Terms of Service

These Terms constitute a binding agreement between You and HomePrivacy, commencing on the Commencement Date.

By creating an Account, You acknowledge that You have read, understood and agreed to be bound by these Terms and all documents referenced within, including the Privacy Policy.

The Agreement Term continues until Your Account is closed or terminated in accordance with clause 19.

If You do not wish to continue using the Platform, You may close Your Account through Your Account settings at any time.

HomePrivacy may provide some or all of the following privacy assistance services:

HomePrivacy does not own or control Third Party platforms or systems. HomePrivacy cannot compel Third Parties to remove, modify or restrict access to Content, and has no authority to do so on Your behalf beyond submitting Removal Requests. All Services are provided on a reasonable endeavours basis only.

HomePrivacy does not guarantee any particular outcome in respect of any Removal Request. Removal outcomes depend entirely on the decisions of Third Parties, which are outside HomePrivacy's control.

The features and availability of the Service may change over time. HomePrivacy reserves the right to modify, suspend or discontinue any feature of the Services at any time with reasonable notice where practicable.

You represent and warrant that You have the legal right and authority to submit Personal Information to the Services and to request removals on Your own behalf. You further represent and warrant that, in respect of each Property, You are the current registered proprietor of that Property, or are duly authorised by the current registered proprietor to act on their behalf, and that You will notify HomePrivacy immediately if this ceases to be the case. Where You occupy the Property as a tenant, You represent and warrant that You have obtained the consent of the landlord (or the landlord’s authorised agent) to the making of Removal Requests in respect of the Property. You acknowledge that HomePrivacy and any Engaged Provider are entitled to rely on these representations and warranties without independent verification, and that the indemnity in these Terms applies if they are incorrect. You agree to provide additional information or verification upon request (including identity or authorisation documentation), but only where such verification is: (a) required to comply with applicable law; or (b) required by a Third Party before it will action a Removal Request and HomePrivacy, acting reasonably and having regard to Your privacy, agrees that provision of that documentation to the Third Party is necessary and proportionate. HomePrivacy may refuse, suspend, or terminate processing of any request that HomePrivacy reasonably believes is unauthorised, inaccurate, abusive, fraudulent, or unlawful.  You further represent and warrant that You occupy the Property as Your principal place of residence or, where You do not, that You have notified HomePrivacy of that fact before any Removal Request is submitted, and You acknowledge that a letter of demand will not be sent on Your behalf unless You occupy the Property as Your principal place of residence or HomePrivacy agrees otherwise in writing. Notwithstanding the foregoing, HomePrivacy will always verify Your identity, Your ownership of the Property and Your occupation of the Property as Your home before any letter of demand is sent on Your behalf.

You are solely responsible for confirming the accuracy of each Removal Request, including verifying that the targeted Content relates to You or to an individual You are authorised to represent, before submitting Your instructions for a Removal Request, You confirm that You have reviewed the request, that the information is accurate and that the request is lawful.

You appoint HomePrivacy as Your limited agent solely for the purpose of providing the Service in connection with Removal Requests made by You. HomePrivacy’s authority as Your agent is strictly limited to liaising with Third Parties and submitting communications on Your behalf as contemplated by these Terms. HomePrivacy may perform the Services, and exercise its authority as Your agent, itself or through any Engaged Provider it engages in accordance with these Terms (including external legal practitioners and law firms).

The Third Parties to which HomePrivacy may submit Removal Requests on Your behalf include:

HomePrivacy’s authority as Your agent includes submitting requests for:

Except as expressly provided in these Terms (including HomePrivacy's right to engage Engaged Providers, and to authorise legal practitioners to act, under the clauses below), no broader legal authority, retainer or representation is created.

You authorise HomePrivacy to make electronic submissions and declarations to Third Parties when required in connection with providing the Services.

