"Business Day" means a day on which banks are open for general business in Melbourne, Australia, other than a Saturday, Sunday or public holiday.
"GST" has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999.
"Guest" means a person who is not a Member but who is visiting the Site.
"Home Exchange" means an agreement where one Member agrees to allow another Member to stay in the first Member's accommodation and in return the second Member agrees to allow the first Member to live in the second Member's accommodation.
"Member" means a person who has paid the prescribed subscription fee to become a member of the Site for the period in question.
"Site" means each home exchange website operated by us including without limitation YourHomeForMine.com, ChristianHomeSwap, and HouseSwapHolidays.com.au.
"Third Party" means persons other than yourself and us.
"User" means a person who participates on the Site, whether as a Member or as a Guest.
"We and us" means Itchyfoot Pty Ltd ACN 13 154 572 577, the owner of the Site.
"Your Information" means any information you provide to us or other Users, whether in the registration or listing process or otherwise, including without limitation such information provided in any public message area or through any email feature connected with the Site. Your Information includes (without limitation) the description of your accommodation listed for exchange on the Site as well as any content you post on other web pages within the Site.
2.Rules Applicable to All Users of the Site
The following rules apply to Members, Guests and other users of the Site.
Manipulation: You must not manipulate or interfere with Member's listings.
Access and Interference: You must not use any automatic device, or manual process to monitor or copy the whole or any part of the site without our prior express written permission. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You must not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site owned by a Third Party without the prior express written permission or the Third Party.
Legal Compliance: You must comply with all applicable domestic laws (including common law), international laws, statutes, ordinances and regulations regarding your use of our service and your listing and any Home Exchange on the Site. Without limitation, you must ensure that your activities, items you list, and Your Information do not violate the Broadcasting Services Act 1992 (Commonwealth), the Trade Practices Act 1974 (Commonwealth) or other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au. Notwithstanding the successful conclusion of a Home Exchange on the Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. You alone, and not us, are responsible for ensuring that your activities are lawful.
Code of Conduct: You agree to behave in an ethical and polite manner at all times.
Disruption of Website Functionality: You must not attempt to disrupt the functionality of the Site.
Unlawful Access to Website: You must not attempt to gain unlawful access to the data stored on the Site in any way.
Purpose for Use of Website: You must not use the Site to promote a business, service or product (other than a Home Exchange). You agree to use the Site for the purposes of seeking and entering into a Home Exchange and for no other purpose whatsoever.
Spam: You must not send or facilitate the sending of spam to any of our Members or Guests or send spam via or in association with the Site. "Spam" is email that has been sent without the permission of the person who receives it, that relates to the buying, selling or trading of goods or services (other than a Home Exchange). If you receive any spam or see any spam on the public forums on the Site, please notify our Customer Care team at [email protected].
Membership Eligibility: Our services are available only to, and may only be used by, Members who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. By applying to join as a Member you are indicating to us that you are 18 years of age or older. Our services are not available to temporarily or indefinitely suspended Members. If you do not qualify, please do not use our services.
Fees: To become a Member, individuals must fill out the Registration Form and pay a subscription fee in the amount prescribed from time to time, being for a one-year membership. Unless otherwise specified by us, the prescribed annual subscription fees is exclusive of GST and applicants must also pay an amount equal to GST and any other taxes or duties payable when paying the subscription fee. Payments must be made via the secure payment facility on the Site.
Membership Non-Transferable: Membership is not transferable.
Membership Renewal: We will not automatically renew a Member's membership. To renew your membership, you must pay the relevant subscription fee by logging into the 'My Details' section and selecting 'pay now'.
We are unable to verify or authenticate any information you provide to us, or
We believe that your actions may cause legal liability for you, other Users or us.
4.Rules Applicable to Members
The following terms apply to Members only.
Code of Conduct: All Members are to behave in an ethical and polite manner at all times. Members are not to use abusive, offensive or defamatory material either on, via or in connection with the Site, whether on a listing, on an email or otherwise.
Security: It is your responsibility to ensure that your user name and password are secure. You agree not to allow any other person to use your user name or password and you also agree not to disclose your user name or password to anybody.
Offers: If you offer accommodation for exchange, you are certifying that you own or rent the accommodation you have listed on the Site, that you have the legal right to enter into and complete the proposed Home Exchange, that you are aged 18 years or over and if you rent the accommodation that you have obtained the landlord's written consent to the proposed Home Exchange.
Exchanges: If you agree to a Home Exchange, you are obligated to complete the transaction unless the transaction is prohibited by law.
Your Information: You warrant that Your Information is accurate and correct. If any of Your Information is inaccurate you are solely responsible. You must ensure that all of Your Information is up-to-date. You are solely responsible for Your Information. Your Information must not:
Be false, inaccurate or misleading.
Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, ant-discrimination or trade practices/fair trading laws).
Be defamatory, libellous, unlawfully threatening or unlawfully harassing.
Be obscene or contain child pornography or, be otherwise adult in nature or harmful to or illegal for access by persons under the age of 18 years.
Contain any content that may be considered to be prohibited content for the purposes of the Broadcasting Services Act 1992 (Commonwealth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au).
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers, or
Link directly or indirectly to websites that you do not have a right to link to or that it would be unlawful for you to link to.
ID: You agree not to register for membership under any other name but your own name.
License: Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Without limiting the foregoing, we may in our descretion and without further cost to you, republish Your Information on other websites operated by us, and other Pack Your Pags Pty Ltd publications and media prepared by us. You warrant that we are entitled to publish Your Information any where without limiting the forgoing. For example, we may run a special feature on your listed home on the Site and/or in flyers and other publication and media.
Feedback Rules: If you leave feedback for another Member, you must ensure that the material you publish is free from any offensive language or content. Abusive or defamatory feedback will not be tolerated under any circumstances.
