Terms & Conditions - Vacancy4U Pty Ltd ACN 100 691 085 |
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Vacancy4U Pty Ltd is an Advertising Medium Vacancy4U Pty Ltd ACN 100 691 085 and its various websites are advertising media for the promotion of holiday and short term accommodation. Unless by special arrangement, we do not advertise permanent or long term rental properties. Vacancy4U Pty Ltd is paid a small fee for successfully referring a booking request or enquiry from a tourist, traveller or renter to an agent, owner or manager of a property. As such we retain the right to remove from our various websites any properties which are advertised as permanent or long term rentals. Materials on Vacancy4U Materials and information appearing on our sites is primarily provided by persons other than Vacancy4U Pty Ltd, its directors, employees or representatives. Acceptable Use of Vacancy4U Pty Ltd and its Sites A condition of your use of our sites is that you warrant not to use our sites for any purpose that is unlawful or prohibited by these terms and conditions or by other applicable laws or regulations. You agree:
• deliberate misuse by you or someone on your behalf to our site • any use or listing on our site by you or someone on your behalf • or reckless indifference to damage of our site or reputation by you or someone on your behalf. • or the breach of any these terms by you or someone on your behalf Use of Vacancy4U by Renters, Travellers and Tourists You agree not to claim against us for the failure of a booking, for whatever reason. If you are intending to stay at one of the properties described on our sites, you must rely entirely in your own enquiries and satisfy yourself as to the accuracy, validity, reliability and currency of the material appearing on our sites. Whilst we may provide the initial means of contact between you, and the property we take no responsibility whatsoever for any transaction entered into between you and the owner. Vacancy4U Pty Ltd does not and cannot guarantee that:
Vacancy4U Pty Ltd, its directors, employees or representatives have absolutely no involvement in determining:
Owners and Managers of Properties You agree that in return for the services specified on our site and in e-mails and messages sent to you, you will pay the amounts specified for those services within 30 days of the invoice being forwarded to you and that if you do not pay that invoice your material may be removed from publication and we may commence proceedings against you for any money you owe us at our discretion. You agree not to claim against us for the failure of a booking, for whatever reason. You must ensure that the material uploaded to our site by you or someone on your behalf is the valid, reliable, accurate and current. For owners and managers the validity, reliability, accuracy, relevance and currency of the information you provide about your property will be reflected in the amount of business you transact and the ‘positive feedback’ that your guests generate for your property. Thus it is essential that you make every attempt to ensure that your property descriptions are accurate and that your calendar truly reflects the current state of your vacancies. We take reasonable care to transcribe your material into an online format. However, we reserve the right to edit or condense material in any way we see fit and you agree not to claim against us for any change we make. In consideration of the publication of material you supply to us you agree not to make any claim against us including anything caused by our negligence. We reserve the right to exercise our discretion to refuse, edit or remove any material on any Vacancy4U website. In renting out your property you must rely entirely on your own enquiries and satisfy yourself as to the accuracy of the material sent to you by or via our sites or appearing on one or more of our sites, including your records and bookings kept on our site. Whilst we may provide the initial means of contact between you, and the renter we take no responsibility whatsoever for any transaction entered into between you and the renter. You the property owner, manager or agent agrees not to make any claim against Vacancy4U Pty Ltd, its directors, employees or representatives in relation to any matter arising from:
By placing material on our sites you give us a license to use that material, including altering it in any way, allowing us to use it as we see fit in any media anywhere in the world. (Refer copyright section). You agree to provide material that is truthful about the property, that is quiet, clean and safe to use as a rental property and that you have appropriate insurance cover for your own losses and claims that might be made against you by renters their guests and your neighbours. Whether renters do, or do not have exclusive use of the property or facilities your position in relation to liability and insurance should be clearly explained to the renters and the relevant parties. It is a condition of use of Vacancy4u websites that owners, managers or agents do not display phone numbers, fax numbers, URLs, email addresses or other contact details on the browse, search or property pages. The owners', managers' or agents' contact details will be displayed to the relevant traveller/tourist once the traveller's/tourist's enquiry or booking request is dispatched to the owner, manager or agent. Vacancy4U Privacy Policy Vacancy4U stores the information you enter on Vacancy4U. The primary purpose for the collection of such information is the facilitation of communication between property owners and potential ‘renters’ or ‘travellers’ in order to facilitate ‘booking’ of properties listed on Vacancy4U. Information may also be used to assist Vacancy4U to manage and improve its services; communicate with you; and to provide you with services you may have requested. Vacancy4U endeavours to protect personal information from loss, misuse, unauthorised access, modification or disclosure by various means including, password access, firewalls, secure servers and encryption of any credit card transactions. However, Vacancy4U cannot warrant or guarantee that use of the site will be secure