WA HOMESTAY TERMS AND CONDITIONS
(last revised 17 September 2018)
This website, and it’s associated business, is owned and operated by WA Homestay Pty Ltd (ACN ) (“WA Homestay”). Your access to and use of the website and its associated Services is governed by the following terms and conditions:
Application of these Terms and Conditions
1.2. You agree to be legally bound by these terms and conditions, as may be varied or updated, in accordance with clause 1.3 (together “this Agreement”). If you do not agree to this Agreement, or are unable to enter into a legally binding contract (for example, because you are a minor), you are not authorised to access or otherwise use the website or the Services.
1.3. From time to time, WA Homestay may vary this Agreement or any part thereof. Such variations may, for example, be made to keep them in line with updates to its business, to comply with legislative changes of for security or technical reasons. Your continued use of the website after such variations come into effect is deemed acceptance of the new terms and conditions. It is therefore imperative that you visit this page periodically to determine if there has been any change to these terms and conditions.
Definitions and Interpretation
2.1. For the purposes of this Agreement:“Booking” means a legally binding agreement formed between the Host and a Guest to rent Premises. Each Booking is subject to the terms and conditions the Host has set for the Premises concerned as indicated on the website or provided at the time the Booking is finalised.
“Guest” means a person (including a legal person) who has subscribed to this website for the purposes of viewing and/or booking accommodation.
“Host” means the person (including a legal person) who has subscribed to this website for the purpose of advertising Premises to Guests and (i) is the legal owner of the Premises OR (ii) is the managing agent of the person legally owning the Premises.
“Premises” means any accommodation listed on the website that is available for rent as short term accommodation (i.e. for lease for a period of ninety (90) days or less).
* Facilitating the Booking of Premises (with or without associated services), which includes the handling of payments for such Bookings and the handling of communication between Hosts and Guests;
* Providing information on short term accommodation, Premises and their Hosts; and
* Such other services as WA Homestay may notify you of, or provide through this website, from time to time.
“You” and “your”, individually and collectively, means the person using this website.
2.2. Unless specifically indicated, or the context clearly indicates application to one group alone, a reference to you in this document is a reference to you regardless of whether you are acting as a Guest or as a Host.
3.1. WA Homestay allows Guests to book short term accommodation from Hosts and in this capacity operates solely as a venue for Guests to interact with Hosts. In doing so, you accept and agree that WA Homestay is simply acting as (i) a conduit for correspondence between Hosts and Guests; and (ii) a provider of certain administrative services to Hosts.
3.2. WA Homestay may modify the Services, including no longer offering particular services or including new services, from time to time to stay up-to-date with best business practices and technology.
3.3. WA Homestay may provide the Services exclusively through the website, or through a combination of the website and other platforms (including offline platforms such as telephone, mail, etc.)
3.4. WA Homestay makes no warranties that the Services provided, are suitable for your intended purposes.
3.5. WA Homestay is not acting as a real estate broker or insurer in providing the Services.
3.6. You agree and accept that WA Homestay is also not an agent for any goods or services advertised on the website that are provided by third parties.
4.1. All correspondence facilitated by WA Homestay between you and a Host must be courteous and in no way to be considered blasphemous, defamatory, harassing or otherwise contrary to law (criminal or civil) or public morality.
4.2. Correspondence between you and a Host facilitated by way of the website or the Services may be made available for review by a limited number of WA Homestay customer service employees to facilitate enquiries by either you or the Host.
4.3. Correspondence facilitated by WA Homestay is not held by WA Homestay’s systems indefinitely and therefore may not be accessible after the correspondence has been delivered or actioned. It is therefore your responsibility to ensure that you have a printed copy of any correspondence that is important to you or a Booking (for example, booking confirmation messages or security deposit payment receipts).
4.4. WA Homestay is not responsible for, or otherwise involved in, correspondence between Hosts and Guests.
5.1. You are responsible for any Services booked through the website using your username and password and this includes payment for such Services.
5.2. You are responsible for all information posted on the website, or otherwise provided to WA Homestay, using your username and password.
