TERMS AND CONDITIONS
Defined Terms
House Sitting Tasmania (“we”, “us” or “our”)
Member or website user (“home owner”, “house sitter”, “user”, “you” or “your”)
www.housesittingtasmania.com.au (“the Site”)
Privacy Policy means the privacy policy available and published on the Site.
Application of Terms and Conditions
The Site is owned and operated by House Sitting Tasmania.
These terms and conditions together with the Privacy Policy govern the relationship between House Sitting Tasmania and any individual using or accessing the Site and any of the content or services available through it as a home owner, house sitter or potential home owner or house sitter.
The terms and conditions constitute a legally binding agreement between House Sitting Tasmania and you. By using or accessing the Site you acknowledge that you agree to and are subject to these terms and conditions as well as our Privacy Policy. If you do not fully agree to these terms and conditions, you are not authorised to access or use the Site.
House Sitting Tasmania does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts and are over the age of 18.
House Sitting Tasmania may revise these terms and conditions at any time by posting an updated version to the Site.
What We Do
The Site is a place where members can view advertising of, and obtain information about, properties offered for house sitting services by property owners, lessees or managers. We are not an agent for home owners or property managers that advertise properties on the Site, nor are we an agent for any third party suppliers of other goods or services that are advertised on the Site.
The Site and our services available on the Site are a facilitation service only. The Site acts only as a venue for users to interact, and we are not, and do not become, party to any contractual relationship between members and do not mediate between members in the event of any dispute arising between them. This is true even if the Site facilitates booking of or payment for a house sitting property or the use of other tools, services or products, as we are not a party to any rental or other agreement between members or users of the Site.
Except to the extent that we review member profiles upon joining to ensure they are complete and include relevant information, we do not endorse or approve in any way any house sitter or home owner who has listed on or otherwise used the Site.
How it Works
If you wish to advertise on the Site as a house sitter or home owner you acknowledge that a membership fee is payable and can be purchased for a period of 3, 6 or 12 months.
The membership fee is non-refundable once payment has been paid even where you have simply changed your mind, you did not find a house sitting assignment, the home owner did not contact you, the home owner removed the advertisement, the house sitter did not contact you or for any other reason.
Home owners and property managers are entirely responsible for all of the information, including images, text and other content, relating to the properties they offer and for updating them and ensuring (where relevant) that they are correctly translated. Please be advised that we do not allow or permit direct contact details to be shown on profiles or listings.
If a member finds a house sitter or property they are interested in, the member can request communication with the other member. The recipient member may then communicate with the member in connection with the enquiry and an agreement may be reached regarding a house sit of the home owner’s property.
House Sitting Tasmania has no responsibility for, or involvement in, the communications between the home owner and member.
We reserve the right to terminate the membership of any member that breaches any of these terms and conditions. In the event a membership is terminated you will not receive any refund. The decision to terminate a membership is entirely at our discretion.
Agreement Between Us and You
Because we are not a party to any agreement between users, in the event you have a dispute with a house sitter or home owner or other use of the Site, you release us, our officers, directors, employees, agents and partners from any claims, demands and damages of every kind and nature, arising out of or in any way connected with such disputes.
We agree to use reasonable efforts to ensure that the photos of any properties appearing on the Site are an accurate representation as far as practicable. However, you acknowledge that deviations from original photos can occur and we are in no way liable or accountable for photos that are found to not accurately reflect the property which they advertise. Further, you also acknowledge that home owners – and not us – are responsible for the accuracy with which the photos depict the relevant Property.
We may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on the usage of the Site. We will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most member’s usage is least affected.
Email may be used by the home owner and house sitter for making contact with one another. You acknowledge that unauthorised third parties may misuse and unlawfully intercept or read messages. House Sitting Tasmania is not liable for any such misuse.
You acknowledge that we are not responsible for checking the identity, or for the behaviour, of home owners or house sitters or for establishing the nature, condition or existence of a property.
Our Interaction Rules
You must provide only accurate and truthful information concerning your identity in any communications on the Site, including reviews of any properties.
Emails sent via the Site should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited electronic communications of any kind. It is prohibited to misuse our systems and our Site, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
Members may share testimonials of overall experience. Please note that House Sitting Tasmania does not, and realistically does not have the ability to, verify the accuracy or responses.
House Sitting Tasmania nevertheless requires all testimonials, home owner responses and other communications using House Sitting Tasmania’s systems to conform to these terms and conditions and may decline to post any that House Sitting Tasmania finds do not comply.
In the event that any testimonial appears on the site but fails to conform to these terms and conditions, then without prejudice to any other available remedies, House Sitting Tasmania is entitled immediately to remove from the site the relevant non-conforming member.
