Terms & Conditions

Thank you for visiting our website. This website is owned and operated by Hommey Group Pty Ltd (ACN 671 798 931). By accessing and/or using this website, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Hommey Group Pty Ltd

Registration:

You may choose to be a registered member to make orders and access certain features of our website.
When you register and activate your account, you will provide us with personal information such as your name, email address, phone number, mailing address and date of birth. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. By registering an account with us you are also opting to subscribe to our mailing list. You are free to unsubscribe to our mailing list at any time by following the ‘unsubscribe’ link at the bottom of our newsletter emails.

To create an account, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the website in accordance with these Terms.

Collection Notice:

We collect personal information about you in order to respond to your enquiry, process your account registration and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [will add email address here].

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.


Accuracy, Completeness And Timeliness Of Information:
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Promotions And Competitions:

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Terms and Conditions: Black Friday Early Access

1. Promotion Period

• The discount code is valid from 18th November 2024 at 8am AEDT to 20th November 2024 at 7:59am AEDT ("Promotion Period").

• Discount codes will not be valid outside this time frame.

3. Discount Code Usage

• The discount code provides 25% off on full priced products, storewide.

• The discount is applicable only on purchases made through our website and in-store and cannot be used in combination with other promotions, discounts, or offers.

• The code must be entered during checkout to receive the discount.

4. Restrictions

• The discount code is not transferable, redeemable for cash, or replaceable if lost, stolen, or destroyed.

• Discount is applicable only on specified products and cannot be applied to shipping fees, taxes, or previously purchased items.

 

Terms and Conditions: Hommey x Eva Bedroom Makeover Giveaway

1. Eligibility: The Hommey Bathroom Makeover Giveaway (the "Giveaway") is open to individuals worldwide, aged 18 years or older, except employees of Hommey and their immediate family members.

2. Giveaway Period: The Giveaway begins on Thursday 24th October 2024 and ends on 4th November 2024 at 8:00 PM Australian Eastern Standard Time (AEST). Entries submitted after this date and time will not be considered.

3. How to Enter: To enter the Giveaway, participants must submit their valid email address and phone number through the sign-up form available on the official giveaway page at https://gethommey.com/pages/pinstripe-collection. Only one entry per person is allowed. Multiple entries from the same person will be disqualified.

4. Prize Details: One (1) winner will be randomly selected from all eligible entries received during the Giveaway Period. The winner will receive a $2000 AUD Hommey Voucher as well as their choice of size and colour in the Eva Delve Bed Frame. The Eva Delve Bed Frame comes in the following sizes:

   • Double 
   • Queen
   • King
     
     

5. Winner Selection and Notification: The winner will be selected randomly from all eligible entries received. The winner will be notified via email within seven (7) days after the Giveaway ends. If the winner does not respond to the notification within fourteen (14) days, an alternate winner may be selected.

6. Prize Claim: To claim the prize, the winner must respond to the notification email within the specified timeframe and provide any additional information requested by Hommey. The prize will be shipped to the winner's provided address free of charge.

7. Publicity Release: By accepting the prize, the winner agrees to allow Hommey to use their name, likeness, and entry for promotional purposes without further compensation or permission, except where prohibited by law.

8. General Conditions:

   • No purchase or payment of any kind is necessary to enter or win this Giveaway.
   • The prize is non-transferable and cannot be exchanged for cash or any other item.
   • By participating in the Giveaway, participants agree to be bound by these Terms and Conditions and the decisions of Hommey, which are final and binding.
   • Hommey reserves the right to disqualify any participant found to be violating these Terms and Conditions or tampering with the entry process.
   • In the event of any dispute regarding the interpretation of these Terms and Conditions or the conduct of the Giveaway, Hommey's decision shall be final.

9. Privacy Policy: Information submitted with an entry is subject to Hommey's Privacy Policy, which can be found on the official website.

10. Governing Law: The Giveaway and these Terms and Conditions are governed by the laws of Australia.

11. Contact Information: If you have any questions about the Giveaway or these Terms and Conditions, please contact us at [hello@gethommey.com].

