By using the MyHomeware website (and App and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and MyHomeware.com.au (ACA Trading Pty Ltd) (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes


Registration and User Requirements

You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us


Access and use of the Website

You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

You must not (or attempt to):

  • interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
  • use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
  • interfere (or attempt to interfere) with security-related or other features of our site; or
  • use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.



Information on this Website

Information about goods on the Website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.

Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.


Disclaimer and Liability

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

  • errors, mistakes or inaccuracies on the Website or our social media pages;
  • you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
  • personal injury or property damage of any nature resulting from your access to or use of the Website;
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from the Website;
  • any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
  • the quality of any product or service of any linked sites.

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.

Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service merchant to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. MyHomeware accepts no liability in this regard.


Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement


Placing Orders

You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.

The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase either:

  • a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified (including delivery and other charges); o