These Terms of Service are effective as of 20th February 2021.PLEASE READ THESE TERMS OF SERVICE CAREFULLY.These Terms of SERVICE cover important information about the Platform and any applicable fees. In particular, they include information about future changes to the Terms of SERVICE and Platform (refer to Clause 9), the purchase and renewal of subscriptions to the Platform (refer to Clause 2) and limitations of liability (refer to Clause 7.1). The following additional terms may also apply to you:
Welcome to our Platform!
These terms of service and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms of Service"
) apply to your use of (and subscription to) our marketing and promotional services, which are part of the Holiday House Deals digital platform (the "Platform"
These Terms of Service are entered into by and between you as a client (referred to as "Client"
) and Holiday House Deals Pty Ltd
(ABN 49 169 713 259) and its affiliates (referred to as “Holiday House Deals”
), and supersede and replace any terms and conditions of marketing and promotional services that you may have previously agreed to on the Platform.Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Service. The marketing and promotional offerings of the Platform to you is conditional on your acceptance of these Terms of Service.
If you do not agree to these Terms of Service, you are not permitted to access, use or promote on the Platform.
By accessing or using the Platform, you confirm that you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.
1.2 Suspension and Termination
We have the right to suspend access to and promotion on our Platform, or to terminate you as a User and or a Client, at any time and for any reason (including where you are in breach of any of the provisions in this Terms of Service), subject to Applicable Laws. You acknowledge and agree that these Terms of Service continue to apply even after your subscription expires or is terminated, or where you have stopped using the Platform.2.0 SUBSCRIPTION SERVICE
You can choose to subscribe to the services on the Platform either on an annual or quarterly basis, or for such other periods that we may offer from time to time, and the applicable fees are set forth on our subscription webpage: ( https://owners.holidayhousestays.com.au/).
Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
We reserve the right to revise and update the applicable fees for subscriptions (including the fees set out on our subscription webpage (https://owners.holidayhousestays.com.au/), where you subscribe to the Platform), at any time at our sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
2.2 Free Trials
We may provide a free trial subscription for a fixed period of time, as determined in our sole discretion. Unless otherwise stated by us in respect of specific promotions, free trials are only available to new clients, and we reserve the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription registered as a different client or using a different email address.
After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under "Automatic renewal of subscription".
2.3 Payment Details
You can pay the fees for your subscription to our services on the site through a credit card, or Stripe payment.
The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process.
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. We reserve the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
2.4 Payment and Currency Disclaimer
All payments are managed by a third party payment gateway, Stripe. (www.stripe.com) All payment amounts are represented in AUD as this is the currency of our host country. Stripe does not provide converting transactions prices – so if you are in America it will not show the equivalent in USD. All transactions processed on https://owners.holidayhousestays.com.au/ will be charged to the customer in the equivalent amount in their host countries currency per the AUD price. All currency conversions and their calculations through payment are made via stripe.
2.5 Automatic Renewal of Subscription
Your subscription will automatically renew unless you cancel at least forty-eight (48) hours before the end of the current billing period. However, you may cancel your subscription at any time by emailing us at email@example.com. Upon such cancellation, you will still be entitled to receiving and accessing the subscription services on the Platform for the remainder of the duration that you have subscribed to.
2.6 Cancellation and Refund of Subscription Fees
If you cancel, you will also forfeit the services being provided once your then current subscription period ends.
Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
2.7 Demands for Refund: Extortion, Bullying & Harassment
In the unlikely and unusual event that you ignore our no-refund policy, and engage in behaviour that is bullying, harassing or threatening in nature in response to not being granted a refund or in an attempt to acquire a refund, and or you make false claims regarding our service, company or affiliates as an act of ‘revenge’ or as part of an attempt to secure a refund; or you steal money from Holiday House Deals Pty Ltd through illegitimately forcing a refund through a third party such as your bank, then you and any person/s or institution/s that have aided this behaviour, may be subject to the legal and financial consequences of such actions. If you are unaware of the consequences of stealing, extortion, defamation, bullying and harassment in Australia, then we encourage you to seek legal counsel to fully understand the legal ramifications for anyone who engages in such behaviour, prior to engaging in such conduct. As such matters fall in the jurisdiction of our state and federal governments, including law enforcement courts, we cannot help or aid you in the event that you are held accountable for the consequences of such actions. You can see our extortion and harassment policy outlined in section 4.0 below. 3.0 PAYMENTS
3.1 All transfers conducted through our sites are handled and transacted through third party dedicated gateways such as Stripe, to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.4.0 USE OF THE PLATFORM
4.1 By using the Platform, you confirm that you will not use the Platform for any of the following:
(a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which We or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").
