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Terms & Conditions

AUSSIE HOUSE SITTERS TERMS AND CONDITIONS

Itchyfoot Pty Ltd ACN 154 572 577 (referred to as Aussie House Sitters) provides an introductory service between Australian home owners who require house sitting services for their homes, and house sitters to provide a house sitting service in the home owners home while the home owner is away (collectively, the Services). The Services are available on the Aussie House Sitters website at www.aussiehousesitters.com.au (Site).

1. Contract

(a) These House Sitter Terms and Conditions (Terms) form a binding legal agreement between Aussie House Sitters, its directors, officers, employees, successors and assignees, person, organisation or entity using the Services (referred to as User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Aussie House Sitters using the contact details at the end of these Terms.

(b) The User’s use of the Site and the Services indicates that:

(i) the User has had sufficient opportunity to access the Terms and contact Aussie House Sitters;

(ii) the User has read, accepted and will comply with the Terms;

(iii) the User has legal capacity to enter into a contract for house sitting services; and

(iv) the User is 18 years or older.

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to the Services.

(c) These Terms may be amended from time to time, without prior notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Aussie House Sitters recommends that each User check the current Terms, before continuing use of the Services. Aussie House Sitters’ agents, employees and third parties do not have authority to change the Terms.

(d) These Terms supplement and incorporate the Aussie House Sitters policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site.

(e) The User is also subject to:

(i) the PayPal Terms of Service including, without limitation, the User Agreement; and

(ii) the eWay Terms and Conditions.

(f) Aussie House Sitters’ Privacy Policy sets out how Aussie House Sitters collects, uses and protects the personal information of its Users. Aussie House Sitters’ Website Terms of Use govern your use of the Site. These documents are available on the Site.

2. Introductory Service Only

(a) The Site and the Services provide an online introductory platform for Australian home owners (Owner) and house sitters (Sitter) through which:

(i) Sitters will be able to create a profile (Sitter Profile) on the Site, advertising their availability to house sit (Sitting Services);

(ii) contact Owners using the messaging system provided on the Site; and

(iii) Owners will be able to view Sitter Profiles, create their own house sitting ads (Owner Ad) on the Site advertising opportunities for a Sitter to house sit and if applicable use their vehicle, request Sitting Services and/or contact a Sitter using the messaging system provided on the Site.

(b) A Sitter must set out all relevant information in a Sitter Profile such as when and where they can provide the Sitter Service and as well as any other applicable terms and conditions.

(c) An Owner must set out all relevant information in an Owner Ad such as the time and date for when they would like the Sitting Services and the location for where the Sitting Services are to be provided as well as any other applicable terms and conditions. If an Owner contacts a Sitter directly to request Sitting Services, they must also set out all relevant information in their message as outlined above.

(d) An Owner will be able to contact a Sitter for the Sitting Services using the messaging system provided on the Site.

(e) To be a member of the site, each User must register and provide the information requested.

(f) An Owner can view Sitter Profiles, and contact a Sitter via the in-site messaging system to make arrangements with the Sitter.

(g) A Sitter can view Owner Ads, and contact an Owner via the in-site messaging system to make arrangements with the Owner.

(h) Each User understands and agrees that the Site is an online introductory platform only, and that Aussie House Sitters’ responsibilities are limited to facilitating the availability of the Site and the Services.

(i) Aussie House Sitters may at the request of an Owner or Sitter, provide a house sitting agreement template to specify the arrangements for the house sit. Owners and Sitters are under no obligation to use the house sitting agreement template. Aussie House Sitters assumes no responsibility for the validity or effectiveness of any such agreement or form and is strictly and expressly not part of any such agreement.

(j) Aussie House Sitters is not a party to any agreement entered into between an Owner and a Sitter. Aussie House Sitters is not a referrer or booking agent, and provides no such related services. Aussie House Sitters has no control over the conduct of Owner, Sitter or any other users of the Site and Services. Aussie House Sitters disclaims all liability in this regard, as set out in these terms.

(k) Any arrangement between an Owner and a Sitter is solely between the Owner and Sitter. It is strictly and expressly not part of the User’s agreement with Aussie House Sitters.

