Terms & Conditions of Service

TERMS & CONDITIONS OF SERVICE

INTRODUCTION

Please take the time to read these terms and conditions of service. By using our website and the services and information offered therein, you are agreeing to said terms and conditions of service.

If you purchase products through our website, there will be additional terms and conditions relating to the purchase, and potentially the specific individual or collective product/ bundle. Please make sure you agree with these terms and conditions prior to completing your purchase. Once you have completed your purchase, you are deemed to have agreed to all terms and conditions relating to said purchase.

DEFINITIONS

Service means providing information and selling products on our website.

Website means the website www.happyhomeau.com

We / Us/ Our etc means Happy Home Au and any subsidiaries, affiliates, employees, officers, agents or assigns.

You/ User means the customer, agent, representative, individual, entity, organisation etc that uses in any capacity the services provided by Happy Home Au on www.happyhomeau.com

ACCURACY OF CONTENT

We have taken proper care and precautions to ensure that the information we provide on our website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on our website or on any linked site. The information contained on this website should not take the place of professional or expert advice, whether legal, medical, nutritional/ health related or otherwise.

USE

Our website is made available for your use on your acceptance and compliance with these terms and conditions of service. By using our website, you are agreeing to these terms and conditions. You agree that you will use our website in accordance with all applicable local, state, national and international laws, rules and regulations. You agree that you will not use or authorise any third party to use, contribute to, or make any public comments on our website or other associated or connected online profiles, for any purpose that is unlawful, defamatory, harassing, abusive, violent, fraudulent, obscene, inappropriate, or in anyway which conflicts with our website or the services. We reserve the right to interpret, appropriate or enforce these terms, based on their dictionary definitions, at our own discretion. The enforcement of these terms and conditions may include and unwillingness to publish such comments and/or remove them from our website or associated or connected online profiles. We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

PASSWORDS & LOGIN

You are responsible for maintaining the confidentiality of your password(s) and login(s) details and for all activities carried out under your password(s) and login(s).

INDEMNIFICATION FOR LOSS OR DAMAGE

You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of our website or the services or information offered therein. Inclusive of any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

INTELLECTUAL PROPERTY & COPYRIGHTS

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on our website or in connection with the services. You must not use or replicate our copyright material other than as permitted by us or by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement. If you wish to use content, images or any content other intellectual property owned by us, you should submit your request to us by email at admin@happyhomau.com.

TRADEMARKS

The trademarks and logos contained on our website are trademarks of Happy Home Au. Use of these trademarks is strictly prohibited except with our expressed consent in written form.

EXTERNAL LINKS

Our website may contain links that direct you outside of our website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, their contents or any associated website, product, service, or entity. We accept no liability for loss or damage arising out of or in connection to your use of such a site.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to you, your website, brand, or otherwise defined or implied identity. We may withdraw our consent to you linking to our site at any time by notice to you. Failure to comply with our expressed withdrawal of consent within a reasonable expressed time-frame, will be viewed by us as a contravention of our terms, conditions, and policies of our services. Happy Home Au reserves the right to take legal action against any individual and/or entity for failing to comply with our terms, conditions, and policies of service.

LIMITATION OF LIABILITY

We take no responsibility for the accuracy of any of the content or statements contained on our website or in relation to our services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Furthermore, all of our services are provided without a warranty with the exception of any warranties provided by law (eg. product warranty). We are not liable for any damages whatsoever, incurred as a result of or relating to the use of our website or our Services.

INFORMATION COLLECTION

Use of information you have provided us with, or that we have collected and retained relating to your use of our website and/or our services, with exception to what is governed by law, is also governed by our Privacy policy. By using our website and the services associated with our website, you are agreeing to the said policy. To read more about why we collect personal information from you and how we use that information, please visit https://happyhomeau.com/pages/privacy.

CONFIDENTIALITY

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of our website will be confidential due to the potential ability of third parties to intercept and access such information. To read more about how your personal information collected and used, please visit https://happyhomeau.com/pages/privacy.

GOVERNING LAW

These terms and conditions of our service are governed by and construed in accordance with the state laws of Queensland, Australia, and/or the federal laws of Australia. Any disputes concerning this website are to be resolved by the courts with the presiding jurisdiction.

We retain the right to bring proceedings against you the User for any breach or contravention of these Terms & Conditions of Service, in your country of residence or any other appropriate country or jurisdiction.

PRICE ADJUSTMENTS

We reserve the right to make adjustments to the price of our product. We offer a store gift card to the value of the price adjustment for items purchased within a 7 day period of the adjustment. This is limited to adjustments made to the recommended retail price of the item, and excludes sale and promotional price adjustments.

USER GENERATED CONTENT

DEFINITIONS

Data Text, software, music, sound, photographs, graphics, images, videos, messages or other material.

Content Data created, used, disseminated, or submitted by Happy Home Au on any and all of its authenticated platforms.

Authenticated Platform A website, microsite, application, or any other internet property owned, operated and controlled by Happy Home Au.

Submission Disseminate, transmit, use, upload, post, e-mail or otherwise make data available privately or publicly, online, virtually, physically, or otherwise.

User means the customer, agent, representative, individual, entity, organisation etc that uses in any capacity the services provided by Happy Home Au on www.happyhomeau.com

User Content The Submission of a User’s Data created or produced in connection with a Happy Home Au Authenticated Platform.

For all other meanings of the referenced words, please refer to the general meaning of the words as depicted in the current edition of the Oxford dictionary.

POLICY

When you Submit User Content Data on or to a Happy Home Au Authenticated Platform you are entirely responsible for such User Content. This means that you the user, and not Happy Home Au or its affiliates, are entirely responsible for said User Content.

