My Home Connect - Home Security SystemMy Home Connect - Home Security System

Terms and Conditions

MY HOME CONNECT ACN 167 597 435 Website Terms and Conditions

In these terms, “we” and “us” mean MY HOME CONNECT Pty Ltd (MHC) and “you” means you the customer or site visitor.

Access to and use of the Website and the products and services available through the Website are subject to the following terms as may be updated by us from time to time.

  1. Your acceptance

  • These terms and conditions, to be read in conjunction with the MHC Consumer Guarantees and Warranties Guidelines, (together, the Terms) are the terms on which MHC permits users to access and use the MHC website www.myhomeconnect.com.au (Website) and associated software, networks and processes including using the Services, viewing Content provided by MHC, communicating with MHC, reviewing product information and placing an order for goods or services (Order) through the online store (Online Store).
  • You agree to be bound by these Terms by:

(i)            using, browsing or accessing any part of the Website;

(ii)           registering as a member through the Website; or

(iii)          placing an Order through the Online Store.

  • MHC may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
  • The Website is subject to change at any time without notice and may contain errors.

 

  1. Scope of Services

Subject to these Terms, we may provide you with certain services, which include but are not limited to, self-monitored mobile-based alarms, surveillance, monitoring, use of the MHC and Oplink Websites, and use of the Oplink mobile application (Services). Details of the Services are more fully described on the Website. The Services are for your own use, and not for the use or benefit of any third party.

 

  1. Orders for goods through the Online Store

  • The purchase of goods or Services from MHC via the Online Store is governed by these Terms and any relevant terms of third party websites that are involved in the sale of the goods or Services (including privacy policies).
  • MHC provides its Website visitors and members the opportunity to purchase goods and Services from MHC. By placing an Order via the Online Store, you are offering to purchase a product or Services on and subject to these Terms. All Orders are subject to availability and confirmation of the order price.
  • To place an Order with MHC you must be over 18 years of age and have a registered PayPal account, valid credit card or debit card issued by a bank or credit union acceptable to us.
  • By placing an Order via the Online Store you are making an offer and commitment to purchase the goods or Services on these Terms. An Order is subject to acceptance or rejection by MHC in its discretion after receipt of the Order in Australia. Once you have placed an Order and the applicable payment is received by us, the Order cannot be cancelled by you.
  • Once you have placed an Order, we will send you an acknowledgement email confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card, nominated bank account or PayPal account.
  • We will send you a second email confirming the Order once full payment for the Order has been received by MHC and the Order has been dispatched. Once this has occurred, the sale contract has concluded and title in the goods passes to you as well as any risk of loss or damage. MHC shall not be liable for any such loss, deterioration or damage caused to the goods after title and risk has passed.
  • MHC does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
  • MHC shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of MHC (or its affiliates), and MHC shall be entitled to a reasonable extension of time for the performance of such obligations

 

  1. Pricing and availability

  • All prices are shown and transactions are processed in Australian Dollars (AUD). Prices are inclusive of goods and services tax. In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or Services.
  • You should note that some countries have import restrictions on certain goods or services. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an Order. If you are outside Australia you will become the importer and may be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
  • Whilst we try to ensure that all details, descriptions and prices which appear on the Website and Online Store are accurate, errors may occur. If there is a pricing error in any of the goods or Services you have ordered we will notify you as soon as possible. You will have the option to proceed with your Order at the correct price or cancel your Order. The Order will be automatically cancelled if we are unable to contact you. If you cancel your Order and you have already paid for the goods or Services, we will provide you with a full refund.
  • MHC reserves the right to change the prices of goods and Services in our Online Store from time to time as required. We reserve the right to change pricing and other information immediately without notice to you in the event of any errors. We also reserve the right to refuse to complete any Orders based on information on our Website or Online Store that is outdated or otherwise incorrect.
  • Certain aspects of the Services may require ongoing payment. You must pay all applicable charges and fees according to the Service package selected by you in our Online Store. Additional charges may be applied depending on the number of users of Services, and the number and/or types of devices activated as part of the Services. These charges and fees will be automatically billed on a monthly basis to the credit or debit card you provide us.
  • Upon written notice to you, we reserve the right to change the prices of the Services. Your use of the Services following such notification constitutes your acceptance of any new or increase in charges. All fees paid for Services are non-refundable.
  • If you miss a monthly payment for Services for any reason, we have the right to apply the missed payment in addition to any future billing amount.

 

  1. Product specifications

  • Features and specifications of goods described or depicted on the Website are subject to change without notice.
  • All weights and dimensions of goods described on the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

 

  1. Monitoring and notification service

  • MHC provides a self-monitored service. We do not provide any professional monitoring services. Details of our Services can be found on the Website. Your MHC product must not be linked to any emergency service contact numbers, including 000 or any local police department.
  • It is your responsibility to ensure that the appropriate event messages can be relayed to you and your authorised contacts. It is also your responsibility to determine the appropriate response to all events and you accept that, upon receiving a notification, you are entirely responsible for your response and that of your authorised contacts. Should such a response incur costs, you accept full liability for those costs.
  • If you attempt to use MHC goods and Services for medical emergency notifications, you accept that such use of the Services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold MHC responsible or liable.
  • You acknowledge that the MHC equipment may experience signal transmission failures or delays for any number of reasons. Your designated contacts are authorised to act on your behalf. You acknowledge that the MHC system employs a number of measures to help reduce occurrences of false alarms (including the implementation of default settings and various procedures to determine when and how to respond, if at all, to certain events) and you accept MHC’s use of these measures.
  • You acknowledge that MHC goods and Services have not been designed or programmed pursuant to any law, code or rule that may be applicable to your particular premises.