3. Online Registration

(a) A User can browse and view Sitter Profiles, Owner Ads, and the Site as an unregistered user of the Site. A User must register on the Site and create an account (Account) to access some Services and features on the Site, including for Sitters, creating a Sitter Profile and for Owners, making an Owner Ad.

(b) Each User may only have one (1) Account on the Site.

(c) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.

(d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Aussie House Sitters reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Aussie House Sitters proves to be inaccurate, not current or incomplete.

(e) Information on the storage and security of your personal information can be found in our Privacy Policy and Website Terms of Use. Aussie House Sitters may occasionally use Owner Ads or Sitter Profiles, including photos, within our social media pages for promotion or other. This includes, but is not limited to, Facebook and Instagram.

(f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.

(g) House sitters who charge for their services (professional house sitters) are permitted to register on Aussie House Sitters but they must be the sole employee of their business. They must also display clearly at the top of their profile a full list of their rates and charges and these must be discussed directly with the Owner in their initial discussions and prior to the house sit being confirmed.

(h) The User will immediately notify Aussie House Sitters of any unauthorised use of its Account.

4. Sitters and Sitter Profiles

(a) Sitters who have created an Account are permitted to create Sitter Profiles. The Sitter Profile for its use on the Site is created from the personal information it provides to Aussie House Sitters. The Sitter Profile does not disclose the Sitters’ personal email. For safety, security and privacy reasons, the Sitter Profile is not permitted to contain any website urls, phone numbers, email addresses, surnames or any other identifiable information. Aussie House Sitters reserves the right, at any time and without prior notice, to remove URL or website details, phone numbers, email addresses, surnames and anything else we deem inappropriate from a Sitter Profile.

(b) Each Sitter acknowledges and agrees that it is responsible for its own Profile including any issues that may arise as a result of the Sitter disclosing their personal information.

(d) If an Owner contacts a Sitter and requests Sitting Services, any agreement entered into is between the Owner and Sitter. Aussie House Sitters is not a party to the agreement.

(e) Each Sitter acknowledges and agrees that any communications entered into with another User is at his or her own risk. Aussie House Sitters cannot guarantee that other Users have genuine intentions.

(f) Each Sitter should report to Aussie House Sitters, any activities or requests of Users which are, or which the Sitter reasonably believes to be:

(i) suspicious;

(ii) inconsistent;

(iii) illegal; or

(iv) likely to have a negative effect on the reputation of Aussie House Sitters, the Site, Services and/or a User.

(g) Each Sitter acknowledges and agrees that while the Site allows Sitters to communicate with Owners, Sitters are not permitted to share the contact information of other Sitters and Owners.

(h) Each Sitter represents and warrants that any content that it provides and Sitter Profile that it posts:

(i) will not breach any agreements it has entered into with any third parties;

(ii) will be in compliance with all applicable laws, tax requirements, and rules and

regulations that may apply to any User in its local area and country; and

(iii) will not conflict with the rights of third parties.

(i) For the avoidance of doubt, Aussie House Sitters assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

(j) Aussie House Sitters reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Sitter Profile for any reason, including Accounts and/or Sitter Profiles that Aussie House Sitters, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

5. Owners and Owner Ads

(a) Owners who have created an Account are permitted to create Owner Ads. The Owner’s ad for its use of the Site is created from the personal information it provides to Aussie House Sitters. The ad does not disclose the Owner’s personal email. For safety, security and privacy reasons, the Owner Ad is not permitted to contain any website urls, phone numbers, email addresses, surnames or any other identifiable information. Aussie House Sitters reserves the right, at any time and without prior notice, to remove URL or website details, phone numbers, email addresses, surnames and anything else we deem inappropriate from an Owner Ad.

(b) Where a home is rented or leased, the landlord or any agent engaged by the landlord must give full approval for the tenant to act as the Owner. The tenant is then classed as an ‘Owner’ as stated within these terms and conditions.

(c) Each Owner acknowledges and agrees that it is responsible for its own Ad including any issues that may arise as a result of the Owner disclosing their personal information.