By participating in the Giveaway, participants acknowledge that they have read, understood, and agree to abide by these Terms and Conditions.

Terms and Conditions: The Memo x Hommey $1000 Giveaway

1. Eligibility: The Memo x Hommey $1000 Giveaway (the "Giveaway") is open to individuals worldwide, aged 18 years or older, except employees of Hommey and their immediate family members.

2. Giveaway Period: The Giveaway begins on 30th April 2024 and ends on 12th May 2024 at 6:00 PM Australian Eastern Standard Time (AEST). Entries submitted after this date and time will not be considered.

3. How to Enter: To enter the Giveaway, participants must submit their valid email address and phone number through the sign-up form available on the official giveaway page at https://gethommey.com/pages/the-memo-x-hommey-giveaway. Only one entry per person is allowed. Multiple entries from the same person will be disqualified.

4. Prize Details: One (1) winner will be randomly selected from all eligible entries received during the Giveaway Period. The winner will receive 1 x $500 AUD Hommey Voucher and 1 x $500 AUD The Memo Voucher.

5. Winner Selection and Notification: The winner will be selected randomly from all eligible entries received. The winner will be notified via email within seven (7) days after the Giveaway ends. If the winner does not respond to the notification within fourteen (14) days, an alternate winner may be selected.

6. Prize Claim: To claim the prize, the winner must respond to the notification email within the specified timeframe and provide any additional information requested by Hommey. The prize will be shipped to the winner's provided address free of charge.

7. Publicity Release: By accepting the prize, the winner agrees to allow Hommey to use their name, likeness, and entry for promotional purposes without further compensation or permission, except where prohibited by law.

8. General Conditions:

   • No purchase or payment of any kind is necessary to enter or win this Giveaway.
   • The prize is non-transferable and cannot be exchanged for cash or any other item.
   • By participating in the Giveaway, participants agree to be bound by these Terms and Conditions and the decisions of Hommey, which are final and binding.
   • Hommey reserves the right to disqualify any participant found to be violating these Terms and Conditions or tampering with the entry process.
   • In the event of any dispute regarding the interpretation of these Terms and Conditions or the conduct of the Giveaway, Hommey's decision shall be final.

9. Privacy Policy: Information submitted with an entry is subject to Hommey's Privacy Policy, which can be found on the official website.

10. Governing Law: The Giveaway and these Terms and Conditions are governed by the laws of Australia.

11. Contact Information: If you have any questions about the Giveaway or these Terms and Conditions, please contact us at [hello@gethommey.com].

By participating in the Giveaway, participants acknowledge that they have read, understood, and agree to abide by these Terms and Conditions.

Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

 

Terms and Conditions: Birthday Week Sale $50 Gift Card

1. Promotion Period

• The discount code is valid from 21st October 2024 at 8am AEST to 27th October 2024 at 6pm AEST ("Promotion Period").

• Discount codes will not be valid outside this time frame.

3. Discount Code Usage

• The discount code provides $50 AUD off orders when used at checkout with a minimum spend of $150 AUD.

• The discount is applicable only on purchases made through our website and in-store and cannot be used in combination with other promotions, discounts, or offers.

• The code must be entered during checkout to receive the discount.

4. Restrictions

• The discount code is not transferable, redeemable for cash, or replaceable if lost, stolen, or destroyed.

• Discount is applicable on full priced orders and cannot be applied to shipping fees, taxes, or previously purchased items.

• The discount can only be used once per customer.

Terms and Conditions: SMS Secret Sale - 20% OFF

1. Promotion Period

• The discount code is valid from 27th September 2024 at 9am AEST to 30th September 2024 at 6pm AEST ("Promotion Period").

• Discount codes will not be valid outside this time frame.

3. Discount Code Usage

• The discount code provides 20% off on selected full priced product included in the linked collection when used at checkout.

• The discount is applicable only on purchases made through our website and in-store and cannot be used in combination with other promotions, discounts, or offers.

• The code must be entered during checkout to receive the discount.

4. Restrictions

• The discount code is not transferable, redeemable for cash, or replaceable if lost, stolen, or destroyed.

