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Terms and conditions

Terms of use

These terms of use describe your rights and responsibilities as a user of the MyHousing Portal (the Website). By downloading and/or accessing the Website, you agree to be bound by these Terms and Conditions. The Website is operated by DCJ Housing.

Lawful Purposes

The Website must only be used for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party. This includes conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to the site. You must not post or transmit via this site any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

These Terms and Conditions

When you download any material from, or access other services via, the Website you may be required to accept and comply with separate terms of use for that service in addition to these Terms and Conditions. Not all services have separate terms of use. Any terms you are required to agree to and accept via other means are in addition to these Terms and Conditions and in the event of a direct conflict, these Terms and Conditions prevail to the extent of any inconsistency.

Disclaimer

To the maximum extent permitted by law:

  • DCJ Housing does not accept liability to any person for loss or damages incurred as a result of reliance upon material contained within the Website.
  • DCJ Housing accepts no responsibility for checking the accuracy or completeness of data, programs or any materials accessed through the Website.
  • By accessing the Website, you will be assuming all risks associated with use of the site, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Website or your access to it.

By accessing the Website, you will be deemed to have released and discharged DCJ Housing from all liability which might arise as a result of your use of the Website and any information you provide through, upload to, or download from, the Website, including liability in respect of any defamatory material or in respect of any dealings with any work (including software) in which you hold any copyright or other intellectual property right.

DCJ Housing cannot warrant and does not represent that the websites to which links are provided on the Website are complete, current, reliable and/or free from error. DCJ Housing cannot accept responsibility or liability for any loss, damage, cost or expense you might incur as a result of the use of or reliance upon the materials which appear at the linked sites.

DCJ Housing does not necessarily endorse or support the views, opinions, standards or information expressed at the linked sites. Similarly, you should not interpret the absence of a link from the Website to any particular third-party site as a criticism or comment by DCJ Housing on the provider or content of that site.

Some links which appear within the Website have been set up as an information source only.

As such, you should appreciate that despite the efforts of DCJ Housing to review and assess the suitability of the linked sites, some material which appears at those sites may cause offence or upset to some visitors. DCJ Housing regrets any such offence or upset caused.

MyHousing App Terms & Conditions

MyHousing App Terms of Use – iPhone

This license is for the provision of the mobile app available for free download from the App Store under the name "MyHousing" (App) between the person who downloads the App (You) and the Department of Communities and Justice for and on behalf of the State of New South Wales ABN 36 433 875 185 (DCJ).

The App is the only official app for the MyHousing online services (MyHousing). DCJ does not endorse any other mobile apps. Customers who download non-DCJ approved mobile apps do so at their own risk.

1. License terms: The App is licensed, not sold, by DCJ to You for use only under the terms of this license. You acknowledge that You also agree to the MyHousing terms and conditions (available at https://www.facs.nsw.gov.au/housing/myhousing/account-information/chapters/terms-and-conditions) and that such terms apply in addition to the terms of this license.

2. License parties: DCJ and You acknowledge that this license is concluded between DCJ and You only, and not with Apple or any other person. Subject to the terms and conditions of this license, DCJ, not Apple, is solely responsible for the App and the content thereof. DCJ reserves all rights not expressly granted to You.

3. Description of App: The service provided by the App allows You to: (i) apply for housing assistance; (ii) manage and access your information (including your contact details, account balances, transaction history, rent and income details, household member details and main application details); (iii) make online payments; (iv) access “AskIzzy”; (v) access “Link2Home”; (vi) lodge maintenance requests; and (vii) provide feedback to DCJ (collectively, the Services). Although every effort has been made to ensure the accuracy of information included in the App, DCJ does not accept liability to any person for loss or damages incurred as a result of reliance upon material contained within the App and DCJ accepts no responsibility for checking the accuracy or completeness of data, programs or any materials accessed through the App. You acknowledge that: (i) the App may not be compatible with certain devices and operating systems; and (ii) while DCJ endeavours to ensure that the App is free from viruses and other harmful code, this cannot be guaranteed.

4. Scope of license: This license granted to You for the App by DCJ is limited to a non-exclusive non-transferable license to use the App on any iPhone that You own or control and as permitted by the usage rules set forth in the App Store Terms of Service (Usage Rules). You may only use the App for Your personal, non-commercial purposes and You may not use or copy the App for any other purpose unless You obtain DCJ’s prior written consent. You may incur charges from Your mobile service provider for downloading and using the App.

