You’re offline. This is a read only version of the page.
These terms and conditions apply to the use of Housing Australia's (“Housing Australia”, “we”, “us”, “our”) Portal (HAP). Your registration for and each use of the HAP constitutes acceptance of the HAP Terms and Conditions and you agree to be bound by them and any applicable instructions, processes, procedures and recommendations as advised by Housing Australia.
These HAP Terms and Conditions apply to you as a user of the HAP on behalf of the entity identified in your registration (Applicant). You represent and warrant that the Applicant understands and agrees to these HAP Terms and Conditions.
Before continuing, you should read these terms and conditions as they form a binding agreement between you (as a registered user and on behalf of the Applicant) and Housing Australia regarding the use of the HAP. We reserve the right to amend our terms and conditions from time to time. Such amendments will be effective once they are published on the HAP, and you and the Applicant will be bound by them by continuing to use the HAP.
You are required to register with the HAP in order to access the HAP. Where you have registered with us, you must keep your registration details confidential; you will be responsible for any access to the HAP using your account details, even if the access is by another person. Should you discover any unauthorised use of your account, you must notify us immediately via the Q&A facility.
When you provide personal and organisational information within the HAP, you hold yourself out to be properly authorised to do so on behalf of the Applicant and/or any associated Funding Recipient, including, when such information is provided as part of an application for finance or seeking information regarding financial assistance. If you subsequently no longer have that right of authority, you must notify us via the Q&A facility to have your information removed or amended.
You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.
You must supply accurate, and keep up to date, your registration details. If your registration is used to download application documentation from the HAP, we will use that information to provide notifications about any extension to the application period, changes to the application process and the issuance of addenda.
You must be a person in Australia to register to access the HAP. The HAP can only be accessed from within Australia and you will not be able to use your account to access the HAP from a place outside Australia.
The HAP uses two-factor authentication. You will need to register an Australian mobile phone number to receive a code to enable you to log into the HAP using your registration details. We recommend you nominate an Australian mobile phone number used only by you. If the mobile phone number is also used by other people, they may receive, or be able to access your authentication code messages.
Information provided to us through the HAP may include personal information. For details about how we may collect, use or disclose your personal information, or the personal information of others that you provide to us, please see our Privacy Policy.
The HAP enables registered users to:
(a) submit an application for finance on behalf of an Applicant;
(b) be notified of the outcome of the assessment of applications for finance;
(c) make an inquiry about a submitted application for finance; and
(d) obtain general information regarding the financial assistance available under the housing programs we administer and operate.
Where a registered user submits an application for finance on behalf of an Applicant, the Applicant and/or nominated Funding Recipient may be notified that an application for finance has been submitted nominating them. The Applicant and/or Funding Recipient may also receive notifications of the outcome of the assessment of the application for finance.
You understand, acknowledge and agree that all information and documents supplied to us by you on the HAP, including information entered into the webform and/or uploaded as a document as part of an application, can be used by Housing Australia to assess any application for finance made by you. If you apply for finance for more than one program in connection with the same project, the information and documents provided as part of one application for finance may be used to assess each other application for finance you have submitted for that project.
We may use information previously submitted to us to automatically prefill parts of a form in the HAP, including in an application for finance. Notwithstanding any automated prefilling, you acknowledge that it is your responsibility (on your own behalf and on behalf of the Applicant) to keep information held on the HAP up to date and to correct any error in any prefilled information in a form before submitting an application.
Nothing on the HAP constitutes an offer from us to provide finance or a promise or representation that we will provide you, the Applicant, the Funding Recipient or any other person with finance. All applications for finance will be dealt with in accordance with the applicable application process and any outcome is subject to our formal approvals, due diligence and entry by us into satisfactory legal documentation. We will endeavour to notify you of the outcome of our formal approvals via the HAP.
Participation in an application for funding will be at each Applicant's sole risk, cost and expense. We will not be responsible in any circumstance for any costs or expenses incurred by you or an Applicant in preparing or lodging an application or in taking part in the application process or taking any action related to an application process.
You understand that giving false or misleading information or documents (including forms) to Housing Australia is a serious offence.
