TERMS AND CONDITIONS

TERMS AND CONDITIONS

Terms and Conditions (including Privacy Policy)

The following provisions govern your use of www.airhosta.com (the “Site”) and all other services made available to you through the Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

By using the Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and airhosta (“we” or “us”). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the Site. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the Site constitutes your acceptance of and agreement to any revised Terms and Conditions.

Please also see our which is detailed below these Terms and Conditions.

User Submissions 

General

It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the Site, including all property information, photos and any other content, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos and designs) to any part of the Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the Site, including in any directories, is true, complete and correct.

Copyright in Reviews and comments

By accepting these Terms and Conditions when registering your account, you hereby assign to us all present and future copyright in all of original content submitted or posted by you to the Site including without limitation: comments, forum posts, public messages, reviews, ratings and ‘get a proposal’. You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider to infringe your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms and Conditions, and your use of the Site constitutes your agreement to these Terms and Conditions.

Review of submissions

Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the Site are subject to review, modification and deletion without notice by the discussion or forum manager. Files that you upload to a bulletin board are subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should be aware that personally identifiable information you choose to disclose on the Site may be used by third parties and such use is beyond our control.

You must not post any information which:

(i) is libelous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person
(ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Site or any of our users.

You must not use the site for the purposes of:

(i) soliciting Airbnb hosts or Vacation Rental owners to deliberately engage in communications outside of the Site for the purposes of hiring a Service Provider or Co-Host, where the process to shortlist or hire a Service Provider or Co-Host has not been completed
(ii) deception, fraud, malicious behaviour to secure personal or financial gain


We may deny you access to all or part of the Site and/or suspend or cancel your account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate (including vexatious, intimidating, aggressive behaviour towards other users or staff at airhosta). We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your account.

Copyright and Trade Marks

The entire contents and design of the Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws.. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the Site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

General Disclaimer

The Site is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the Site is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the Site at any time without notice.

Use of the Site

Your use of the Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Site. Neither we nor anyone else involved in creating, producing or delivering the Site, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the Site.

You must not use any means of automatically searching or mining data from the Site or in any way interfere or attempt to interfere with the proper operation of the Site.

You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Site, our systems or data or those of any third party via the Site.

Disclaimer

We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed on our platform We rely on the professionals or the facilities listed in our platform to provide accurate information and assume no responsibility for verifying the information provided. Use of our platform to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our platform for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.

You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our platform.  Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our platform.

The Site may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the Site and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.

Registration

Airbnb Hosts and Vacation Rental Owners
You are automatically registered when you complete the 'Get Started' or 'Get Proposals' features on the Site.

Servive Providers and Co-Hosts
To register, you must completed either the contact form on the 'I'm a Service Provider' or 'I'm a Co-Host'. You will then be asked to complete a 2 stage registration process, during which time your details will be vetted by our team. Assuming you successfully complete the vetting process, your account will then activated, and your login details sent to you by email.

You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with www.airhosta.com. If you suspect any unauthorised use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.

You may close your account at any time but you will remain liable for obligations related to your account after it has been closed. The sections in these Terms and Conditions headed Copyright and Trade Marks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights and the first paragraph of the section headed User Submissions will continue to apply once your account has been closed.

Designated Copyright Representative

The Copyright Regulations 1969 (Cth) establish a safe harbour scheme which limits the remedies available against carriage service providers for copyright infringement relating to certain online activities. Our designated representative to receive notifications and notices issued under that scheme in relation to all activities carried out by us as a carriage service provider is:

Title: Charlotte Brennan
Email: contactus@airhosta.com
 

 

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Site using your account.

Waiver, Release and Limitation of Liability

You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.

Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.

Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Site, or resulting from the act or omission of any other party involved in making the Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Site or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.

Third Party Rights

The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Miscellaneous

Advertisers and sponsors of the Site and/or its e-newsletters have no influence on editorial content or presentation.

You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.

Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.

We will send any legal notices or communications regarding your account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the Site. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).

If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.

These Terms and Conditions are governed by the laws of Victoria, Australia.

Last updated on: 30/09/2016

 

Privacy Policy 

Introduction

1.

This Privacy Policy is airhosta’s official online privacy policy and it applies to all personal information collected by airhosta. This policy is incorporated by reference into airhosta Terms & Conditions that apply to services provided by airhosta.

