright, trademark, patent, or other intellectual property or proprietary right;

  • In breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

  • In breach of any person’s privacy or publicity rights;

  • A misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

  • In violation of any applicable law, statute, ordinance, or regulation, or encouraging others to do so;

  • Containing any political campaigning material, advertisements, or solicitations; or

  • Likely to bring the Company or any of its staff into disrepute.