You may receive notices, documents and communications electronically via the HAP to your registered account. If you receive notices and communications through HAP, we may (but will not always) also send an email to your nominated email address. It is in your interest to ensure that we have your correct information prior to using your registration to download application documentation.
It is your responsibility to check your email regularly for these notifications and to access the HAP promptly following our email to provide information we request to further progress your application. You must also keep your nominated email address current and let us know via the Q&A facility or the technical support desk on 02 8925 1800 if you can’t access your email or HAP for any reason.
We accept no responsibility if you fail to become aware of any notice, document or communication which would have been apparent from a visit to the HAP.
You must not transmit to or via the HAP any information or material or otherwise use the HAP for any activity which breaches any laws or regulations, infringes a third party's rights or privacy or is contrary to any relevant standards or codes. You must also not permit or enable another person to do any of those things.
You must not transmit to or via the HAP, including when making an application, any virus, malicious code or other disabling feature, or otherwise use the HAP in a way which:
(a) tampers with, hinders the operation of or makes unauthorised modifications to the HAP;
(b) inhibits any other user from using the HAP;
(c) defames, harasses, threatens, menaces or offends any person; or
(d) contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
Any document or communication submitted by you via the HAP in connection with an application that is found to contain viruses, malicious code or other disabling features will be excluded from the assessment or evaluation process.
While we have taken reasonable steps to ensure the information and on the HAP is accurate, up to date, available and complete, this information has been provided in good faith on an "as is" and "as available" basis and such material in no way constitutes the provision of professional, legal or financial advice. We disclaim all and any guarantees, undertakings and warranties, express or implied, and will not be liable for any loss or damage whatsoever, including without limitation any direct, incidental or consequential loss or damage, arising out of, or in connection with, any use of or reliance on the information and data accessed via the HAP.
You acknowledge that the HAP may not be available from time to time and you may experience technical issues with the HAP.
We do not represent or warrant (or accept any legal liability to any person) that the HAP will be always available and/or accessible, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. You must take your own precautions to ensure that the process which you employ for accessing the HAP does not expose you or any other person to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information. We are not liable for any loss, damage, costs or expenses incurred by you or any other person if, for any reason, an application or any other material or communication relevant to the relevant application process, is not received on time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised.
We do not accept responsibility for any loss or damage (including without limitation any direct, incidental or consequential loss or damage), however caused (including through negligence or otherwise), which you or the Applicant, the Funding Recipient or any other person may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the HAP or any linked website.
If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed to be included, however our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supply of the services again or payment of the cost of having the services supplied again.
You agree to indemnify, defend and hold us, our directors, officers, employees, consultants, agents, and affiliates, harmless from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use (or misuse) or failure to use the HAP or your breach of these terms and conditions. Your obligation to indemnify us is reduced to the extent any such loss is due to our negligence or our breach of these terms and conditions. It is not necessary for us to incur expense or make payment before enforcing our indemnity.
Copyright in the HAP, and all materials on the HAP, (including text, graphics, logos, icons, sound recordings, software and documents made available for download on the HAP) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as authorised below, you may not in any form or by any means:
• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the HAP (including, documents made available for download on the HAP); or
• commercialise any information, products or services obtained from any part of the HAP (including, documents made available for download on the HAP),
without our prior written permission.
You are authorised to print a copy of any information contained on the HAP for your personal use, unless such use is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the HAP.
The HAP includes registered trademarks owned by us (or our licensors) and trademarks that are the subject of applications for registration by us (or our licensors). You must not use any of our trademarks without our prior written consent. If such consent is given, you must not use any of our trademarks:
• in or as the whole or part of your own trademarks or business name or company name;
• in connection with activities, products or services that are not ours;
• in a manner that may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services (including the HAP).
You also must not authorise or assist any person to do any of the acts specified above.
The HAP may contain links to other websites (linked websites). These links are provided for convenience only and may not remain current or be maintained.
Links to external websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we stipulate to the contrary.
To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
We may suspend or terminate your access to the HAP at any time for any reason without giving you notice. This includes where we believe that there is a risk of fraud or security breach, or where you have not accessed the HAP for a period of 12 months or more. The provisions above relating to "Disclaimer and limitation of liability", "Copyright" and "trademarks’ will survive any such termination.
These terms and conditions are governed by the law in force in the State of New South Wales, Australia.