(d) Owners can access the Site to communicate with Sitters to request Sitting Services. It is against Aussie House Sitters policy for other people to reside in the house while the Sitter is providing Sitting Services or to request that the Sitter provide care for any people during the term of the house sit. If caretaker duties are required (e.g. AirBNB), this is an agreement that is entered into between the Owner and Sitter and appropriate remuneration would be expected to be provided to the Sitter for these additional services.

(e) Owners are required to advise Sitters of the existence and location of all security cameras including any pet cameras that are installed both inside and outside the home before an agreement is made. All INTERNAL and PET cameras must be turned OFF for the full duration of the house sit.

(f) If an Owner contacts a Sitter and requests Sitting Services, any agreement entered into is between the Owner and Sitter. Aussie House Sitters is not a party to the agreement.

(g) Each Owner acknowledges and agrees that any communications entered into with another User is at his or her own risk. Aussie House Sitters cannot guarantee that other Users have genuine intentions.

(h) Each Owner should report to Aussie House Sitters, any activities or requests of Users which are, or which the Owner reasonably believes to be:

(i) suspicious;

(ii) inconsistent;

(iii) illegal; or

(iv) likely to have a negative effect on the reputation of Aussie House Sitters, the Site, Services and/or a User.

(i) Each Owner acknowledges and agrees that while the Site allows Owners to communicate with Sitters, Owners are not permitted to share the contact information of other Owners and Sitters.

(j) Each Owner represents and warrants that any content that it provides, including any messages sent or Owner Ad that it posts:

(i) will not breach any agreements it has entered into with any third parties;

(ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and

(iii) will not conflict with the rights of third parties.

(k) For the avoidance of doubt, Aussie House Sitters assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

(l) Aussie House Sitters reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Owner Ad for any reason, including Accounts and/or Owner Ads that Aussie House Sitters, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

6. Identification Verification

(a) Aussie House Sitters may offer Sitters the option of verifying their identification and/or validating their Account using our third party ID verification service, currently Trulioo (ID Verification Service Provider).

(b) Where the Sitter has elected to have their identification verified in this manner, the Sitter acknowledges and agrees that:

(i) Aussie House Sitters may contact, connect to or otherwise liaise with the ID Verification Service Provider to validate the Sitter’s identification and information (Identity Check); and

(ii) the Sitter must provide the ID Verification Service Provider with personal information, such as their driver’s licence, Medicare card, address, passport and/or their visa to enter Australia and the Sitter consents to the use of such information for the purpose of the ID Verification Service Provider performing an Identity Check.

(i) Aussie House Sitters may permit the Sitter to use verification signs or badges in connection with their Account to indicate that a successful Identity Check has been performed (Verification Badge);

(ii) the Verification Badge be displayed on the Account, even if all Sitters on the Account have not been verified by an Identity Check; and

(iii) only one Identity Check will be allowed per Account.

(d) All Users acknowledge and agree that:

(i) the Identity Check and the issuance of a Verification Badge may not be fully accurate, as they are dependent on a Sitter’s information and/or information or checks performed by the ID Verification Service Provider;

(ii) Users should not rely on the Identity Checks or the Verification Badges, and Users should make their own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Users;

(iii) Aussie House Sitters make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with:

(A) the accuracy, legitimacy, validity, credibility or authenticity of any Users;

(B) the performance of any Identity Check; or

(iv) to the maximum extent permitted by law, Aussie House Sitters accepts no responsibility and excludes all liability arising from, or connected with, the Identity Checks or the Verification Badges, or any use of or reliance on Identity Checks or Verification Badges, including Verification Badges over Accounts where not all members of the Account have been verified.