2.

In this policy we explain how and why we collect your personal information, how we use it, and what controls you have over our use of it. airhosta is committed to complying with Commonwealth legislation governing privacy of personal information by businesses and to protecting and safeguarding your privacy when you deal with us.

3.

We encourage all site users and customers to refer to the Office of the Australian Information Commissioner’s website at www.oaic.gov.au which contains important information about privacy laws in Australia.


Collection and use of information

4.

Some information provided to us by clients, customers, contractors and other third parties might be considered private or personal. Without these details we would not be able to carry on our business and provide our services to you. We will only collect such personal information if it is necessary for one of our functions or activities. We retain the right to use or disclose personal information about you that is required in the provision of information about or the promotion or delivery of airhosta and services to the user, such as newsletters, promotional materials or direct marketing campaigns relevant to the services that we offer. We may also disclose your personal information to a third party payment processing provider in connection with payment or billing for the provision of services to the user.

5.

Personal information about you may be collected by us from devices or browsers which you use to access our webpages or other webpages, where we keep a record and a copy of your contact with us, where you submit information through web forms, by logging your IP address, collecting GPS data, by use of cookies, by recording phone numbers and email addresses from which you contact us, by any smart phone, browser plugin or other application we use which might collect information from the device or browser used by you and in other ways which rely on technical access to information available from devices and operating systems that you might use.

6.

We may also obtain your personal information from our affiliates or advertising partners, customers and other third parties that we consider helps us to deliver or advertise our services, understand online activity and collect information that we consider important to managing the quality or content of the services that we deliver.

7.

By using airhosta services and website you consent to us using and disclosing your information both for the purposes for which we have collected it (including by providing your information to a third party payment processing provider in connection with payment or billing for the provision of services to you) and for other purposes related to marketing and advertising our services and the services of other entities with whom we have relationships, including entities that market and promote goods and services unrelated to those which we market and promote.


Links

8.

Our web site may contain links to other web sites and those third party web sites may collect personal information about you. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. airhosta encourages users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information


Security and storage

9.

airhosta places a great importance on the security of all information associated with our customers and contractors. We have security measures in place to protect against the loss, misuse and alteration of personal information under our control.

10.

Personal information is de-identified or destroyed securely when no longer required by us.

11.

airhosta retains the information you provide to us including possibly your contact and credit card details to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities.

12.

Information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.

13.

No data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect user's personal information, airhosta cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once airhosta receives your transmission, it makes every effort to ensure its security on its systems.

14.

Ultimately, you are solely responsible for keeping your passwords and/or account information secret. You should be careful and responsible whenever you are online.


Access to and correction of personal information

15.

airhosta is committed to maintaining accurate, timely, relevant and appropriate information about our customers and web-site users.

16.

So long as your request for your personal information is in accordance with the National Privacy Principles, then we will give you access to that information.

17.

Inaccurate information will be corrected upon receiving advice to this effect from you. To ensure confidentiality, details of your personal information will be passed on to you only if we are satisfied that the information relates to you.

18.

If we refuse to provide you with access or correct the personal information held about you by us, then we will provide reasons for such refusal.


Complaints

19.

If you have a complaint about our Privacy Policy or the collection, use or safe disposal or destruction of your personal information, your complaint should be directed in the first instance to us at E-mail:contactus@airhosta.com

20.

We will investigate your complaint and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of personal information held by us about you in accordance with the Commonwealth Privacy legislation. If you are not satisfied with the outcome of this procedure then you may request that an independent person (usually the Commonwealth Privacy Officer) investigate your complaint.


Changes to Privacy Policy

21.

If airhosta changes its Privacy Policy, it will post changes on this Privacy Policy page so that users are always aware of what information is collected, how it is used and the way in which information may be disclosed. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.


Contacting us

22.

If you require further information regarding our Privacy Policy, please contact us at the following address: E-mail:contactus@airhosta.com

23.

Should you wish to read more information on privacy legislation or the National Privacy Principles we recommend that you visit the Federal Privacy Commissioner's website at privacy@privacy.gov.au



Acceptance

24.

You accept that your use of this site includes your acceptance of this Privacy Policy and the Terms of Use.

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