5.3. You are also responsible for the confidentiality and security or your username and password. If you believe that your username and password has been compromised in any way,please contact us via the following e-mail address: firstname.lastname@example.org. However, you understand and accept that if your username and password are linked to a social media platform (e.g. Facebook™) for the purposes of authentication, WA Homestay may have no ability to assist you beyond suspending your account until the matter can be resolved by the linked social media platform.
5.4. You may not assign your account to any other party without the express written permission of an authorised officer of WA Homestay.
6.1. When a Host accepts your offer to rent certain Premises placed through the website, and the required non-refundable deposit is paid, a binding contract is formed between you and the Host of the Premises. No contract or other legally binding arrangement is formed between WA Homestay and you by placing a booking through this website.
6.2. You should not consider a booking confirmed until such time as you have received a confirmation message from WA Homestay. If you have not received a communication regarding your requested booking within two (2) working days of placing the booking through the website, you should contact us via email@example.com.
6.3. Accommodation rates as indicated on this site are inclusive of all relevant Host charges (including GST and high season, weekend and/or public holiday surcharges), but exclusive of any security deposit required by the Host and WA Homestay’s Booking Fee, and are made in Australian Dollars (AU$). If, following booking of accommodation and payment of the non-refundable deposit, you are asked by the Host to make an additional payment (other than a security deposit) in respect of the booked accommodation, please do not pay it and contact WA Homestay direct via our e-mail address firstname.lastname@example.org. Note also that this clause relates to the accommodation itself – if you engage the Host to provide additional services, for example, the supply of linen not ordered at the time of booking – then the Host is entitled to request additional payment in respect of such services and this is a matter solely between you and the Host.
6.4. You are responsible for ensuring that you meet any criteria set by the Host for rental of the Premises. Where you are booking on behalf of a group, you are also responsible for ensuring that all of your guests meet any applicable criteria set by the Host for rental of the Premises and that they are aware of same.
6.5. Speculative, false or fraudulent booking offers are prohibited.
6.6. Once a Booking has been placed, the Booking can only be cancelled or changed by you directly contacting the Host concerned. It is the sole responsibility of the Host to arrange any refunds due in respect of any cancelled Booking. WA Homestay does not offer refunds on any payments made through this website, except in relation to security deposits (see clause 10 below).
7.1. WA Homestay levies a booking fee on all Bookings made by Guests through the website. The booking fee is either:
(a) In the case of payments made through Australian-issued credit/debit cards, five percent (5%) of the total value of the Booking as made; OR
(b) In the case of payments made through international-issued credit/debit cards, six point five percent (6.5%) of the total value of the booking as made.
7.2. The booking fee payable under clause 7.1 will be processed as part of the non-refundable despot required to be paid at the time of finalising the Booking.
7.3. All payments due in respect of a Booking are to be made through this website in accordance with the payment schedule advised at the time of making the Booking. WA Homestay will endeavour to provide reminders to you regarding the deadline for making such payments, but accepts no responsibility for ensuring that you make payment by the specified deadline(s). You are required to diarise your own reminders regarding such deadlines.
7.4. You agree that all information supplied by you in using WA Homestay’s online payments platform is true and accurate and that you have the authority to make the payment.
7.5. You agree that you will only use WA Homestay’s online payments platform to make legitimate reservations for yourself or such other persons for whom you are legally authorised to act.
7.6. While WA Homestay has full faith and confidence in the secure payment platform it has engaged to handle payments, WA Homestay provide no warranties as to the strength or effectiveness of the secure payment gateway and is not responsible for any events arising from unauthorised access to your payment information provided by way of the secure payment gateway.
Cancellations and Modifications
8.1. A Booking may only be cancelled by you in accordance with the Host’s Cancellation Policy as advertised on the website or provided to you at the time of finalising the Booking.
8.2. A Booking can not be modified. If you wish to change a Booking, you will need to cancel the existing Booking and rebook the Premises according to your desired preferences. Note that in rebooking Premises, a Host may levy a modification charge or otherwise seek additional payment.
8.3. Your Booking will be automatically cancelled by the Host if a payment required to be made in accordance with the Booking has not been received by the due date. A Booking cancelled by the Host in such circumstances is entitled to retain any non-refundable deposit paid.