House Sitting Tasmania does not conduct identity checks and cannot verify the identity of any member of the Site.
House Sitting Tasmania complies with its Privacy Policy. Each member consents to the use of his or her data as outlined in the Privacy Policy.
Our Site Rules
You must not directly or indirectly:
a) Use the site or House Sitting Tasmania’s platform or systems for purposes other than those referred to in these terms and conditions;
b) Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the Site;
c) Upload or send to the Site or our platform or systems any contents or programs, which on account of their size or nature, might damage our computers or networks;
d) Include content on the Site or our platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
e) Use or access the Site or our platform or systems in any way that might endanger any computer system or network, including by making available any virus;
f) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability; or
g) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
Our Disclaimer and Liability
You acknowledge and agree that:
a) Your use of the Site is at your own risk.
b) The Site, and its content, are delivered on an “as is” and “as available basis” without any warranties of any kind.
c) We do not 'screen' or vet anyone who lists any content on the Site.
d) All users listed on the Site are independent of and not in any way to be considered employees or agents of the House Sitting Tasmania. Our role is to facilitate the development of and provide support for a house sitting community which connects home owners and house sitters in Tasmania.
e) We make no express or implied representations or warranties as to the accuracy, reliability or completeness of any content posted or transmitted on the Site or otherwise transmitted to any user of the Site by any other means, by any person. House Sitting Tasmania is not liable in respect of the performance of this Site or the information, content or profiles of home owners or house sitters posted on this Site, including but not limited to any inaccuracies or omissions. You are responsible to check all claims and information provided by the users that you contact.
f) We do not accept any responsibility for and makes no endorsement, warranty or representation as to the qualifications or credentials of any person listed with our service.
g) To the full extent permitted by law, House Sitting Tasmania, its servants and agents will not be responsible for any loss or damage of any kind whatsoever arising out of or in connection with House Sitting Tasmania’s provision of service or the Site (unless caused by the wilful or negligent act or omission of House Sitting Tasmania, its servants or agents). Without limiting the foregoing, House Sitting Tasmania is not liable for any loss, damage, costs or expense of any kind (including indirect or consequential loss or damage) arising from:
- the use of or inability to use the Site;
- your reliance upon the Site;
- the content of the Site, including without limitation any damages related to the truth, accuracy or completeness of any information posted about a house sitter or house owner advertised on this Site;
- damage to property resulting from a house sitting assignment; or
- damage caused to your computer, software and data thereon, service interruptions or procurement of substitute services.
The Indemnity
You agree to indemnify and hold House Sitting Tasmania indemnified against any claims by third parties brought against House Sitting Tasmania arising out of or in connection with:
a) these terms and conditions (except as and to the extent prohibited by law);
b) your use or misuse of this Site or your breach of these terms and conditions;
c) any dispute between users of the Site;
d) any claims relate to infringement by you of the intellectual property rights of any person including House Sitting Tasmania;
e) your breach of any applicable laws, rules or regulations;
f) any material or content you provide to the Site;
g) your use of any content on the Site; or
h) any breach by you of these terms and conditions.
Intellectual Property
To the fullest extent provided under Australian copyright law, House Sitting Tasmania owns and retains all intellectual property rights in and relating to the Site including all copyright in the text, images, graphics, user interface, and other content provided on this Site and the selection and organisation of such content.
By using this Site, you warrant that any content that you post or transmit on the Site, or otherwise transmit to any other member of the Site by any other means, will not infringe the intellectual property rights of any third party.
No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on this Site, or otherwise transmitted to any user of the Site, other than their own content, without the express written permission of the relevant owner.
Our Right to Delete
Members are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including testimonials and communications with other members, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright or data protection law. House Sitting Tasmania may monitor any data on the Site and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, House Sitting Tasmania is entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related member account.
Miscellaneous
These terms and conditions, and the relationship between the member and House Sitting Tasmania, are governed by and construed in accordance with the laws in force in Tasmania, and you submit to the non-exclusive jurisdiction of the courts in that State.
These terms and conditions and the Privacy Policy contain the entire agreement between House Sitting Tasmania and the member relating to their subject matter.
House Sitting Tasmania recommends that you save your own copy of these terms and conditions in a separate file on your device or in print-out form.
House Sitting Tasmania’s failure to act with respect to a breach of these terms and conditions by a member or others does not waive House Sitting Tasmania’s right to act with respect to subsequent or similar breaches.
The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these terms and conditions.
The invalidity of one or more provisions of these terms and conditions do not affect the validity of the other provisions.
Please note: Membership not refundable or transferable to another person