5. License restrictions: This license does not allow You to: (i) use the App on any device that You do not own or control; (ii) distribute or make the App available over a network where it could be used by multiple devices at the same time; (iii) rent, lease, lend, sell, redistribute or sublicense the App; (iv) copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by law); (v) violate any applicable laws or access or use the App for any unlawful purpose; (vi) distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; or (vii) collect or store personal data about other users of the App.

6. Username and password: You must keep all usernames, passwords, personal identification numbers and answers to security questions confidential and must not disclose this information to any person. DCJ is not responsible for any loss suffered as a result of You disclosing any such information to another person. You should lock Your device and take all reasonable steps to stop unauthorised use of the App or disclosure of Your details.

7. Privacy: You agree that DCJ may collect and use your personal information in providing the Services. DCJ will handle personal information that we collect in relation to You in accordance with our privacy policy  (MyHousing Privacy Policy). You may update any personal information that we have about You by contacting us by way of the contact details stated in the MyHousing Privacy Policy.

8. Location data: The App makes use of location data to enhance the Services that DCJ provides to you. You can turn off this functionality at any time by turning off the location services settings for the App on Your device. If You use the App, You consent to us collecting, processing and using Your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings.

9. App functionality: The App may make use of Your device’s camera, photo gallery and calendar to enhance the Services that DCJ provides to you, including to add Your appointments to Your calendar and allow You to share information with us via the App. You can turn this functionality off at any time by turning off the camera, photo gallery and/or calendar permissions for the App on Your device. The App also permits use of Your device’s native microphone functionality (if any), such as speech-to-text. If we collect any personal information from You using Your device’s camera, photo gallery, calendar or microphone, we will handle that personal information in accordance with our MyHousing Privacy Policy.

10. Third party content: The App may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party sites. To the maximum extent permitted by applicable law, DCJ does not warrant or endorse and will not have any liability to You or any other person for any third party services, content or sites which are provided solely as a convenience to You.

11. Intellectual property: DCJ is the owner or the licensee of the intellectual property rights in the App, including the layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, other information and software. You agree that the App contains proprietary content, information and material that is protected by intellectual property laws and that You will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Services.

12. Upgrades: DCJ may from time to time upgrade the App. The terms of this license will govern any upgrades that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge that, in the event that DCJ upgrades the App, earlier versions of the App may no longer be downloaded or supported.

13. Maintenance and support: DCJ and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may, however, report issues in respect of the App to DCJ by contacting the Housing Contact Centre on 1800 422 322. DCJ will endeavour to address material issues that we determine have a substantial impact on the operation of the App for all users.

14. Liability: You acknowledge and agree that, to the maximum extent permitted by applicable law, use of the App is at Your sole risk and that, subject to clause 15: (i) DCJ disclaims all conditions, warranties, guarantees and rights with respect to the App; (ii) DCJ does not warrant against interference with Your enjoyment of the App, that the App will meet Your requirements, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected; (iii) DCJ disclaims all liability in respect of any claims arising in connection with this license; and (iv) DCJ is not liable for any indirect, consequential or economic damages or any loss of profits, revenue, goodwill or anticipated savings, whether the claim or liability arises in contract, tort (including negligence), equity, under statute or on any other basis. DCJ’s liability to You is reduced to the extent that Your acts or omissions (or those of a third party) contributed to or caused the relevant loss or damage.

15. Non-Excludable Provisions: Nothing in this license excludes anything imposed by any legislation (such as the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances) that cannot be lawfully excluded or limited (Non-Excludable Provision). If we are able to limit Your remedy for a breach of a Non-Excludable Provision, then our liability for such a breach is limited to one or more of the following at our option: (i) supplying the Services again; or (ii) the payment of the cost of having the Services supplied again.

16. Notification to Apple: In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be DCJ’s sole responsibility.

17. Claims: DCJ and You acknowledge that: (i) DCJ, not Apple, are responsible for addressing any claims of You or any third party relating to the App or Your possession and/or use of the App, including: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (C) any claims arising under consumer protection, privacy or similar legislation; and (ii) in the event of any third party claim that the App or Your possession and use of it infringes a third party’s intellectual property rights, DCJ, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

18. Representations and warranties: You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

19. Suspension: DCJ and its licensors reserve the right to change, suspend, remove or disable access to the App or any element of the Services at any time without notice. In no event will DCJ be liable for the removal of or disabling of access to the App or any such element of the Services. DCJ may also impose limits on the use of or access to certain elements of the App or Services, in any case and without notice or liability.