All Users of Happy Home Au Authenticated Platforms agree that their access to and use thereof are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the User's own risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the www.happyhomeau.com website.

Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us, including submitting your name, social media handle, any accompanying text, and an image or images from your Twitter™, Instagram™, Facebook™ or other social media site account(s), using hashtag #HAPPYHOME or any other applicable hashtag(s) as part of a Happy Home Au Hashtag Campaign will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by Submitting User Content Data, you grant, and you represent and warrant that you have the right to grant, to Happy Home Au an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, reproduce, edit, distribute, change, modify, add to, subtract from and otherwise exploit said User Content Data, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content Data, and to grant and authorise sub-licences of the foregoing without any compensation to you or to any third party.

You also acknowledge that your Submission of User Content Data will not be returned to you or a third party, and Happy Home Au may use your said User Content Data, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person, entity, or third-party.

Furthermore, you represent and warrant that you the user own or otherwise control the rights to said User Content Data and you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the Submission has given their permission, authorisation, or consent to be included in the Submission and displayed publicly on a Happy Home Au Authenticated Platform. If at any time you are requested by a representative of Happy Home Au you the user must produce within a reasonable time proof of such permission, authority, or consent.

You agree to indemnify Happy Home Au and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold all representatives of Happy Home Au and its affiliates collectively harmless from any and all claims by any third party inclusive of but not limited to damages, expenses, costs, attorney’s fees, liabilities, verdicts, judgments and settlements arising out of the use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon Submission of User Content Data, you hereby release all representatives of Happy Home Au and its affiliates, and irrevocably waive any and all claims that Happy Home Au use of your User Content Data with or without the requisite crediting of you the User, or an entity in which you the User represent.

Instagram ™, Twitter ™, Facebook™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with Happy Home Au. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites.

If you the User choose to Submit User Content Data via mobile phone, standard data rates may apply.

You the User agree not to engage in or assist, encourage, or enable others to engage in Submitting User Content Data on or to a Happy Home Au Authenticated Platform that is, or which encourages, assists or enables activity or conduct that is, unlawful, threatening, abusive, harassing, pornographic, or invasive of another's privacy, or in any capacity endangers a persons safety, unless consent from the individual or representative of the referenced entity provide prior and authenticated written permission, consent or authority. A referenced person or entity reserves the right to withdraw said written permission, consent, or authority at any time. If a Submission of User Content Data is reliant upon a referenced person or entities permission, consent, or authorisation, and said permission, consent, or authorisation is withdrawn, than the User responsible for its Submission must revoke said Data and render it permanently deleted, within a reasonable time, or time stipulated by the referenced person or entity.

While we allow Users to Submit User Content Data on and to Happy Home Au Authenticated Platforms, you the User should be aware that publicly accessible User Content is not reviewed or screened by representatives of Happy Home Au, to ensure said Data complies with this Policy before it is Submitted. The Submission of User Content Data subsequently does not necessarily reflect the ideas or beliefs of Happy Home Au.

Happy Home Au reserves the right to delete Submitted User Content Data at any time, in the event that it does not comply with this User Content Policy. In the event the Terms and Conditions of Service or Policies of a third-party application or platform on which said User Content Data is Submitted contradict those stipulated within this Policy, said Policies will supersede those of Happy Home Au. We relinquish all responsibility and liability to moderate and enforce contraventions of any such Policies that supersede those of Happy Home Au's.

You the User who Submit User Content Data on or to a Happy Home Au Authenticated Platform, are responsible for ensuring you have the rights to Submit all Data including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.

You the User further agree not to post any content or mechanism that attempts to gain access to restricted areas of any Happy Home Au Authenticated Platform, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Happy Home Au.

SOCIAL MEDIA SHARING & HASHTAGS

BY POSTING CONTENT IN CONNECTION WITH A Happy Home Au HASHTAG CAMPAIGN, INCLUDING BUT NOT LIMITED TO #HAPPYHOMEAU_, #HAPPYHOMEAU, #HAPPYHOME, AS WELL AS ANY OTHER HASHTAG CAMPAIGNS THAT ARE CURRENTLY IN PLACE OR WILL BE DEVELOPED AND PROMOTED IN THE FUTURE (EITHER VIA DIRECT UPLOAD OR BY POSTING TO A SOCIAL MEDIA SITE USING THE SPECIFIED HASHTAG), YOU ARE REPRESENTING THAT YOU AGREE & WILL COMPLY WITH ALL HAPPY HOME AU TERMS & CONDITIONS OF SERVICE & USER GENERATED CONTENT POLICY.

PARTICIPATION

Unless specifically stipulated, the guidelines for participation in all Happy Home Au social media campaigns are as follows:

Take a photo of your favourite Happy Home Au product, tag us (Person) or the applicable hashtag(s), and share it on the specified social media platform, including but not limited to Twitter™, Instagram™, Facebook™, Meta™, g+™, Google+™, YouTube™, and Pinterest®. Please ensure all participation complies with our Terms & Conditions of Service and User Generated Content Policy.

OWNERSHIP

If you Submit User Content Data, it is inferred that you represent the owner of said Data and give permission, consent, and authority to Happy Home Au use said Data in compliance with our User Generated Content Policy.

For instance, once you tag us in your photo or include applicable hashtag(s), you are agreeing to our Terms & Conditions of Service and User Generated Content Policy and granting Happy Home Au permission, consent, and authority amongst other things, to use said Data, your name, social media handle and any accompanying caption on our Happy Home Au Authenticated Platforms, for the purpose of advertising or in any other marketing material.

Our Terms & Conditions of Service and User Generated Content Policy are not limited to this example.

The owner of said User Generated Content Data can withdraw the inferred permission, consent, or authority at any time by contacting admin@happyhomeau.com.