For more information on identity verification you can contact the Office of the Australian Information Commissioner (OAIC) at Level 3, 175 Pitt Street, Sydney. NSW. 2000. enquiries@oaic.gov.au

7. Owner Warranties and Representations

(a) Owners represent and warrant that in relation to its home and/ or vehicle and/or pets (if applicable):

(i) it will be responsible for and bear the cost of food, any medication, and any vet bills required for any pets that the Sitter is looking after as part of the Sitter Services;

(ii) it has full comprehensive and current insurance policies and cover in place for their home and vehicle (if applicable) including insurance for any and all loss, liability and personal injury that may occur to any third party (including Sitters) that is occupying or using the home and/ or vehicle (if applicable) or which results from an act (or failure to act) of any third party (including Sitters) that is occupying or using the home and/ or vehicle (if applicable) during any period of house sitting. Note legal requirements in relation to home and vehicle (if applicable) insurance may be different in each local area, State or Territory. Owners are solely responsible for ensuring the legality and appropriateness of any insurance in their own legal jurisdiction;

(iii) that all land rates, property taxes, utilities, mortgage payments, body corporate fees, television/ radio licences, fire, police, ambulance and other emergency services levies, and all other levies, rates, taxes, charges, tolls and/ or tithes that are payable by the Owner are paid for and will be paid for during any period of house sitting;

(iv) that the house will have no other residents for the duration of the house sit period and any people coming to the property will only be permitted after consultation with the Sitter;

(v) that all fittings and appliances (as relevant) including smoke alarms where required by law are in good working order immediately prior to the commencement of any period of house sitting; and

(vi) that it will be responsible for and bear the cost of any repairs required to be made to their house and/ or vehicle (if applicable) attributable to normal wear and tear including any fittings, appliances and contents (as relevant).

(b) For the avoidance of doubt, Aussie House Sitters assumes no responsibility for and makes no representations or warranties for an Owner’s compliance with any applicable laws, rules and regulations or these Terms including compliance with their warranties and representations as set out in this clause 7.

8. Sitter Warranties and Representations

(a) Sitters represent and warrant that in relation to any home and/ or vehicle (if applicable) it occupies and uses during any period of house sitting:

(i) that they will be responsible for and bear the cost of any repairs required to be made to the house and/ or vehicle (if applicable) that are attributable to any neglect or misuse including any fittings, appliances and contents and will immediately report the required repairs to the Owner’s nominated agent (Owners Agent).

(ii) that they will immediately report to the Owners Agent any loss, liability and personal injury that occurs to any third party (including themselves) that is occupying or using the home and/ or vehicle (if applicable) or which results from an act (or failure to act) of any third party (including themselves) that is occupying or using the home and/ or vehicle (if applicable) during any period of house sitting;

(iii) that they will be responsible for taking care of any pets in accordance with the Owner’s instructions, which will include feeding, walking, grooming, washing, and taking the pet/s to the Owner’s nominated vet if required;

(iv) that they will be responsible for maintaining any lawns, gardens and pools as per their negotiations with the Owner;

(v) that they will be responsible for minor costs such as but not limited to replacing light globes;

(vi) that they will keep the home and vehicle (if applicable) clean, tidy and in a good state of repair;

(vii) that they will replace any broken items with items of equivalent use and quality;

(viii) that they will not have any visitors to the home without the owner’s prior permission;

(ix) that they will not sublet or rent out the home or vehicle (if applicable);

(x) that the home and vehicle (if applicable) will be securely locked at all times;

(xi) that they will not do anything, or authorise any third party to do anything that could terminate or invalidate any insurance cover for the home and/ or vehicle (if applicable);

(xii) that they will not smoke in the home or vehicle (if applicable);

(xiii) that they will forward any mail to the Owners Agent;

(xiv) that they will following any period of house sitting, leave the house and vehicle (if applicable) clean, tidy and in a good state of repair; and

(xv) that they will following any period of Exchange, pay for any amounts that are reasonably due to be paid by them as a result of any of the above warranties and or representations.

(b) For the avoidance of doubt, Aussie House Sitters assumes no responsibility for and makes no representations or warranties for a Sitters’ compliance with any applicable laws, rules and regulations or these Terms including compliance with their warranties and representations as set out in this clause 8.