20. Termination: The license is effective until terminated by You or DCJ. Your rights under this license will terminate automatically without notice from DCJ if You fail to comply with any term(s) of this license. Upon termination of the license, You must cease all use of the App.

21. Third party beneficiary: DCJ and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this license, and that, upon Your acceptance of the terms and conditions of this license, Apple will have the right (and will be deemed to have accepted the right) to enforce this license against You as a third party beneficiary thereof.

22. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the App (e.g. You must not be in violation of any agreement with your mobile provider when using the App).

23. Amendments: DCJ may at any time change these App Terms of Use. We will notify You of any material changes via the App Store. By using the App after any changes are published, You agree to be bound by the changes.

24. Contacting DCJ: You may direct Your compliments, suggestions or complaints with respect to Housing Services at the address Client Feedback Unit, Locked Bag 7150, Liverpool BC 1871, by email at feedback@facs.nsw.gov.au or calling 1800 422 322.

25. Unenforceability: If any part of this license is held to be unenforceable, the unenforceable part is to be severed and the remainder will remain in full force and effect.

26. Governing law: The laws of New South Wales, Australia, govern this license and Your use of the App and You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Your use of the App may also be subject to other local, state, national or international laws.

MyHousing App Terms of use – Android

This license is for the provision of the mobile app available for free download from the Google Play Store under the name "MyHousing" (App) between the person who downloads the App (You) and the Department of Communities and Justice for and on behalf of the State of New South Wales ABN 36 433 875 185 (DCJ).

The App is the only official app for the MyHousing online services (MyHousing). DCJ does not endorse any other mobile apps. Customers who download non-DCJ approved mobile apps do so at their own risk.

1. License terms: The App is licensed, not sold, by DCJ to You for use only under the terms of this license. You acknowledge that You also agree to the MyHousing terms and conditions (available at https://www.facs.nsw.gov.au/housing/myhousing/account-information/chapters/terms-and-conditions) and that such terms apply in addition to the terms of this license.

2. Description of App: The service provided by the App allows You to: (i) apply for housing assistance; (ii) manage and access your information (including your contact details, account balances, transaction history, rent and income details, household member details and main application details); (iii) make online payments; (iv) access “AskIzzy”; (v) access “Link2Home”; (vi) lodge maintenance requests; and (vii) provide feedback to DCJ (collectively, the Services). Although every effort has been made to ensure the accuracy of information included in the App, DCJ does not accept liability to any person for loss or damages incurred as a result of reliance upon material contained within the App and DCJ accepts no responsibility for checking the accuracy or completeness of data, programs or any materials accessed through the App. You acknowledge that: (i) the App may not be compatible with certain devices and operating systems; and (ii) while DCJ endeavours to ensure that the App is free from viruses and other harmful code, this cannot be guaranteed.

3. Scope of license: This license granted to You for the App by DCJ is limited to a non-exclusive, non-transferable, worldwide and perpetual license to perform, display and use the App on any Android device that You own or control and as permitted by any applicable Google terms governing Your use of the App (including the Google Play Terms of Service). You may only use the App for Your personal, non-commercial purposes and You may not use or copy the App for any other purpose unless You obtain DCJ’s prior written consent. You may incur charges from Your mobile service provider for downloading and using the App.

4. License restrictions: This license does not allow You to: (i) use the App on any device that You do not own or control; (ii) distribute or make the App available over a network where it could be used by multiple devices at the same time; (iii) rent, lease, lend, sell, redistribute or sublicense the App; (iv) copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by law); (v) violate any applicable laws or access or use the App for any unlawful purpose; (vi) distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; or (vii) collect or store personal data about other users of the App.

5. Username and password: You must keep all usernames, passwords, personal identification numbers and answers to security questions confidential and must not disclose this information to any person. DCJ is not responsible for any loss suffered as a result of You disclosing any such information to another person. You should lock Your device and take all reasonable steps to stop unauthorised use of the App or disclosure of Your details.