You acknowledge and agree that HomePrivacy may engage, instruct, subcontract or delegate to any Engaged Provider (including external legal practitioners, law firms and other service providers) to perform or assist in performing any part of the Services, including the preparation, settling and submission of Removal Requests and related correspondence (including letters of demand) to Third Parties on Your behalf. Letters of demand are only available as part of the Services to Clients who are the current registered proprietor of the Property and who occupy the Property as their principal place of residence, unless HomePrivacy agrees otherwise in writing.

By accepting these Terms, You authorise and consent to: (a) HomePrivacy engaging any Engaged Provider for the purpose of providing the Services; and (b) each Engaged Provider acting on Your behalf, and HomePrivacy instructing each Engaged Provider on Your behalf, for the limited purpose of carrying out the Services, including liaising with, and making representations and submissions to, Third Parties.

Where an Engaged Provider is a legal practitioner or law firm, You acknowledge and agree that: (a) the legal practitioner is engaged and instructed for the limited purpose of providing the Services and does not thereby assume any obligation to provide You with legal advice, and no solicitor-client retainer is created between You and the legal practitioner beyond that limited purpose, unless separately agreed in writing; (b) the legal practitioner may rely on the representations, warranties and authority You give under these Terms, including as to Your ownership of, or authority in respect of, the Property; and (c) the releases, limitations of liability and indemnities in these Terms apply for the benefit of, and may be enforced by, each Engaged Provider as if expressly named.

HomePrivacy remains responsible for the provision of the Services in accordance with these Terms notwithstanding any engagement of an Engaged Provider, except to the extent that any loss arises from Your breach of these Terms or from any inaccuracy in the information, instructions, representations or warranties You provide.

Escalation. HomePrivacy will not, and will procure that no Engaged Provider will, threaten or commence any court or tribunal proceeding on Your behalf, or lodge a complaint with the Office of the Australian Information Commissioner in Your name, unless You have given separate written authority to do so and any applicable costs arrangements have been agreed in writing. No statement made in correspondence to a Third Party as to Your instructions may exceed the authority actually given under this clause.

You agree to:

By initiating a Removal Request, You consent to HomePrivacy processing the relevant Personal Information as necessary for that purpose, as described in these Terms and the Privacy Policy. You acknowledge that HomePrivacy cannot guarantee the success of Removal Requests, as Third Party compliance is outside HomePrivacy’s control.

The current fee for a one-time engagement of the Service is $399.00 (AUD inclusive of GST). This fee includes:

All payment processing on the Platform is facilitated through Stripe. By creating an Account and using the payment features of the Platform, You agree to be bound by the Stripe Terms, including the Stripe Connected Account Agreement. The Stripe Terms are available at https://stripe.com/legal and are incorporated into these Terms by reference.

Your payment card details are provided by You directly to Stripe at the point of payment and are not collected, stored or accessible by HomePrivacy. To the extent HomePrivacy discloses any of Your Personal Information (such as Your name or email address) to Stripe as necessary to facilitate payment processing or to comply with applicable laws, You authorise that disclosure. Stripe’s collection and use of Your Personal Information is governed by Stripe’s privacy policy.

HomePrivacy is not a bank, payment processor or licensed financial services provider. HomePrivacy does not hold, control or have access to Your funds at any time. All funds are held and processed by Stripe and, where applicable, by authorised deposit-taking institutions engaged by Stripe.

All fees and monetary values on the Platform are expressed in Australian Dollars (AUD) and are inclusive of GST where applicable. HomePrivacy will not commence providing the Services until full payment has been received and cleared.

HomePrivacy may in the future offer tiered access plans or subscription services with monthly or annual billing options. The terms applicable to any such plans will be communicated to You at the time of purchase and will be supplemented to these Terms.

Given the nature of HomePrivacy’s Services, HomePrivacy does not generally offer refunds for services rendered, except to the extent required by ACL or any other applicable consumer protection legislation.

HomePrivacy is under no obligation to issue refunds for change-of-mind decisions.