9. Additional Warranties and Representations for Vehicles

(a) Owners who allow Sitters to use their vehicles during any period of house sitting represent and warrant that in addition to the warranties and representations as set out in clause 7, in relation to their vehicle:

(i) that it complies with all relevant legal and regulatory requirements for use;

(ii) that it is in good working condition;

(iii) that it has been recently serviced;

(iv) that they will provide the Sitter with documentation detailing information on the vehicles registration and insurance policy; and

(v) that they will provide the Sitter with a list of their vehicles’ minor defects.

(b) Sitters who use an Owner’s vehicles during any period of house sitting represent and warrant that in addition to the warranties and representations as set out in clause 8, in relation to the Owner’s vehicle:

(i) that the Owner’s vehicle will only be driven by the Sitter unless otherwise agreed in writing;

(ii) that the Sitter has the appropriate licences and documentation to legally drive the Owners’ vehicle; and

(iii) that the Owner’s vehicle will be driven only on sealed roads;

(iv) that they will immediately report to the Owners Agent any accident or mechanical failure; and

(v) that they will report any accident to the relevant authority.

(c) For the avoidance of doubt, Aussie House Sitters assumes no responsibility for and makes no representations or warranties for an Owner’s or Sitter’s compliance with any applicable laws, rules and regulations or these Terms including compliance with their warranties and representations as set out in this clause 9.

10. Owners Agent

(a) Each Owner must appoint an Owners Agent and must provide the Sitter with the Owners Agent’s contact details.

(b) The Owners Agent is responsible for and must have authority to authorise any repairs to the Owner’s house and/ or vehicle irrespective of whether the Owner or the Sitter is responsible for the cost of the repairs. Where the Sitter is responsible for the cost of the repairs, the Owners Agent must provide an invoice of the costs and expenses incurred for the repairs.

(c) Sitters will permit the Owners Agent to inspect the home and/ or vehicle (if applicable) with reasonable notice. Where an inspection is required as a result of an emergency no notice is required.

(d) For the avoidance of doubt, Aussie House Sitters assumes no responsibility for and makes no representations or warranties for an Owner’s compliance with any applicable laws, rules and regulations or these Terms including compliance with their warranties and representations as set out in this clause 10.

11. Reviews and Ratings

(a) Owners may provide a review and/or a rating for a Sitter and a Sitter may provide a review and/or a rating for an Owner (Reviews and Ratings). A User may publish one Response to a Review and/or Rating they receive.

(b) A Review and Rating can not be posted if the house sit assignment hasn't taken place due to cancelation by either the Owner or Sitter. Aussie House Sitters may delete such Reviews and/or Ratings.

(c) Reviews and Ratings and any associated Responses will be made public and published on a Sitter Profile, an Owner Ad, or on an Owner's message if they make direct contact without posting an ad. Users are unable to remove a Review, Rating or Response even if they disagree with the content.

(d) Owners and Sitters must provide true, fair and accurate information in their Reviews and Ratings and any associated Responses. Reviews, Ratings and associated Responses reflect the opinions of individual Users and do not reflect the opinion of Aussie House Sitters.

(e) If, in Aussie House Sitters’ reasonable assessment, a Review, Rating or Response is untrue, unfair, inaccurate, offensive or inappropriate, Aussie House Sitters may delete the Review, Rating and/or Response . Aussie House Sitters does not undertake to screen each Review, Rating or Response.

(f) To the fullest extent permitted by law, Aussie House Sitters is not responsible for the content of any Reviews and Ratings or any associated Responses.

12. Payments

(a) Sitters are required to pay the fees as set out on our Site (Fees).

(b) Payments for Owner and Sitter differ.

(c) Whilst Owners do not need to pay a fee for the Services, they acknowledge that the use of the Services may result in charges to them for the Sitting Services they receive, including any applicable insurance, and any associated fees and taxes.

(d) Each Sitter agrees to pay the relevant Fees, in the currency specified on the Site, at the time that it creates an Account.

(e) A Sitter may pay for the Services by direct transfer, direct debit, PayPal and/ or credit card. The payment will be processed immediately. If a Sitter’s payment is not able to be successfully processed then the Account will not be created.

(f) Goods and Services Tax (GST) will be charged where applicable.

(g) The Sitter must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.

