Terms and Conditions - Owners

Services and limitations

We offer a low cost, internet-based accommodation advertising service with comprehensive, online booking management facilities to owners and managers of self-contained, short-stay accommodation in Australia.

We encourage owners and managers of holiday homes, holiday apartments, farmhouses, guesthouses and other self-contained accommodation that can be let for short-stay accommodation to list their properties on our sites.

While we will consider each case on its merits, we will generally not accept listings of hotels, motels, bed and breakfasts or similar hosted accommodation.

Owners of properties listed on our sites pay us either, a pay by results fee of $11 for each night of a stay that originated from an enquiry and/or booking request on our sites or an agreed pay up front fee for date to date listings of properties on our sites.

Unless and until a pay up front arrangement is agreed between an owner and us, all listings shall operate on a pay by results basis.

We reserve the right to make alterations to our fees at any time and we will advise owners of any alterations by publication of the altered fees on our sites and by email or post, at our discretion.

We do not promise that your access to our sites will be secure or uninterrupted and we will not be liable for any claim arising from you relying on the security or uninterrupted supply of material on or access to our sites.

Claims and waiver

In return for access to and use of our sites, you agree not to make any claim against us.

You acknowledge that we will not accept any claim arising from you relying on any material contained in, or omitted from our sites, whether due to our negligence, or the negligence or dishonesty of others.

You acknowledge that, while we may provide the initial means of contact between you and tenants or prospective tenants, we are not party to and take no responsibility for any contract/transaction between you and a tenant.

You acknowledge that we have no involvement in determining the tariff, suitability or safety of properties listed on our sites.

You promise that the property is clean and is 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 tenants, their guests and/or your neighbours.

Authorisation to list a property

You promise that you are the person, or representative of the entity, that is the registered proprietor, agent, manager or administrator of the property that you are seeking to list on our sites and that the owner of the property has authorised the listing of the property.

Invoicing and payment

You agree that in return for listing your property and utilising the services on our sites you will pay us the amounts specified in our invoice(s) to you within 30 days of the invoice(s) being forwarded to you.

You acknowledge that if you do not pay us the amounts specified in our invoice(s) your material may be removed from publication and we may, at our discretion, commence proceedings against you to recover any money you owe us.

Your material

You agree to ensure that the material uploaded to our site by you or someone acting on your behalf is the truth.

You acknowledge that we reserve the right to edit and/or condense material in any way we see fit and that we reserve the right to refuse to accept and/or remove any material, at our discretion.

Tenancy management

You agree that you will rely on your own enquiries and satisfy yourself as to the accuracy of the material sent to you by our site or appearing on our site, including your records and bookings kept on our site.

You agree to make no claim against us for: against us for:

· the conduct or behaviour of tenants;

· failed bookings;

· the non-payment of a tariff;

· the state in which the property is left;

· damage to your property or neighbouring properties or

· the loss of any data or records stored by us.

Acceptable use

You promise 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. 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 that you will not:

· do anything to damage or block our sites or prevent them from functioning; or prevent them from functioning;

· include false or misleading material on our sites;;

· knowingly 'infect" or allow the infection of any of our sites with any form of virus, worm or tracker; with any form of virus, worm or tracker;

· upload or provide links to any pornographic or defamatory material.

You agree to indemnify us for any claim, direct or indirect, on a complete indemnity basis, including our legal costs, whether contributed to by our own negligence or otherwise that arises from any:

· breach of copyright or intellectual property rights on material uploaded to our sites by you or someone acting on your behalf;

· deliberate misuse of our sites by you or someone acting on your behalf;

· any use of our site by you or someone acting on your behalf;

· reckless indifference to damage of our sites or reputation by you or someone acting on your behalf or

· breach of any of these terms and conditions by you or someone acting on your behalf.

Links

You acknowledge that the links on our sites to other sites operated by other parties are not under our control and that following a link to other sites is done at your own risk. to other sites operated by other parties are not under our control and that following a link to other sites is done at your own risk.

You acknowledge that any advertising appearing on sites operated by other parties is not endorsed by us, unless cited specifically by us. operated by other parties is not endorsed by us, unless cited specifically by us.

Copyright

You acknowledge that copyright is claimed by us, to the extent we are able to claim it, for all material on our sites and that, other than using it for your own personal use, material on our sites may not otherwise be used or copied without our prior written approval or the prior written approval of the person or entity owning it and that, if we request it, you will provide us with a copy of the written approval.

You acknowledge that by placing material on our sites you grant us a license allowing us to use that material, including altering it in any way, as we see fit in any media, anywhere in the world, for the promotion of or provision of information about our sites or business or software, and you will not make a claim against us for breach of copyright or intellectual property in that material.

Personal Information and Privacy

You acknowledge that by submitting your material on our sites you give us permission to email the personal information of the contact person for the property to tenants or prospective tenants who make enquiries about and/or book your property on our sites.

You agree that your personal information may also be used, by us, to promote or inform you about our other products or services.

You acknowledge that you may notify us at any time that you no longer wish to receive marketing or promotional material by emailing us at remove@holidayhomesonline.com.au and you will be removed from any e-mail lists.

Governing Laws

The laws of the state of Victoria, Australia, govern these terms and conditions and regardless of the situation of the property, or where you are located, you agree to submit to the jurisdiction of the courts of Victoria.

Definitions

Claim: means a demand for payment, or rectification, or publication whether by litigation or otherwise and includes the cost of the loss or damage and legal costs

Material: means text, graphics, photos, other media and/or any other information on our sites

Negligence: wherever used, means and includes our negligence as well as the deliberate or negligent acts of others as well as the deliberate or negligent acts of others

Owner(s): means the person(s) or entity that owns or represents themselves to us as the registered proprietor, agent, manager or administrator of a property listed on our sites

Promise: means a guarantee, warranty or representation

Sites: means all websites, Internet access portals, URL's capable of being accessed by a browser, including WAP and other formats operated and maintained by us

Stay: means a period that a property is the subject of rental/occupancy by a tenant

Tenant(s): means a person(s) enquiring about, booking and/or staying at properties referred to in material on our sites

Truth: means reliability, accuracy or completeness

Us, we, our: means the Reed HHP Trust - ABN 62 763 265 253, its administrators, beneficiaries and employees