8.4. Both Hosts and Guests have the right to seek cancellation of a Booking in unforeseen circumstances or circumstances beyond their control. Where a Host or Guest seeks to cancel a Booking due to unforeseen circumstances or circumstances beyond their control, we request that the Host or Guest contact us at email@example.com so that we may assist in addressing any issues faced by the affected party (such as refunds and booking of alternate Premises).
8.5. WA Homestay cannot request the cancellation or modification of a Booking on your behalf.
9.1. You understand and agree that the Host may refuse to allow you access to the Premises if you are not able to produce relevant identification and/or confirmation of the Booking of the Premises.
9.2. You are responsible for leaving the Premises (including any property located at the Premises) in the condition it was in when you arrived. We therefore recommend inspecting the Premises on your arrival and immediately informing the Host of any damage to the Premises or any property located therefore. Evidence of the damage, preferably in the form of photographic evidence, should also be taken in case the Host cannot be contacted.
9.3. You are responsible for your own acts and omissions and the acts of omissions of your guests. In the context of this clause, “guests” means any person you invite to, or otherwise provide access to, the Premises, but excludes the Host or any party who has entered the premises on behalf of the Host (for example, a tradesperson performing maintenance on the property).
9.4. You are required to vacate the Premises by the specified checkout time or such other time as you may agree with the Host. Failure to vacate the Premises by the stated checkout time or agreed time may result in the Host being entitled to charge additional fees for your use of the Premises and/or any other inconvenience caused by your failure to vacate the Premises (such as urgent cleaning surcharges).
Refunds and Security Deposits
10.1. A Host may charge a security deposit in accepting a Booking. Any security deposit charged by a Host must be processed through our website and will be held by WA Homestay until at least two (2) business days after the end of your stay.
10.2. You agree and acknowledge that WA Homestay merely facilitates the payment and return of security deposits in accordance with the instructions of Hosts and the terms and conditions imposed upon them. Any dispute you may have regarding any portion of the security deposit retained by any Host is solely a matter between you and the Host (see our section on Complaints/Disputes below).
10.3. If we do not receive any instructions form the Host to withhold any amount from the security deposit provided within five (5) business days after the end of your stay, WA Homestay will action the return the full amount of the security deposit to you.
10.4. You accept and agree that the security deposit is intended to provide at least some reimbursement to the Host for certain costs that relate to your stay at the premises, including damage to the premises or any property as well as any additional charges incurred under clause 9.4. You also accept and agree that if the security deposit is not adequate to cover these costs, they may seek further reimbursement from you for the outstanding balance.
10.5. No interest is payable by WA Homestay on any refunds (including, but not limited to, refund of the security deposit). Refunds will be returned to you using the same payment method in which the original payment was made. In the case of credit cards, this means that refunds will also be made to the same card as used to make the original payment.
11.1. As a simple provider of a venue for Guests to interact with Hosts, WA Homestay is not responsible for any actions of its Hosts, including any representations made through the website regarding the quality of the accommodation they list or the facilitates available to you as part of the accommodation. This is because WA Homestay is not a party to the agreement formed between you and the Host and this remains the case even where WA Homestay facilitates the Booking or any payment as required by the Booking.
11.2. If the nature of a complaint or dispute relates to the booking service offered by way of this website, or any of the Services, then the complaint or dispute should be directed to WA Homestay via our e-mail: firstname.lastname@example.org. All other complaints or disputes should be directed to the Host of the Premises concerned.
11.3. If you believe that any complaint or dispute you have made to a Host has not been resolved in a timely or proper fashion, please contact us with details of the complaint and/or dispute to email@example.com and we will investigate the matter on your behalf. However, under no circumstances will WA Homestay be required to mediate the dispute.
12.1. To assist Guests who speak different languages, portions of the website may be translated, in whole or in part, into other languages. WA Homestay does not guarantee the accuracy or quality of such translations, which may be provided by automated systems such as Google Translate™. If you utilise the Google Translate™ functionality as part of the website, you agree that such use is also subject to Google Translate™’s Terms of Service.