6. Privacy: You agree that DCJ may collect and use your personal information in providing the Services. DCJ will handle personal information that we collect in relation to You in accordance with our privacy policy (MyHousing Privacy Policy). You may update any personal information that we have about You by contacting us by way of the contact details stated in the MyHousing Privacy Policy. You acknowledge that Your use of the App through any Android device may also be subject to additional terms and privacy policies of third parties (including the Google Play Terms of Service), which DCJ is not responsible for.

7. Location data: The App makes use of location data to enhance the Services that DCJ provides to you. You can turn off this functionality at any time by turning off the location services settings for the App on Your device. If You use the App, You consent to us collecting, processing and using Your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings.

8. App functionality: The App may make use of Your device’s camera, photo gallery and calendar to enhance the Services that DCJ provides to you, including to add Your appointments to Your calendar and allow You to share information with us via the App. You can turn this functionality off at any time by turning off the camera, photo gallery and/or calendar permissions for the App on Your device. The App also permits use of Your device’s native microphone functionality (if any), such as speech-to-text. If we collect any personal information from You using Your device’s camera, photo gallery, calendar or microphone, we will handle that personal information in accordance with our MyHousing Privacy Policy.

9. Third party content: The App may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party sites. To the maximum extent permitted by applicable law, DCJ does not warrant or endorse and will not have any liability to You or any other person for any third party services, content or sites which are provided solely as a convenience to You.

10. Intellectual property: DCJ is the owner or the licensee of the intellectual property rights in the App, including the layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, other information and software. You agree that the App contains proprietary content, information and material that is protected by intellectual property laws and that You will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the Services.

11. Upgrades: DCJ may from time to time upgrade the App. The terms of this license will govern any upgrades that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge that, in the event that DCJ upgrades the App, earlier versions of the App may no longer be downloaded or supported.

12. Maintenance and support: You may report issues in respect of the App to DCJ by contacting the Housing Contact Centre on 1800 422 322. DCJ will endeavour to address material issues that we determine have a substantial impact on the operation of the App for all users.

13. Liability: You acknowledge and agree that, to the maximum extent permitted by applicable law, use of the App is at Your sole risk and that, subject to clause 14: (i) DCJ disclaims all conditions, warranties, guarantees and rights with respect to the App; (ii) DCJ does not warrant against interference with Your enjoyment of the App, that the App will meet Your requirements, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected; (iii) DCJ disclaims all lability in respect of any claims arising in connection with this licence; and (iv) DCJ is not liable for any indirect, consequential or economic damages or any loss of profits, revenue, goodwill or anticipated savings, whether the claim or liability arises in contract, tort (including negligence), equity, under statute or on any other basis. DCJ’s liability to You is reduced to the extent that Your acts or omissions (or those of a third party) contributed to or caused the relevant loss or damage.

14. Non-Excludable Provisions: Nothing in this license excludes anything imposed by any legislation (such as the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances) that cannot be lawfully excluded or limited (Non-Excludable Provision). If we are able to limit Your remedy for a breach of a Non-Excludable Provision, then our liability for such a breach is limited to one or more of the following at our option: (i) supplying the Services again; or (ii) the payment of the cost of having the Services supplied again.

15. Suspension: DCJ and its licensors reserve the right to change, suspend, remove or disable access to the App or any element of the Services at any time without notice. In no event will DCJ be liable for the removal of or disabling of access to the App or any such element of the Services. DCJ may also impose limits on the use of or access to certain elements of the App or Services, in any case and without notice or liability.

16. Termination: The license is effective until terminated by You or DCJ. Your rights under this license will terminate automatically without notice from DCJ if You fail to comply with any term(s) of this license. Upon termination of the license, You must cease all use of the App.

17. Amendments: DCJ may at any time change these App Terms of Use. We will notify You of any material changes via the Google Play store. By using the App after any changes are published, You agree to be bound by the changes.

18. Contacting DCJ: You may direct Your compliments, suggestions or complaints with respect to Housing Services at the address Client Feedback Unit, Locked Bag 7150, Liverpool BC 1871,  by email at feedback@facs.nsw.gov.au or calling 1800 422 322.

19. Unenforceability: If any part of this license is held to be unenforceable, the unenforceable part is to be severed and the remainder will remain in full force and effect.

20. Governing law: The laws of New South Wales, Australia, govern this license and Your use of the App and You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Your use of the App may also be subject to other local, state, national or international laws.

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Last updated: 21 Jul 2020