HomePrivacy will assess refund requests on their merits, having regard to the allocation of resources, time and technologies expended in providing the Services. Any refunds approved will be applied to the original payment method unless alternative arrangements are agreed by HomePrivacy.

Refunds may be granted, at HomePrivacy’s sole discretion, in circumstances where the Services:

You acknowledge and agree that HomePrivacy is under no obligation to provide a refund in the following circumstances:

90-Day Removal Guarantee. Subject to this clause, if the photographs and floor plans depicting the interior of the Property have not been removed from the websites nominated in Your Removal Request (being websites on HomePrivacy's list of supported platforms notified to You at the time of purchase or otherwise published by HomePrivacy) within 90 days of the date Your Removal Request is submitted, HomePrivacy will, upon Your written request, refund the fee paid by You for the Services. This guarantee: (a) applies only where You have provided accurate and complete information and have complied with HomePrivacy's reasonable requests; (b) does not apply where removal is achieved in substance, including by deletion, blurring or Obfuscation of the relevant Content; (c) does not apply to websites or platforms outside the nominated list, to residual copies described in clause 13, or to Content re-published by third parties after removal; and (d) is Your sole remedy in respect of non-removal within the guarantee period, without limiting any rights You have under the ACL that cannot be excluded. This clause does not otherwise limit clauses 2.2, 2.3 or 7.1 to 7.5.

General

What personal information we collect

How we collect personal information

Why we collect, hold, use and disclose personal information

Storage and security

Third-party websites

You may use the Service to submit Removal Requests and to use the Platform for personal or business purposes as permitted by these Terms.

Prohibited use

Enforcement

You acknowledge that HomePrivacy is the owner of HomePrivacy IP. Nothing in these Terms transfers or assigns any right, title or interest in the HomePrivacy IP to You.

You must not reproduce, adapt, distribute, transmit or create derivative works from any part of the HomePrivacy IP without HomePrivacy’s prior written consent.

You retain ownership of Your intellectual property. However, to the extent that You submit any of Your intellectual property on to the Platform (for example, address or contact details), You grant HomePrivacy a non-exclusive, royalty-free licence to use that information for the sole purpose of delivering the Services.

The licence granted under clause 10.3 continues for the duration of the Agreement Term and terminates upon closure or termination of Your Account.

To perform Services, HomePrivacy may rely on and interface with third-party providers, platforms, APIs and systems. HomePrivacy is not responsible for the conduct, availability, accuracy or decisions of any Third Party.

Third-party links on our website may direct You to third-party websites that are not affiliated with HomePrivacy. HomePrivacy is not responsible for examining or evaluating the content or accuracy of third-party websites and will not have any liability or responsibility for any third-party materials or websites.

You acknowledge that:

HomePrivacy is not liable for any harm or damages related to the use of goods, services, resources or content obtained from or through third-party websites or platforms. Complaints, claims or questions regarding third-party products or services should be directed to the relevant third party.

You acknowledge that some actions taken by Third Parties in response to Removal Requests may be permanent or irreversible. Examples of potentially irreversible actions include:

Removed or blurred Content may not be recoverable once a Third Party has acted on a Removal Request. HomePrivacy is not liable for any inability to restore Content that has been removed, deleted or altered by a Third Party in response to a Removal Request.

You accept responsibility for the consequences of instructing HomePrivacy to submit Removal Requests on Your behalf, including any consequences that may result from irreversible third-party actions.

You acknowledge and agree that HomePrivacy may have already made irreversible submissions for the removal of some or all of the Content covered by Your instructions before You seek to withdraw or modify a Removal Request.

You acknowledge that removal outcomes depend entirely on Third Parties and may be temporary, partial, reversible, delayed or denied, and that HomePrivacy has no control over third-party responses or compliance.

Even where a Removal Request is accepted and acted upon by a Third Party, removed Content may persist in:

Search engines and platforms may take time to update their indexes following removal. HomePrivacy does not guarantee that Content will be immediately or permanently delisted from search results following submission of a Removal Request.