12.2. Some areas of the website implement Google Maps™ mapping services, including Google Maps™ API(s). If you utilise the Google Maps™ functionality as part of the website, you agree that such use is also subject to Google Maps™ Terms of Service.
12.3. WA Homestay does not guarantee the accuracy, completeness or currency of any information provided on this website, some of which may have been provided by third parties. In the case of information (including images and text) relating to Premises, the Host is entirely responsible for its accuracy, currency and completeness. In the case of images, you accept that deviations from original photos can occur when scanning non-digital images and/or as a result of your individual screen settings.
12.4. WA Homestay makes no warranties that the information provided (which includes links to third parties), through the website, or the Services more generally, are suitable for your intended purposes.
12.5. For these reasons, you should consider the information on this website provided in relation to Premises on an “as is” basis and without warranty (express of implied).
12.6. If you feel that a Host has supplied false information in respect of themselves or Premises, you are invited to notify WA Homestay through the following e-mail address: firstname.lastname@example.org
Comments and Reviews
13.1. You agree not to make any comment (which includes a review), in a forum or other aspect of the website (including associated Facebook™ page and Twitter™ feeds), that breaches the relevant provisions of WA Homestay’s Content Guidelines [Link] or that may be considered vindictive, blasphemous, defamatory, harassing or otherwise contrary to law or public morality.
13.2. You must not post links or attach any file as part of a comment made on the website without the prior approval of WA Homestay. When such approval is provided, before linking to, or attaching, the approved file or website, as part of the comment you warrant to WA Homestay that you have verified its contents and that it is in no way blasphemous, pornographic, defamatory, harassing or otherwise contrary to law (criminal or civil) or public morality.
13.3. The requirement to obtain prior approval of WA Homestay under clause 13.2 in respect of photographic images provided by Guests does not apply where such photographic images are being uploaded to the Guest’s Photos section of the website.
13.4. You accept and understand that WA Homestay does not moderate any forum or other aspect of the website where comments or reviews may be posted. As such, WA Homestay cannot verify the accuracy or otherwise of any posted comment or review (whether made by a Guest or Host).
13.5. WA Homestay reserves the right to remove from the website any comment or review that it believes contravenes clause 13.1. This action may be taken without prejudice to any other rights or remedies that WA Homestay may have with regards to the posted comment or review.
13.6. Any opinions expressed in a comment or review are those of the poster and, unless expressly indicated to the contrary by WA Homestay, do not reflect the views of WA Homestay.
Events and Activities
14.1. From time to time, WA Homestay may provide details regarding certain events or activities in WA through its website, which may include dates and times of such events/activities. You accept and understand that this information is provided on a without warranty basis. You are encouraged at all times to make contact with the organisers of any event or activity directly, or through their official communications platforms (such as websites or Twitter™ feeds) to verify such details.
14.2. WA Homestay makes no representation or warranty that it has provide details of any or all events or activities in any region of WA, or of any or all events or activities that may be of interest to you.
Third Party Links and Services
15.1. The website may contain links to other websites or apps which are owned and operated by third parties and which are not maintained or controlled by WA Homestay or its related companies (“Third Party Sites/Websites”). These links are provided as a convenience to you and, except where expressly indicated to the contrary, WA Homestay does not recommend or imply any endorsement of: (a) the linked site or app;
(b) the goods and/or services available from any Third Party Sites/Websites; OR
(c) the operator of any Third Party Sites/Websites;
15.2. The material and subject matter of any Third Party Sites/websites is provided to you in accordance with the Terms and Conditions, if any, of the Host of the Third Party Sites/websites and not under these Terms and Conditions. Accordingly, your access of Third Party Sites/websites through this website is done so at your own risk.
Refusal of Access/Suspension of Account
16.1 WA Homestay may suspend, limit or terminate your account and/or access to the website, at its discretion, in the following circumstances:
(a) You breach this Agreement;
(b) WA Homestay reasonably believes the operation of the website may be jeopardised or there is real risk of loss or damage of any kind to WA Homestay, any Host or another person;
(c) WA Homestay is legally required to suspend, limit or terminate your access to the website or it becomes illegal to provide you with access to its website; OR
(d) There are other reasonable grounds for WA Homestay to do so.