• Discount is applicable only on specified products and cannot be applied to shipping fees, taxes, or previously purchased items.

• The discount is only applicable to the products specified in the collection.

Terms and Conditions: Hommey Bathroom Makeover Giveaway

1. Eligibility: The Hommey Bathroom Makeover Giveaway (the "Giveaway") is open to individuals worldwide, aged 18 years or older, except employees of Hommey and their immediate family members.

2. Giveaway Period: The Giveaway begins on Monday 1st July 2024 and ends on 8th July 2024 at 5:00 PM Australian Eastern Standard Time (AEST). Entries submitted after this date and time will not be considered.

3. How to Enter: To enter the Giveaway, participants must submit their valid email address and phone number through the sign-up form available on the official giveaway page at https://gethommey.com/pages/pinstripe-collection. Only one entry per person is allowed. Multiple entries from the same person will be disqualified.

4. Prize Details: One (1) winner will be randomly selected from all eligible entries received during the Giveaway Period. The winner will receive their choice of products from our bathroom range, valued at over $500 AUD. The prize can include any the following items:

   • Hommey Robe
   • Hommey Bath Towels
   • Hommey Bath Sheets
   • Hommey Hand Towels
   • Hommey Face Washers
   • Hommey Hair Wrap
     
     

5. Winner Selection and Notification: The winner will be selected randomly from all eligible entries received. The winner will be notified via email within seven (7) days after the Giveaway ends. If the winner does not respond to the notification within fourteen (14) days, an alternate winner may be selected.

6. Prize Claim: To claim the prize, the winner must respond to the notification email within the specified timeframe and provide any additional information requested by Hommey. The prize will be shipped to the winner's provided address free of charge.

7. Publicity Release: By accepting the prize, the winner agrees to allow Hommey to use their name, likeness, and entry for promotional purposes without further compensation or permission, except where prohibited by law.

8. General Conditions:

   • No purchase or payment of any kind is necessary to enter or win this Giveaway.
   • The prize is non-transferable and cannot be exchanged for cash or any other item.
   • By participating in the Giveaway, participants agree to be bound by these Terms and Conditions and the decisions of Hommey, which are final and binding.
   • Hommey reserves the right to disqualify any participant found to be violating these Terms and Conditions or tampering with the entry process.
   • In the event of any dispute regarding the interpretation of these Terms and Conditions or the conduct of the Giveaway, Hommey's decision shall be final.

9. Privacy Policy: Information submitted with an entry is subject to Hommey's Privacy Policy, which can be found on the official website.

10. Governing Law: The Giveaway and these Terms and Conditions are governed by the laws of Australia.

11. Contact Information: If you have any questions about the Giveaway or these Terms and Conditions, please contact us at [hello@gethommey.com].

By participating in the Giveaway, participants acknowledge that they have read, understood, and agree to abide by these Terms and Conditions.

Terms and Conditions: The Memo x Hommey $1000 Giveaway

1. Eligibility: The Memo x Hommey $1000 Giveaway (the "Giveaway") is open to individuals worldwide, aged 18 years or older, except employees of Hommey and their immediate family members.

2. Giveaway Period: The Giveaway begins on 30th April 2024 and ends on 12th May 2024 at 6:00 PM Australian Eastern Standard Time (AEST). Entries submitted after this date and time will not be considered.

3. How to Enter: To enter the Giveaway, participants must submit their valid email address and phone number through the sign-up form available on the official giveaway page at https://gethommey.com/pages/the-memo-x-hommey-giveaway. Only one entry per person is allowed. Multiple entries from the same person will be disqualified.

4. Prize Details: One (1) winner will be randomly selected from all eligible entries received during the Giveaway Period. The winner will receive 1 x $500 AUD Hommey Voucher and 1 x $500 AUD The Memo Voucher.

5. Winner Selection and Notification: The winner will be selected randomly from all eligible entries received. The winner will be notified via email within seven (7) days after the Giveaway ends. If the winner does not respond to the notification within fourteen (14) days, an alternate winner may be selected.