The Services are provided on an “as is” and “as available" basis. To the maximum extent permitted by law, HomePrivacy disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

HomePrivacy does not warrant that the Services will be uninterrupted or error-free, or that any results will be accurate, complete or current.

Nothing in these Terms is intended to exclude, restrict or modify any right, remedy or guarantee under the ACL or any other applicable consumer protection legislation that cannot be excluded by law.

HomePrivacy may use artificial intelligence technologies to facilitate communications and service delivery, including chatbots, automated support systems and voice agents (AI Services).

AI Services may generate content, responses or recommendations that are inaccurate, incomplete or unsuitable. You are responsible for assessing whether any AI-generated output is appropriate for Your purposes.

Any decision or recommendation generated by an AI Service that materially affects Your rights or interests is subject to human review and verification before it takes effect.

To the maximum extent permitted by Relevant Law, HomePrivacy is not liable for any loss arising solely from AI generated content unless that content has been reviewed and confirmed by an authorised human representative of HomePrivacy.

While HomePrivacy takes reasonable steps to protect the security of the Platform and Your Personal Information, no electronic system can guarantee absolute privacy or security. HomePrivacy reduces risk but cannot eliminate all threats.

You are responsible for maintaining the security of Your Account credentials and for any activity that occurs under Your Account. HomePrivacy recommends that You use a strong, unique password and enable any multi-factor authentication features made available on the Platform.

To the maximum extent permitted by Relevant Laws, HomePrivacy is not liable for any loss or damage arising from a breach of security that is not within HomePrivacy's reasonable control, including as a result of third-party attacks, phishing, or Your own failure to maintain Account security.

To the maximum extent permitted by Relevant Laws, HomePrivacy excludes all express or implied representations, conditions, warranties and guarantees in connection with the Platform and the Service, except those that cannot be excluded under the ACL or any other applicable consumer protection legislation.

To the maximum extent permitted by Relevant Laws, HomePrivacy will not be liable to You or any third party for any indirect, consequential, special or incidental loss or damage, including loss of profit, loss of revenue, loss of data or loss of opportunity, arising out of or in connection with the Platform or these Terms.

Nothing in these Terms excludes, restricts or modifies any right, remedy or guarantee under the ACL or any other applicable consumer protection legislation that cannot be excluded by law.

Subject to the rights, remedies and guarantees under the ACL and any other applicable consumer protection legislation that cannot be excluded by law, and to the maximum extent permitted by Relevant Laws, HomePrivacy’s total aggregate liability to You arising out of or in connection with the Platform, the Services or these Terms, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees paid by You to HomePrivacy in respect of the Services giving rise to the liability.

Without limiting the foregoing, HomePrivacy is not liable for any damages, claims, losses, costs, or expenses arising from or related to:

You acknowledge that removal outcomes depend entirely on Third Parties and may be temporary, partial, reversible, delayed, or denied, and that HomePrivacy has no control over third-party responses or compliance.

No reliance. You acknowledge and agree that You have not relied on any representation, statement or conduct of HomePrivacy or any Engaged Provider to the effect that any particular Content can or will be removed, or as to the outcome of any Removal Request, other than as expressly set out in these Terms (including the 90-Day Removal Guarantee in clause 7.6). Subject to the rights, remedies and guarantees under the ACL and any other applicable consumer protection legislation that cannot be excluded by law, and to the maximum extent permitted by Relevant Laws, neither HomePrivacy nor any Engaged Provider is liable for any loss, damage or harm You suffer arising from Content that is not, or cannot be, removed, modified or restricted by a Third Party, including any harm to Your privacy, safety or security arising from the continued availability of that Content, and Your sole remedy in respect of non-removal is the refund provided under clause 7.6.