16.2. You may request that WA Homestay suspend or limit your account at any time. When such a request is made, WA Homestay must suspend or limit your account until such time as you make a further written request to WA Homestay to terminate the suspension or limitation.
16.3. Where WA Homestay acts under clause 16.1 or clause 16.2, any Premises advertised by you through the website may be removed from the site until your account and/or your right to access the website is restored.
Your Warranties and Liabilities
17.1. You represent and warrant that the information and/or material you provide WA Homestay:
a) is information and/or material that you are authorised to provide;
b) where the material is in the form of a photographic image, that you have all necessary consents in respect of:
(i) all people shown in the photo; and/or
(ii) owners of any features items of other parties who may have rights in such items (e.g. copyright owners),
for their image and/or item to be used by WA Homestay on its website or other advertising material. Such consents may be general or specific to WA Homestay.
c) is not defamatory, abusive, harassing or offensive in relation to any product, service, person or corporation or adversely reflects on any product, service, person or corporation;
d) does not infringe the legal rights of any other person in any jurisdiction, including intellectual property rights, or the laws of any jurisdiction (both criminal and civil);
e) is not misleading or deceptive or likely to mislead or deceive in any way, including by omission of information;
f) will not give rise to any claim or liability against WA Homestay.
17.2. You represent and warrant that your use of the website (or any part thereof) and/or the Services shall:
a) be for lawful and ethical purposes only and will not be used in any manner that may be detrimental to any Host or WA Homestay;
b) be for your own use, or for your own use in conjunction with other persons.
c) not be for the purposes of Booking, or soliciting the Booking, of Premises other than Premises validly advertised through the website;
d) not be as part of another website or other application. For example, the website, or any part thereof, cannot be encapsulated within a frame provided by another website.
17.3. You represent and warrant that you will not engage in any conduct that would lead any person to believe that you, or any business or website associated with you, is sponsored by, affiliated with, or otherwise endorsed by WA Homestay. For the avoidance of doubt, the simple reference by n Host that they have Premises listed on WA Homestay’s website does not breach this clause.
WA Homestay’s Warranties and Liabilities
18.1. WA Homestay represents and warrants that:
a) it will take reasonable care in ensuring that all information provided by Hosts has been accurately captured and displayed via the website; and
b) It has received appropriate evidence and/or assurances from each Host that they:
1. own the listed Premises or, in the case of managing agents, are appropriately authorised by the owner of the Premises to offer it for rental as short term accommodation;
2. are in compliance with all local laws and regulations as may be imposed upon the premises to allow it to be let out as short term accommodation.
18.2. WA Homestay does not warrant or represent that:
a) it recommends, or endorses the practices of any Host;
b) the information provided to WA Homestay in respect of the Premises is accurately captured;
c) it has vetted the Premises in any manner, including as to its nature, condition or that it continues to exist.
d) information relating to the Host has been accurately captured.
e) any listed Premises is available for booking at any particular time;
f) its Services or access to its website will be continuous and uninterrupted;
g) the website will be secure and free from external intruders (hackers), viruses, trojans, infections, worm attacks, or any other form or unauthorised access by any person or program;
h) any correspondence facilitated by the website to you or the Host will not be unlawfully intercepted, read or misused by a third party OR
i) the website complies with the laws of any country other than Australia or any Australian state other than Western Australia.
You agree to indemnify and hold WA Homestay, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with: a) your breach of this Agreement; and b) any wilful, unlawful or negligent act or omission by you;
Limitation of Liability
To the maximum extent permitted by law, WA Homestay excludes all liability (including for negligence) to you or anyone else in respect of whom loss or damage (including special, or consequential loss or damage which shall include loss of revenue, site unavailability or unavailability of other computer systems or loss of data) arising from or in connection with any use of this website or the information contained therein. For the avoidance of doubt, this also excludes, wherever and to the maximum extent possible, any warranties implied by statute or otherwise that relate to the website or your use of the website. If liability cannot be excluded, WA Homestay limits its liability to you to (at WA Homestay’s option) the re-supply of the Services affected by its breach or negligence, or the cost of re-supply.