or uninterrupted. Disclosure While the primary purpose of Vacancy4U is to facilitate communication between the property owners/managers and travellers/tourists or those seeking rental accommodation, Vacancy4U has no intention of disclosing personal details to third parties for their personal, promotional or marketing use. Membership Agreement Information By completing the membership registration process, or by registering a property, or entering a booking enquiry or request, you expressly agree to be bound by the terms and conditions as set out within this document. If you object to any of these terms and conditions and any subsequent modifications to them, or become dissatisfied with your membership, or use of Vacancy4U, your only remedy is to immediately:| a) Terminate your membership of Vacancy4U, by emailing Vacancy4U customer support (support@vacancy4u.com.au) or contacting us by post (12 Manton Ave., Newington, NSW 2127, Australia), stating your identifying details along with a request to withdraw from membership of Vacancy4U. b) Discontinue your use of Vacancy4U. Advertising or Listing Your Property on Vacancy4U By listing your property on Vacancy4U you agree to be bound by the Vacancy4U Terms and Conditions. Travellers, Tourists and People Searching or Browsing for Properties By browsing, searching, registering, or submitting property enquiries or booking requests you agree to be bound by the Vacancy4U Terms and Conditions. Termination and Alterations to Vacancy4U Vacancy4U may at its discretion terminate your membership of, or access to, the Vacancy4U site and information at any time. In such event: a) You are no longer authorised to access the Vacancy4U site or network; b) You will continue to be bound by and subject to all of the restrictions and terms and conditions set out or inferred. Changes to and Updating of Vacancy4U Vacancy4U may, as it views fit, change, update or discontinue any or all features of Vacancy4U. In addition, Vacancy4U may at any time change, update or discontinue any or all terms and conditions of Vacancy4U and or its Privacy Policy. Updated versions of these documents will appear on Vacancy4U. It is the responsibility of the members, property owners, managers, travellers, tourists and any other user of Vacancy4U to ensure that they regularly review these documents, including any changes. Your use of Vacancy4U, whether continued use or as a new user after any changes to Vacancy4U will be deemed as your acceptance of those changes to Vacancy4U. How to contact Vacancy4U If you have any enquiries or wish to provide feedback about this policy, please email support@vacancy4u.com.au. Alternatively you can view our contact page. Limitation of Liability In using Vacancy4U you agree and understand that in no circumstances will Vacancy4U be liable to you for any direct, indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including but not limited to any act or omission by Vacancy4U, which result from: a) the use of or access to, or any inability to use or access the Vacancy4U website or network; b) unauthorised access to or alterations of your data or transmissions; c) statements or conduct by any user or third party on the Vacancy4U website or network. The maximum liability for Vacancy4U is limited to the total of any amounts you have paid to Vacancy4U in respect of services supplied to you by Vacancy4U. Software, products, information or services provided by Vacancy4U may include errors or inaccuracies as well as changes to information. Vacancy4U offers no warranty and makes no representations about the suitability of the software, products, information or services. Furthermore, Vacancy4U does not warrant that your access to Vacancy4U or any linked sites will be secure or uninterrupted. Vacancy4U will not be liable for any loss resulting from you relying on the security, uninterrupted supply of information or access to Vacancy4U or any linked web sites or email addresses. While the primary role of Vacancy4U is to facilitate communication between the property owners/managers and potential ‘renters’ in order to facilitate ‘booking’ of properties listed on Vacancy4U, Vacancy4U Pty Ltd takes no responsibility for any arrangement or transaction, financial or otherwise, countenanced or entered into between property owners or managers (or persons holding themselves out to be such) and potential ‘renters’ or persons (or persons holding themselves out to be such) enquiring about a property listed on Vacancy4U. In essence, Vacancy4U provides a facility that can be used by property owners and managers to advertise their properties so that potential ‘renters’ such as travellers and tourists can enter into a bilateral agreement with the owner/manager regarding the lease of the relevant property. Vacancy4U is not a party to any agreement between the owner/manager and the ‘renter’ and thus does not incur any responsibility or liability for any such agreement between those two parties. It is solely the responsibility of the relevant party, whether that party be a property owner/manager or a person seeking to rent accommodation, to carry out the enquiries necessary to satisfy themselves as to the validity, reliability, accuracy and currency of any information, before entering into any arrangement or transaction, financial or otherwise with another party. Initial enquires, bookings, deposits and any other transactions or arrangements, including booking confirmations and finalising of accounts are the responsibility of the users of the Vacancy4U sites. As such, Vacancy4U cannot be held accountable, responsible or liable for any problems that may arise, including but not limited to failure of a booking, double booking and/or failure to pay. Furthermore, Vacancy4U is not liable or responsible for any personal or property damage, or loss of income arising directly or indirectly from ‘browsing’, booking enquiries, confirmed bookings or the actions intended or otherwise arising from the interaction between ‘renters’ and property owners or the properties being rented. Property owners are advised to have appropriate insurance cover. Validity, Reliability, Accuracy and Currency of Information