You agree to indemnify and hold harmless HomePrivacy, its officers, directors, employees and agents (and each Engaged Provider, including any legal practitioner or law firm engaged by HomePrivacy) from and against any claims, losses, liabilities, damages, costs or expenses (including reasonable legal costs) arising out of or in connection with:

This indemnification obligation applies regardless of the method by which a Removal Request or other action was submitted, extends to claims by individuals, entities, regulators, and governmental authorities, and survives termination or expiration of these Terms.

You may terminate Your use of the Services by cancelling Your account in accordance with the instructions provided in Your account settings or by contacting us at privacy@homeprivacy.com.au. Termination does not relieve You of any obligation to pay outstanding fees.

HomePrivacy may suspend or terminate Your account at any time, with or without notice where:

Upon closure or termination of Your Account:

HomePrivacy retains Your Personal Information for only as long as is reasonably necessary for the purposes for which it was collected, including to:

HomePrivacy’s minimum data retention periods are as follows:

When Personal Information is no longer required, HomePrivacy will take reasonable steps to destroy it or de-identify it in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

You may request deletion of Your Account and Personal Information at any time by contacting HomePrivacy at privacy@homeprivacy.com.au. HomePrivacy will action such requests in accordance with Relevant Laws. Deletion requests may not result in immediate deletion where HomePrivacy is required to retain certain information by law for legitimate business purposes (as described in clause 20.1).

HomePrivacy will not retain Personal Information beyond these periods described in this clause 20 unless required to do so by Relevant Laws.

You agree to receive transactional and service-related communications from HomePrivacy (such as security alerts, account notifications and updates regarding Removal Requests). These communications are necessary to provide the Services and cannot be opted out while Your Account remains active.

You may also receive marketing communications from HomePrivacy. You may opt out of marketing communications at any time through Your account setting or by clicking the unsubscribe link in any marketing email. HomePrivacy will not send You marketing communications in a manner that does not comply with the Spam Act 2003 (Cth).

HomePrivacy will not be liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond HomePrivacy’s reasonable control, including acts of God, government action, natural disaster, pandemic, war, terrorism, industrial action, utility failure, cyber-attack, or failure of third-party service providers (Force Majeure Event).

HomePrivacy may amend these Terms at any time. Where a change is material HomePrivacy will notify You by email, through the Platform notification centre, or by other reasonable means.

Your continued use of the Platform after a change takes effect constitutes acceptance of the amended Terms. If You do not agree with any change, You must close Your Account before the change takes effect.

HomePrivacy will only make changes to the extent permitted by Relevant Laws.

If a dispute arises under or in connection with these Terms, the party claiming the dispute must notify the other party in writing, setting out the nature of the dispute (Dispute Notice).

The parties must attempt in good faith to resolve the dispute within 30 days of receipt of the Dispute Notice.

If the dispute is not resolved within that period, either party may commence legal proceedings. Nothing in this clause prevents a party from seeking urgent interlocutory relief.

Each party must continue to perform its obligations under these Terms notwithstanding the existence of any unresolved dispute.

If any provision of these Terms is found to be invalid, void or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

Except as set out in clause 4, nothing in these Terms creates a relationship of agency, partnership, joint venture or employment between You and HomePrivacy.

You must not assign or transfer any of Your rights or obligations under these Terms without HomePrivacy’s prior written consent. HomePrivacy may assign its rights or obligations under these Terms to an affiliate or bona fide third-party purchaser of HomePrivacy’s business.

These Terms, together with the Privacy Policy, the Stripe Terms and any other documents expressly referenced in these Terms, constitute the entire agreement between You and HomePrivacy in relation to the subject matter and supersede all prior arrangements, agreements and representations.

These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria, Australia in respect of any dispute arising out of or in connection with these Terms.

If You are accessing the Services from outside Australia, You may do so at Your own risk and are responsible for compliance with local laws. HomePrivacy makes no representation that the Services are appropriate or available for use in locations outside Australia.