6. Prize Claim: To claim the prize, the winner must respond to the notification email within the specified timeframe and provide any additional information requested by Hommey. The prize will be shipped to the winner's provided address free of charge.

7. Publicity Release: By accepting the prize, the winner agrees to allow Hommey to use their name, likeness, and entry for promotional purposes without further compensation or permission, except where prohibited by law.

8. General Conditions:

   • No purchase or payment of any kind is necessary to enter or win this Giveaway.
   • The prize is non-transferable and cannot be exchanged for cash or any other item.
   • By participating in the Giveaway, participants agree to be bound by these Terms and Conditions and the decisions of Hommey, which are final and binding.
   • Hommey reserves the right to disqualify any participant found to be violating these Terms and Conditions or tampering with the entry process.
   • In the event of any dispute regarding the interpretation of these Terms and Conditions or the conduct of the Giveaway, Hommey's decision shall be final.

9. Privacy Policy: Information submitted with an entry is subject to Hommey's Privacy Policy, which can be found on the official website.

10. Governing Law: The Giveaway and these Terms and Conditions are governed by the laws of Australia.

11. Contact Information: If you have any questions about the Giveaway or these Terms and Conditions, please contact us at [hello@gethommey.com].

By participating in the Giveaway, participants acknowledge that they have read, understood, and agree to abide by these Terms and Conditions.

Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

 

Product Details

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

No Commercial Use:

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, eBay, Facebook Marketplace or other third party services.

Unacceptable Activity:

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
• If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability:

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Payment Options:

Payments are accepted through Paypal, Stripe (Credit Card) or AfterPay. All sales through this website will be processed in AUD.

We also accept payment via gift cards. Gift cards from Hommey are purchasable and redeemable online.

Gift Cards:

Hommey Gift Cards are sold/allocated subject to the following terms and conditions:

• Gift Cards do not have an expiration from date of purchase.
• Gift Cards can be redeemed against all products on www.gethommey.com.au
• Gift Cards are non-transferable, can only be used on www.gethommey.com.au
• May not be returned or redeemed for cash.
• If your order total is less than the value of the Gift Card, the remaining balance will be available and can be redeemed against subsequent orders.
• All remaining balances exceeding the value of your gift credit or store credit must be paid via an alternate payment method.
• If you return products you have purchased using a Gift Card, the remaining balance will be credited to you as store credit and can be redeemed against subsequent orders.
• Virtual Gift Cards will be e-mailed to the purchaser once the full order has been processed and payment has been taken.
• Hommey Group Pty Ltd is not liable for delivery of a Virtual Gift Card or Credit Note to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
• Hommey Group Pty Ltd is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
• Hommey Group Pty Ltd reserves the right to cancel a Gift Card if we deem such action necessary.
• Sales tax and shipping is applicable on any products purchased with a Hommey Group Pty Ltd Gift Card.

Promotional Codes:

All promotion codes are non-transferable and there is no cash alternative. No more than one promotional code can be applied at checkout or to an order. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Hommey Group Pty Ltd reserves the rights to cancel or refuse the usage of any promotional code at any time.

All promotional codes must be applied at checkout, and cannot be applied to any previous or retrospective orders. We have the right to refuse use of any promotional code for any reason. The times of use will be outlined in the marketing material, the code can not be used outside of this time.

Pre-order:

All pre-orders are charged at the time of transaction and payment options for all Pre-Orders are Visa, MasterCard and American Express (via Stripe), PayPal or AfterPay. Orders will be dispatched within 1-3 days of the stock becoming available.

Sms/mms Mobile Message Marketing Program:

Hommey (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-in:

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilised to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt-out:

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty To Notift And Indemnify:

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description:

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of bedding, linen, and general homeware product items.

Cost And Frequency:

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions:

For support regarding the Program, text “HELP” to the number you received messages from or email us at

Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

Mms Disclosure:

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer Of Warranty:

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your phone carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your phone service provider/network operator and is outside of Our control.

Participant Requirements:

You must have a phone device of your own, capable of two-way messaging, be using a participating phone carrier, and be a phone service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restrictions:

You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution:

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Sydney, New South Wales before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Hommey’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorised by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.