Maintenance of the website
21.1. WA Homestay will take down its website from time to time to perform maintenance (including urgent, scheduled and unscheduled maintenance) or implement upgrades. Where the site is to be taken down for such purposes, WA Homestay will endeavour to schedule the maintenance for times that will have minimal interruption to most Guests and Hosts.
21.2. WA Homestay assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction or other problem relating or resulting from the website being offline or otherwise unavailable.
22.1. By uploading any material to the website you are granting WA Homestay a non-exclusive licence to reproduce, use and exploit the intellectual property in such material as part of the website or as part of a separate publication advertising and/or promoting the website or the Services and warranting to WA Homestay that you have the right to grant such a license.
22.2. Except as (i) permitted under the Copyright Act 1968 (Cth); (ii) as permitted in writing by an authorised officer of WA Homestay; or (iii) as indicated in clause 22.3, no part of this website may be reproduced or re-used in any form, including electronic, or for any purpose whatsoever.
22.3. WA Homestay may provide mechanisms for printing and/or downloading information from the website for the purposes of evidencing communication between you and a Host or as evidence of a booking. The provision of such mechanisms is deemed to be a written permission by an authorised officer of WA Homestay to print and/or download such information.
22.4. All trade marks are the property of their respective owners. The “WA HOMESTAY” word and device trade marks are the property of WA Homestay. Any reproduction or use of these trade marks by you must be with the permission of WA Homestay. The use and reproduction of any other trade mark displayed on this website must be with the permission of the respective owner.
22.5. You are not permitted to employ any agent, program or other means to data mine or conduct a search (automated or manual) of the website or the information provided through it.
22.6. If you believe that WA Homestay is breaching your intellectual property rights in any manner, please send a notice setting out the details of your rights and how WA Homestay is breaching those rights to email@example.com. WA Homestay will then take appropriate action to correct any valid claim of infringement.
“Safe Harbour Scheme” Protection
WA Homestay claims protection under Division 2AA of Part V of the Copyright Act 1968 (Cth) and Part 3A of the Copyright Regulations (Cth) which limit the remedies that can be imposed on carriage service providers for infringements of copyright involved in specific online activities. This is commonly referred to as the “Safe Harbour Scheme”. Under the provisions of the Safe Harbour Scheme, WA Homestay has appointed our Managing Director (firstname.lastname@example.org) as authorised to receive notifications and notices issued under the Scheme in relation to such activities as WA Homestay carries out as a carriage service provider.
Duration and Termination
24.1. These terms and conditions are effective for a thirty (30) day period commencing from your first date of use of the website. At the end of this period the terms and conditions will automatically and continuously renew for subsequent thirty (30) day periods until such time as you or WA Homestay terminates this relationship by way of written notice. Written notice for this clause includes electronic mail.
24.2. Clauses 3.1, 3.5, 2.6, 4.4, 5, 6.1, 6.4, 6.6, 7.2, 7.3, 7.4, 9.3, 10.4, 11 through 15, 22 and 23 survive termination of this Agreement.
If any of these terms or conditions are invalid, illegal or unenforceable, those terms or conditions will be struck out while other provisions which are self-sustaining and capable of separate enforcement to the invalid provision(s), are and continue to be valid and enforceable in accordance with their terms.
WA Homestay reserves the right to transfer or subcontract any or all of its rights and obligations it may have to you regarding your use of the website or the Services to a third party.
(a) You agree that your compliance with these terms does not constitute any partnership or other commercial arrangement between you and WA Homestay.
(b) You accept and agree that WA Homestay does not act as agent for any Host or Third Party offering goods and/or services advertised through the website.
The failure, or delay on the part of WA Homestay in exercising its power or right in relation to your breach of these terms or conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of any power or right.
These terms and conditions are governed by the laws of the state of Western Australia and, where applicable, the Commonwealth of Australia. You agree to submit to, and not challenge, the exclusive jurisdiction of the courts of the state of Western Australia, excluding its conflict of laws provisions.