(h) In the absence of fraud or mistake, all payments made are final and the Sitter shall not have the right to cancel the creation of the Account for any reason and further each Sitter agrees to satisfy all such payments made.

(i) If Aussie House Sitters does not receive a Subscription Fee in full on its due date for any reason, the Sitter will be notified of the unsuccessful payment, and until such time as the Subscription Fee is received in full by Aussie House Sitters, the Sitter will not have access to their Account or the Services.

(j) If the Sitter makes a payment by debit or credit card, the Sitter warrants that the information provided to Aussie House Sitters is true, accurate and complete, that the Sitter is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Sitter will maintain sufficient funds in the account to cover the Fees.

(k) Nothing prevents Aussie House Sitters from taking any action necessary to recover any unpaid Fees. If the Sitter fails to pay, the Sitter’s information will be passed on for collection and or legal action. The Sitter acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the Sitter at any time exceeds Aussie House Sitter’s payment terms and as a result are passed on for collection and or legal action, Aussie House Sitters may place a default against the Sitter with a credit reporting agency.

(l) Aussie House Sitter’s pricing structure or payment methods may be amended from time to time at its sole discretion.

13. Offers and Promotions

(a) Aussie House Sitters may, from time to time, make offers or promotions which may be applicable to the Services.

(b) The conditions of such offers or promotions will be specified on the Site.

(c) The User acknowledges and agrees that Aussie House Sitters may, at its sole discretion, remove or extend any offers or promotions, and Aussie House Sitters will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

14. Reward Credits

(a) Aussie House Sitters may award Sitters credit towards payment of their Fees (Reward Credits).

(b) Reward Credits can be earned by Sitters as set out on our Site, and including, but not limited to:

(i) achieving a Membership Badge (as defined below); and

(ii) referring a friend who becomes a Sitter.

(c) When a Reward Credit is credited to a Sitter’s Account, the Reward Credit will be automatically applied to reduce the cost of the Sitter’s next Subscription Fee.

(d) Reward Credits are not transferrable or redeemable.

(e) If a Sitter has earned a Reward Credit, but their membership to their Account has lapsed, the Reward Credit will remain on the Account until such time as the Sitter re-establishes their membership to their Account. The Reward Credit will then be credited to payment of the re-establishment Fee.

(f) Aussie House Sitter’s structure and method for Reward Credits and Membership Badges may be amended from time to time at its sole discretion.

15. Membership Badges

(a) The Sitter or Owner may earn membership badges reflecting their length of membership to Aussie House Sitters (Membership Badges).

(b) Earning Membership Badges can result in the Sitter earning Reward Credits, as set out on our Site.

16. Dispute Resolution

(a) For disputes between Owners and Sitters, we encourage these parties to attempt to resolve disputes (including claims for refunds) with the other party directly and in good faith, through methods external to the Site. In the event that a dispute cannot be resolved through these means, Owners and Sitters may request assistance from Aussie House Sitters and we may assist at our discretion, in accordance with clause 17. Alternatively, Users may choose to resolve the dispute in any manner agreed between them or otherwise in accordance with applicable laws.

(b) Aussie House Sitters welcomes feedback from its Users about the Services. Aussie House Sitters seeks to resolve concerns about the Services quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.

(c) In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and Aussie House Sitters, either the User or Aussie House Sitters may not commence court proceedings relating to a Dispute without first meeting (including electronically) with a senior representative of the other party to seek (in good faith) to resolve the Dispute. If the parties cannot agree how to resolve the Dispute at that initial meeting, either the User or Aussie House Sitters may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

17. Complaints Procedure

(a) In the event that there is a dispute between Users of the Site, a User may request assistance from Aussie House Sitters in resolving such dispute and assistance may be offered at Aussie House Sitters discretion.

(b) Aussie House Sitters will consider the information provided and determine, in its sole discretion, whether action by Aussie House Sitters is required.

(d) Users agree to cooperate with Aussie House Sitters and respond to reasonable requests for information required by Aussie House Sitters to assist with resolving disputes with other Users.