5.Limitation of Liability
Except where otherwise stated, the following terms apply to all Users.
Mere Facilitator: The Site acts as a venue to allow Members to offer Home Exchanges to other Members. We are not involved in the actual transaction between Members. As a result, we have no control over the quality, safety or legality of the offers or content posted or provided on, via or in connection with the Site, the truth or accuracy or the listings or the ability of Members to offer or enter into Home Exchanges. We cannot ensure and do not represent that a Member will actually complete an agreed Home Exchange or act lawfully or reasonably in using the Site.
Home Exchange Responsibility: As a Member you agree that you are responsible for any Home Exchanges you organise with any other party via the Site. You agree that you will not hold us liable in the event that problems arise in connection with any Home Exchange you enter into. It is your responsibility to ensure that the Home Exchange goes successfully. We disclaim all liability in connection with Home Exchanges and information provided on, via or in connection with the Site or an actual or proposed Home Exchange. Under no circumstances are we responsible for any loss or damages incurred in connection with a Home Exchange. Home Exchanges are strictly a matter between Members participating in the exchange.
Release: If you (or any of your associates or related parties) have a dispute with one or more Members or Guests, you (and your associates and related parties) release us (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from all claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, foreseen or unforeseen, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Without limiting the foregoing, we accept no responsibility for loss of or damage to property (including accommodation) arising in connection with a Home Exchange.
Information Control: We do not control, endorse or approve the items, information or content provided by other Users made available on, via or in connection with the Site. You may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there may be a risk of dealing with underage persons or people acting under false pretence. We are not responsible for any material posted on the Site by Members or Third Parties. We simply facilitate Home Exchange communication through the publication of listings which are written by Members. We recommend that you verify the accuracy of information provided on, via or in connection with the Site by making independent enquiries, including contacting the Member and any referees they have nominated.
No Warranty: We provide the Site and services on an "as is" basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside our control.
Member or Guest General Dissatisfaction: At no time will we be liable in the event that a Member is unhappy or dissatisfied with a Home Exchange for any reason, or if a Member does not find a suitable Home Exchange.
User ID: Because user authentication on the Internet is difficult, we cannot and do not confirm the purported identity of any Member, website linked to the Site or other Users.
Your Guests: If you propose that other people stay with you in another Member's accommodation, you take full responsibility for all such other persons.
The following terms apply to all Users.
Collection/Storage of Information: We strive to collect personal information in a fair and lawful manner. Where reasonable and practicable, we will collect personal information directly from the person and inform the person that this is being done. We collect personal information in a variety of ways in the course of conducting our business, including:
Providing services to our Members.
Interacting with people through our website.
Responding to inquiries.
From resellers and affiliates.
From third party suppliers or public sources.
Where legally required to do so.
In addition, personal information may be stored on a website of another organisation hosted on our server. This information will not be used or released by us unless we are required to release it by law. If you collect personal information which is stored on our server as part of our service to you, then you are solely responsible, in respect of that information, for compliance with the Privacy Act 1988.
Collection of Non Personal Information: We monitor our website for statistical purposes to identify the number of visitors to our site and the pages they visit. The only information gathered in this process is an IP address and is used for internal statistical purposes and to improve the Site and the service we provide to Members.
Use of Personal Information: The use to which we can put personal information depends on the reason for which it was collected. We may use personal information for the primary purpose of its collection or for any related secondary purpose that we could reasonably be expected to use the personal information for.
From time to time, we may use your personal information for in order to send you promotions, information relating to the Home Exchange industry and other marketing material which we believe may be of interest to you. However, at any time a person may request us not to use their personal information for sending promotional or marketing material to them. Such a request can be made by contacting us by email at the following e-mail address [email protected]
Disclosure of Personal Information: We take reasonable steps to ensure that your personal information is kept strictly confidential. We do not sell, rent or lease your personal information to third parties. We will supply your personal details to a third party partner where it is a necessary process for operating the Site. Where necessary, we may disclose to, and collect personal details from, credit or fraud agencies, or debt recovery agencies for verification purposes, or for debt reporting or collection purposes. We may also disclose personal information about you, without notice or your consent, if:-
We are required to do so by law (which may include providing your personal information to law enforcement agencies in the event of any unlawful activity or an investigation into such activity or suspected activity).
If it is necessary to protect or enforce our legal rights or interests to defend any claims.
If it is necessary to prevent or lessen a serious threat to a persons' health or safety.
If we sell our business or part of it.
Information Security: We take reasonable steps to ensure that all personal information held by us is secure from any unauthorised access or disclosure. However, we do not guarantee that personal information cannot be accessed by an unauthorised person (e.g. a hacker) or that unauthorised disclosures will not occur.
Correcting Personal Information: We take reasonable steps to ensure the accuracy and completeness of the personal information we hold. However we rely on you to advise us in writing of any changes to your details.
Accessing Personal Information: You can request access to personal information about you held by us. This request must be made in by e-mail to [email protected]. We may charge a fee for reasonable costs incurred in responding to this request which we will disclose to you prior to it being charged.
Removing Personal Information: You may request in writing the removal of certain personal information from our records. We will comply with this request unless the information is necessary for tax purposes or used to identify you for contractual purposes.
Connection logs: W capture and record all connection logs, including IP address, when you connect to our remote access servers. This information is used for the technical provision of our service, billing, fraud prevention and credit control and may be disclosed to authorized agencies or as permitted by the Privacy Act 1988.
If you have any queries in relation to your personal information and privacy, please contact [email protected]
The following terms apply to all Users.
Notices: Except as explicitly stated otherwise, any notices shall be delivered to the email address you provide to us during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to us during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission).
Confidentiality: You agree to retain the confidentiality of all confidential information provided to you by another Member.