Validity, reliability, accuracy and currency of information are critical in any environment. Owners and Managers of properties listed on Vacancy4U For owners and managers the validity, reliability, accuracy, relevance and currency of the information you provide about your property will be reflected in the amount of business you transact and the ‘positive feedback’ that your guests generate for your property. Thus it is essential that you make every attempt to ensure that your property descriptions are accurate and that your calendar truly reflects the current state of your vacancies. It is essential for all parties to recognise that information including property and personal contact information provided on Vacancy4U is provided by outside parties and is included on the Vacancy4U website by our management in good faith. As such, Vacancy4U makes no warranty and offers no guarantee about the validity, accuracy, reliability or completeness of any information, whether it is written or graphic, included or displayed on Vacancy4U. However, Vacancy4U reserves the right to edit inappropriate or possibly offensive information. For Travellers, Tourists and people "browsing" or seeking to rent or lease accommodation through Vacancy4U The validity, reliability, accuracy, relevance and currency of the information provided by you when either searching for properties or when providing information in order to initiate a property enquiry or booking request may influence the success of your endeavours. Thus it is essential to ensure that the information provided is valid, reliable, accurate, relevant and current. However, it is essential for all parties to recognise that information, including property and personal information provided on Vacancy4U is provided by outside parties and is included on the Vacancy4U website by our management in good faith. As such, Vacancy4U makes no warranty and offers no guarantee about the validity, accuracy, reliability, completeness or currency of any information, whether it is written, illustrated or graphic, included or displayed on Vacancy4U. However, Vacancy4U reserves the right to edit inappropriate or possibly offensive information. Third Party Links Vacancy4U may contain links and hyperlinks to web sites operated by third parties. Such web sites are neither designed nor controlled by Vacancy4U and as such Vacancy 4U is not responsible for the content of such sites. The presence of such links and hyperlinks does not imply any endorsement of such websites or the contents of such web sites or the owners or operators of such websites. Communication of Information In accepting our terms and conditions you grant unlimited consent for Vacancy4U to email, SMS, phone or otherwise communicate the information you have provided to the owner/manager of a property or person enquiring about or seeking to initiate the process of making a booking of the property you own or manage. It is a condition of use of Vacancy4u websites that owners, managers or agents do not display phone numbers, fax numbers, URLs, email addresses or other contact details on the browse, search or property pages. The owners', managers' or agents' contact details will be displayed to the relevant traveller/tourist once the traveller’s/tourist’s enquiry or booking request is dispatched to the owner, manager or agent. Governing Laws The conditions, specific and additional terms which govern the membership, and use of Vacancy4U will be governed and construed in accordance with the laws of the state of New South Wales, Australia. You as renter, traveller, tourist, owner, manager, agent or any user of any Vacancy4U facility regardless of circumstances and location or situation of the relevant properties or parties, agree to submit to the jurisdiction of the courts of New South Wales, Australia. Public Forums Vacancy4U may offer guestbooks, chat rooms, forums, message boards, and/or email exchanges. Information provided within these facilities may be provided by outside parties and is included on the Vacancy4U website by our management in good faith. As such, Vacancy4U makes no warranty and offers no guarantee about the validity, accuracy, reliability or completeness of any information, whether it is written or graphic, included or displayed on Vacancy4U. The presence of such links and hyperlinks does not imply any endorsement of such websites or the contents of such web sites or the owners or operators of such websites. Our Privacy Policy does not cover this type of transfer of your personal information. Vacancy4U reserves the right to edit inappropriate or possibly offensive information. Copyright Material and software on this site is copyright protected. Other than for your own personal use, the site, material or software may not otherwise be used or copied without the prior written approval of Vacancy4U Pty Ltd or the body that listed that the relevant information on this site. Overview of copyright Copyright protects such things as literature, music, artistic works, dramatic works, films and videos, broadcasts, computer programs and sound recordings etc. Maps and plans are protected by copyright as they constitute an artistic work. For artistic works, some relevant exclusive rights of the copyright owner include:
Creators of works have legal rights which entitle them to take legal action if their work is not attributed (or falsely attributed) or if the work is treated in a derogatory way. The duration of copyright varies, but generally lasts from the time the material is created until 70 years after the year of the creator's death. Australia is signatory to a number of international copyright treaties. Most countries are members of one or more of these treaties. As a result, the protection of copyright in maps created in Australia is extended internationally. Generally artistic works including maps will be protected in other countries in accordance with their domestic law. It is therefore the legal responsibility of owners to ensure that they do not upload or reproduce copyright material such as artistic works including maps etc for which they have not gained the permission of the copyright owner. |
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