(b) Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform.
(c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person and or Us; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person and or Us; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
(d) Fraud – any act that: (i) attempts to defraud Us or any other person; or (ii) provides false, inaccurate or misleading information to Us.
4.2 Contributed Content
(a) You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in respect of any blog, forum or emails, and any comments, feedback or ideas that you send to Us), as well as information provided for the purposes of us fulfilling our marketing and promotional services to you ("Contributed Content") and expressly agree not to submit or upload any Contributed Content which:
(i) advertises or promotes any services or brands other than those already registered for your service (with respect to you or any third party);
(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
(iii) you know not to be true and honest, or which spreads false or misleading statements;
(iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
(v) impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
(vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
(viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute "spam";
(ix) may expose Us or other Users to any harm or liability of any kind; or
(x) is contrary to any Applicable Laws.
(b) We have the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Service; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform
(c) You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your Subscription has ended, or is otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.
(d) If you believe that any Contributed Content violates these Terms of Service or any Applicable Laws, including any copyright laws, you should report it to Our team at firstname.lastname@example.org AVAILABILITY OF SERVICES, SECURITY
5.1 We shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Our control. We will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
5.2 You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
5.3 You acknowledge and agree that We shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
5.4 You must immediately notify the Our team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
5.5 Users may also be required to refresh their own cache so as to maintain access to the Platform and its services including any updates. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible or perceived as outdated to the User until such action has been taken by you to refresh your cache.6.0 INTELLECTUAL PROPERTY, USE LICENCE
6.1 Holiday House Deals’ ownership of the Platform
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by Holiday House Deals, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
6.2 User's licence to use Platform.
You are not granted any right to use, and may not use, any of Holiday House Deals’ Intellectual Property Rights other than as set out in these Terms of Service and subject to the following conditions:
(a) you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from Holiday House Deals.
(b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
(c) you may not use any data mining, robots or similar data-gathering or extraction methods.
We reserve the right to monitor your use of the Platform and to alter or revoke your services or your access to the Platform at any time and for any reason. Your services shall terminate upon the expiry or termination of your subscription.
6.3 Contributed Content
(a) By posting or otherwise providing Contributed Content, you grant Us a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
(b) You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide Us with such Contributed Content.7.0 THIRD PARTY SERVICES AND CONTENT
In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
Your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that We are not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.8.0 INDEMNIFICATION
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Holiday House Deals and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(a) your use of, or conduct in connection with, the Platform;
(b) your breach of these Terms of Service or any other policy;
(c) any Contributed Content you provide;
(d) the marketing and promotional material and services provided; or
(e) your violation of any Applicable Laws or the rights of any other person or entity.
(f) any decisions or actions you take based on any imagined, perceived or desired results (performance-related or otherwise) of the marketing and promotional services that we provide.
You will provide Holiday House Deals and the Associated Parties with any assistance that Holiday House Deals and the Associated Parties reasonably requests in defending any such action or proceeding.9.0 CHANGES AND UPDATES TO PLATFORM, TERMS OF SERVICE
Holiday House Deals may terminate or modify any feature or part of the Platform at any time without notice. Holiday House Deals may also revise and update these Terms of Service at any time in its sole discretion by posting an updated Terms of Service on the Platform. All such changes to the Terms of Service are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Service constitutes your acceptance and agreement to the changes which are binding on you.10.0 COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
10.1 If you have any questions, feedback or complaints, please contact our team at the following email address: email@example.com.
a. These Terms of Service (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by Queensland law. The courts of Queensland have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Service.
b. If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Service, including this Clause 10, affects your rights as a consumer to rely on such mandatory provisions of law.11.0 GENERAL
a. FORCE MAJEURE EVENT
A "Force Majeure Event" means any event beyond Holiday House Deals’ reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
If a Force Majeure Event occurs that affects our ability to perform our obligations under these Terms of Service, our team will contact you as soon as reasonably possible to notify you and Holiday House Deals’ obligations under these Terms of Service will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
b. Data Privacy
Holiday House Deals may transfer its rights and obligations under these Terms of Service to another entity, but this will not affect your rights or our obligations under these Terms of Service. You may not transfer your rights and obligations under these Terms of Service to another person.
If any provision of these Terms of Service is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
f. Relationship of the parties
Nothing in the Terms of Service: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by Holiday House Deals to you.
g. Third party rights
A person who is not a party to these Terms of Service has no right whether by applicable statute or otherwise to enforce any term of these Terms of Service.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at firstname.lastname@example.org