 

  1. Discount codes

MHC may offer discount codes to be used in the Online Store in relation to some promotions. The conditions of a discount code will be specified at the time of issue.

 

  1. Returns and refunds of an Order

  • Any refund or return will be at MHC’s discretion and in accordance with the ‘MHC Consumer Guarantees and Warranties Guidelines’ (a copy of which can be found here www.myhomeconnect.com.au) and applicable laws.
  • With respect to cancelling Orders made via the Online Store, if you wish to cancel your Order:
  1. before the Order has been despatched from the MHC warehouse, you are entitled to a refund. However, a 2% service fee will be deducted from the total purchase amount. Alternatively, a store credit can be issued for you to use at the Online Store;
  2. after the Order has been despatched from the MHC warehouse, the Order cannot be cancelled and you will not be entitled to any refund and the goods may not be returned. However, if the goods MHC branded and are returned in a re-saleable condition, you will be entitled to a refund minus any shipping or delivery costs incurred.
  • If the good(s) received is different from that listed in your Order, you will be entitled to a refund.

 

  1. Termination of Services

  • These Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time by giving 30 days’ notice to our customer support team in one of the ways set out at clause 28.
  • If you breach any of the Terms, we may suspend or terminate your use of any and all Services at any time, without giving you prior notice.
  • For your convenience you may enter into an automatic monthly payment plan for the Services.

 

  1. Colours

Please note that colours of products will sometimes vary depending on the quality and make of the device or monitor they are being viewed on.

      2. No installation provided

Our products are not intended to be installed by professional installers and we will not provide installation services of any kind. You are responsible for all product installations. However, we will provide online or over-the-phone technical support for troubleshooting any equipment or system issues during normal business hours. For more information please see here www.myhomeconnect.com.au.

  1. Deliveries 

  • MHC tries to ensure that all products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may cause delays. MHC does not accept any liability for loss or damage suffered by you as a result of any such delays in delivery.
  • MHC will not deliver goods to PO Box addresses.
  • Where you give written authority for goods to be delivered without a signature, any and all insurance cover (if purchased) will be void.
  • The couriers or postal services nominated by MHC will deliver goods during local business hours (9am to 5pm, Monday to Friday).
  • Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.

 

  1. Fraud Prevention

  • If your nominated payment method triggers our fraud prevention protocols, the transaction will be declined. Your Order will not be fulfilled until payment has passed our fraud prevention protocols. These checks are in place to protect credit and debit card holders from online fraud.
  • In addition to our rights under these Terms we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

 

  1. Content

  • MHC has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. MHC reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
  • The Content on the Website is for general information purposes only. Furthermore, MHC does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of MHC materials or information by another person or organisation is at the user’s own risk.
  • The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
  • While care has been taken in preparing the Content on this Website, MHC and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
  • You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.
  • If you have a complaint regarding any Content, MHC’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

 

  1. Links

  • The Website may contain links to other web sites. MHC provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
  • Other web sites which are linked to the Website (including Facebook, Twitter, Google), are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. MHC is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. MHC is not responsible for and will not be liable in respect of any incorrect link to an external web site.
  • You are not permitted to frame or link the Website without MHC’s express written permission.

 

  1. Access and communication

  • Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), MHC does not warrant that you will have continuous access to the Website. MHC will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
  • MHC does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and MHC does not guarantee the security or confidentiality of these communications or the security of the Website.
  • MHC does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
  • Details contained on the Website relating to goods and Services have been prepared in accordance with Australian law and may not satisfy the laws of another country. MHC does not warrant that:

(i)            the goods or Services available on this Website; or

(ii)           the Website and its content,

comply with the laws of any other country. It is your responsibility to determine whether the goods or Services comply with the laws of your jurisdiction.

  • If you access and use this Website or its content from outside Australia or purchase any goods or services, you do so at your own risk.

 

  1. Privacy

Any personal information submitted by you to MHC is subject to and will be handled in accordance with MHC’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at www.myhomeconnect.com.au. You agree that, by using the Website or communicating with MHC, you have read the Privacy Policy, understood its contents and consented to its requirements.

 

  1. Intellectual property

  • All intellectual property rights, including copyright and patents, in the Website, MHC’s goods and Services, and all components of them are owned or licensed by MHC or any of its related entities. You must not copy, modify or transmit any part of the Website.
  • The Website, goods and Services contain trademarks, logos, service names and trade names of MHC or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website, goods or Services.

 

  1. Website licence and use

MHC grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 20. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to MHC will be treated as non-confidential and non-proprietary information.

  1. Prohibited uses

  • In using the Website you must not:
    • engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
    • impersonate or falsely claim to represent a person or organisation;
    • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
    • post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
    • post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
  • Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
  • MHC provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website (including placing Orders though the Online Store) you assume all risk in this regard and you release MHC from all applicable liability and responsibility.

 

  1. Termination of your access to the Website

MHC may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

  1. Disclaimer of warranties and limitation of liability

    • To the full extent permitted by law, MHC excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and Services advertised or accessible on the Website.
    • Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) MHC excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
    • Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) and subject to clause 8, MHC excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and Services advertised, accessible or sold on the Website.
  2. Indemnity

You agree to fully indemnify MHC, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  • any breach of these Terms by you;
  • your access or use of the Website; or
  • your communications with MHC.

 

  1. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

 

  1. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

 

  1. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

 

  1. Entire Agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MHC. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of MHC.

 

  1. Contacting us

If you have questions about the Website, the Terms or Privacy Policy, please contact us by:

Email:  info@myhomeconnect.com.au

Phone: 1300 586 286

Mail:     My Home Connect

19/19-23 Clarinda Road

Oakleigh South VIC 3167

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