(e) Aussie House Sitters reserves the right to deactivate a User’s Account during the investigation if the complaint is deemed to be of a serious nature or until such time as a response from that User is provided.

(f) Aussie House Sitters may encourage Users to resolve a dispute by suggesting an outcome based on the information provided.

(g) Aussie House Sitters may determine, in its sole discretion, that a User is no longer suitable to remain a User and will not be permitted to continue using the Site and the Services, at which time the User’s Account will be cancelled.

(h) Aussie House Sitters may inform other Users of the cancellation of a User’s Account, but shall not reveal the details of any dispute.

(i) If a User is not satisfied with Aussie House Sitter’s response or prefers to no longer involve Aussie House Sitters in the dispute, Aussie House Sitters encourages Users to resolve such disputes between themselves.

(j) For the avoidance of doubt, Aussie House Sitters is not a mediator or arbitrator, nor does it hold itself out as such, and it does not make any representations or guarantees in respect of the resolution of any disputes between Users, including whether a User will be compensated in respect of a dispute.

18. Cancellation of Registration

(a) If a User wishes to cancel its Account, it will need to do so by writing an email to admin@aussiehousesitters.com.au. Users can also deactivate their Account at any time via the Site.

(b) No refunds will be made upon cancellation.

19. Consumer Guarantees

(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Aussie House Sitters: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates."

20. Intellectual Property

(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Aussie House Sitters (or its affiliates and/or third party licensors as applicable).

(b) The User agrees that, as between the User and Aussie House Sitters, Aussie House Sitters owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Aussie House Sitters or the owner of the content.

(c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(d) Aussie House Sitters’ Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Aussie House Sitters or the applicable trademark holder or Intellectual Property owner.

(e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Aussie House Sitters or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

21. User Licence

(a) Subject to these Terms, Aussie House Sitters grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Aussie House Sitters’ prior written consent.

(b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.

(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

22. Permitted and Prohibited Conduct

(a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

(i) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

(ii) register for more than one Account or register for an Account on behalf of another individual and/or entity;

(iii) use the Services to find a Sitter and then complete, or assist another individual to complete, or transact independent of the Services in order to circumvent the obligation to pay any fees related to Aussie House Sitters’ provision of the Services;

(iv) post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Sitter Profile or Owner Ad;

(v) submit any false or misleading information;

(vi) as a Sitter, offer any Sitting Services that it does not intend to honour or cannot provide;

(vii) as an Owner, make any offers to the Sitter that it does not intend to honour;

(viii) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

(ix) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;

(x) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(xi) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(xii) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;

(xiii) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;

(xiv) use, display, mirror or frame the Site, or any individual element within the Site, Services, Aussie House Sitters’ name, any Aussie House Sitters trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Aussie House Sitters’ express written consent; or

(xv) advocate, encourage, or assist any third party in doing any of the foregoing.

23. Content

(a) The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Aussie House Sitters and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

(b) The User must not post, upload, publish, submit or transmit any content that:

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii) is fraudulent, false, misleading or deceptive;

(iii) denigrates Aussie House Sitters, the Site, Services, an Owner, or a Sitter;

(iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or

(vii) promotes illegal or harmful activities or substances.

24. User Content

(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Aussie House Sitters a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.

(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:

(i) it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Aussie House Sitters the rights in such User Content or Intellectual Property, as contemplated under these Terms; and

(ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Aussie House Sitters’ use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) Aussie House Sitters may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

25. Disclaimers

(a) Aussie House Sitters does not guarantee that Sitting Services will be requested by

any Owner, nor does Aussie House Sitters guarantee that Owners will be able to find desirable Sitters and/or Sitting Services.

(b) Aussie House Sitters does not endorse any Owner, Sitter, Sitter Profile, Owner Ad or Sitting Services. Aussie House Sitters requires Owner and Sitter to confirm that they have provided accurate information. Aussie House Sitters does not perform any sort of background checks of Owner and Sitter, and does not confirm, any Owner or Sitter’s identity, Sitter Profile, Owner Ad, and/ or Sitting Services.

(c) Aussie House Sitters cannot and does not control the content contained in any Sitter Profile, Owner Ad or message sent via the site or the condition, legality or suitability of any Sitter or Sitting Services. Owners are responsible for determining the identity and suitability of Sitters that they contact via the Services and Sitters are responsible for determining the identity and suitability of any Owner that they contact via the Services.

(d) Aussie House Sitters accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Aussie House Sitters disclaims any and all liability related to any and all Owners, Sitters, Sitter Profiles, Owner Ads and Sitting Services.

(e) Aussie House Sitters recommends all Owners check the identification of the Sitter prior to the provision of the Sitting Services. Aussie House Sitters also recommends all Sitters exercise due care in verifying the identity of any Owner prior to the provision of the Sitting Services.

(f) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Owners or Sitters or other third parties will be limited to a claim against the Owner or Sitter or other third party who caused it harm. Aussie House Sitters encourages the User to communicate directly with the relevant Owner or Sitter on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

(g) To the fullest extent allowable under applicable law, Aussie House Sitters disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

(h) For the avoidance of doubt, Aussie House Sitters is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Aussie House Sitters advises that all Users using the Site and Services should seek advice in relation to these matters.

(i) Each Owner and Sitter who uses the Site and the Services does so at their own risk.

(j) Aussie House Sitters excludes all express and implied conditions and warranties to the fullest extent permitted by law, including but not limited to:

(i) Aussie House Sitters expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

(ii) Aussie House Sitters does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;

(iii) Aussie House Sitters takes no responsibility for, and will not be liable for, the Site, the Services, the Owner, the Sitter and Sitting Services being unavailable, of a particular standard of workmanship, failing to meet the Sitter Profile description, failing to meet the Owner Ad description, failing to meet the User’s needs, or being of less than merchantable quality; and

(iv) Aussie House Sitters will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage related to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Sitter Profile, any Owner Ad, the Sitting Services, or the Terms, even if Aussie House Sitters was expressly advised of the likelihood of such loss or damage.

(k) The User agrees not to attempt to impose liability on, or seek any legal remedy from Aussie House Sitters with respect to such actions or omissions.

26. Limitation of Liability

(a) Aussie House Sitters’ total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Aussie House Sitters in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Aussie House Sitters and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of Aussie House Sitters.

27. Indemnity

(a) Each User agrees to defend and indemnify and hold Aussie House Sitters (and Aussie House Sitters’ parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any willful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

(b) Aussie House Sitters reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Aussie House Sitters without restriction.

28. General

(a) Accuracy: While Aussie House Sitters will endeavour to keep the information up to date and correct, Aussie House Sitters makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Aussie House Sitters expressly excludes any liability for such to the fullest extent permissible by law.

(b) Security: Aussie House Sitters does not process or store credit card information on our servers. All credit card payments are processed by a secured third party processor with Level 1 PCI DSS compliance.

(c) Termination: Aussie House Sitters reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Aussie House Sitters decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (b) any Sitter Profile or Owner Ad (as relevant) will be immediately terminated; (c) Aussie House Sitters may refund the Sitter in full, regardless of any policy; and (d) the User will not be entitled to any compensation as a result of a suspension, deactivation or termination of their Account.

(d) Fraudulent Activities: Each User acknowledges and agrees that, in the event Aussie House Sitters reasonably suspects that there are fraudulent activities occurring within the Site and Services, Aussie House Sitters reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(e) Force Majeure: Aussie House Sitters will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

(f) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

(g) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Aussie House Sitters of any of the Terms shall be effective unless Aussie House Sitters expressly states that it is a waiver and Aussie House Sitters communicates it to the User in writing.

(h) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Aussie House Sitters’ prior written consent.

(i) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(j) Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. Aussie House Sitters makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so at its own risk and is responsible for complying with the laws in the place where he/she accesses the Site.

(k) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Aussie House Sitters and each User, and supersede any prior agreement, understanding or arrangement between Aussie House Sitters and each User, whether oral or in writing.

For questions and notices, please contact:

Itchyfoot Pty Ltd ACN 154 572 577

admin@aussiehousesitters.com.au

Last update: 4 May 2020

LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.