People Like Us Home Exchange: Service Terms &
Conditions
Welcome
to People Like Us Home Exchange!
1.
ABOUT THIS AGREEMENT
This
agreement is between People Like Us Home Exchange Pty Ltd, ACN 637 558 199 (“People Like Us”, “we”, “us” and “our”) and the person signing up to be a Member of People Like Us
and/or to obtain services from People Like Us (“you” and “your”).
This
agreement comprises these Service Terms & Conditions and any other document
specified in these Service Terms & Conditions (“Agreement”). This Agreement governs the rights and obligations
between People Like Us and you, governing our provision and your use of our
Services, mobile applications or other software provided, and any material,
communications, links or information contained on, or made available through,
our Services. Together, the website and Services provided comprise the “Platform”.
By
signing up to be a Member, you acknowledge that you have read and agree to comply
with and be bound by this Agreement (including any variations People Like Us makes
from time to time) and by our Privacy Policy (available on the Platform at
https://peoplelikeus.world/privacy). If you do not agree to this Agreement and
the Privacy Policy, you must terminate your Membership.
2.
CHANGES TO THIS AGREEMENT
We
may amend this Agreement from time to time. We will keep you informed of any
changes by posting the amended Terms on the Platform. If you continue to access
or use the Platform after we amend the Agreement, then you are taken to have
agreed to such amendments. You are responsible for checking all amendments from
time to time.
The
Platform is designed to introduce individuals registered on the Platform (“Members”) who wish to undertake an
Exchange, and such other activities as provided by the Platform. The Platform
is used to facilitate this process, but acts only as an intermediary to
facilitate Exchanges, where such Exchanges are governed by a separate agreement
between you and another Member.
4.
OUR COMMITMENT TO YOU
People
Like Us will ensure that the Platform is provided to you with due care and
skill, and by suitably qualified personnel. We do not warrant that the Platform
will be error-free, virus-free, continuous, suitable for you, or that the
Platform will be compatible with your equipment.
People
Like Us does not take responsibility for any actions or omissions by Members during
an Exchange, or for the condition or suitability of Residences offered for
Exchange.
People
Like Us may add to, change or remove any features and functionality of the
Platform at any time (with or without notice to you). The features and
functionality available on the Platform may also vary depending on the device
or application that is used to access it (e.g. mobile vs desktop).
We
do not represent or guarantee that the Platform will be free from loss,
corruption, interference, attack or other intrusion (“Security Incident”), and you release us from any liability relating
to any such Security Incident.
5.
MEMBERSHIP
5.1 Eligibility
You
may only become a Member if: (i) you are
at least 18 years old; and (ii) have a Residence that you will make available
through the Platform as a Listing for other Members to obtain in accordance
with this Agreement; (iii) you create a Listing of such Residence at the time
you register to be a Member; (iv) you are a natural person (for example, you
are not a company, trust, partnership or other similar legal entity); and (v) satisfy
all the other requirements (including restrictions) set out in this Agreement.
If
you remove a Listing such that you no longer have any Listings through the
Platform, then you will automatically cease to be a Member, and your account
may be terminated by us at that time.
At
our request, you must provide us with certified copies of the requested
documents (for example. a valid driver’s licence, passport etc.) to enable us
to verify your details, including your name and age.
You
are responsible for keeping your Membership details up to date, and you
acknowledge that People Like Us will not be responsible for any incorrect or
fraudulent details provided.
5.2 How
to become a Member
You
must register with the Platform to become a Member. As part of the registration
process, you will need to:
(a)
provide us with your personal details,
including (as applicable) your name, email address; residential address, and a
profile photo of yourself and the details of any co-host;
(b)
create a Listing of your Residence,
including text descriptions and photographs of the Residence.
If
you do not satisfy the requirements set out in paragraphs (a) and (b) above, or
any other eligibility criteria or other restrictions set out in this Agreement,
then you may not be a Member and we may reject your application to be a Member.
5.3 Restrictions
You
must not:
(a)
submit more than one application for
yourself, whether directly or indirectly;
(b)
register to be a Member multiple times; and
(c)
create a Membership for any person other
than yourself.
5.4 Your commitments as a Member
You
agree:
(a)
that you have legal authority, and will
continue to have such legal authority at all times as a Member, and during the Exchange
Term, to: (i) enter into this Agreement; (ii) post your Residence Listing; and
(iii) offer your Residence for Exchange;
(b)
that you may only be a Member for your
own personal use and in your personal capacity, and not for any commercial or
other capacity;
(c)
not to bring any claim against People
Like Us in relation to any act or omission occurring in relation to an
Exchange, except that the foregoing does not limit your ability to bring a
claim against People Like Us for its negligence or other breach of this
Agreement;
(d)
that the agreement to enter into an
Exchange is solely between the Guest Member and Host Member and that a separate
legal agreement comes into existence between you and the other Member in
relation to that Exchange. Any claims
you may have in relation to an Exchange must be made against the relevant
Member pursuant to that separate legal agreement;
(e)
to assume all liability for any risk
arising from an Exchange, or from your use of any information on the Platform;
(f)
that entering into, or conducting, an
Exchange will not breach any agreements that you have entered into;
(g)
to comply with the People Like Us community
values (as set out on our Facebook page and Platform);
(h)
to comply with all applicable laws, and any
applicable export control laws in all relevant jurisdictions;
(i)
to compensate People Like Us fully for
any loss or damage that People Like Us suffers as a result of any claims made
or brought by a third party against People Like Us due to your breach of this
Agreement;
(j)
to cooperate with People Like Us in good
faith, and to assist with any reasonable requests for the purposes of an
investigation undertaken by People Like Us or a legal authority regarding
misuse of the Platform;
(k)
to only publish or communicate
information (including photographs) that you have all necessary rights to;
(l)
not to infringe any Intellectual Property
Rights or Moral Rights of any person;
(m)
to only depict individuals in photographs
with their consent;
(n)
not to provide any false, incomplete or
misleading information, including information provided in your personal
details, on a Listing, or elsewhere on the Platform;
(o)
not to provide any fake review of an
Exchange, or encourage any other Member to provide such a fake review;
(p)
not to use language that is
inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful,
likely to offend, insult or humiliate others based on ethnicity, race, gender,
sexuality, age or any disability or otherwise vilifies any person or incites
violence or hatred;
(q)
not to defame, abuse, stalk, harass,
threaten or otherwise violate the legal rights of others, including rights
relating to privacy and publicity;
(r)
not to send or publish material
containing sexual acts, nudity, pornography or that is of a violent nature;
(s)
not to use the Platform to sell or
advertise any goods or services;
(t)
not to use the Platform to send
unsolicited commercial, or otherwise inappropriate, communications;
(u)
not to engage in any other activity that
People Like Us decides, in its discretion, is not compatible with the People Like
Us community values, or which might affect the security of the Platform or its
Members;
(v)
not to solicit or encourage any Member to
join any other home exchange provider;
(w)
not to use the Platform to offer a
Residence for rent or financial compensation;
(x)
to register all Exchanges on the
Platform, and not to arrange an Exchange outside the Platform with a Member
that you first connected with on the Platform; and
(y)
not to transfer your Membership to
another person.
You
must have all necessary consents, permissions, licences and approvals to enter
into this Agreement and perform your obligations under it.
If
you believe that another Member has provided fraudulent or incorrect
information on the Platform, you must immediately inform People Like Us. People Like Us is not responsible for any loss
arising out of or in connection with any such fraudulent or incorrect
information.
5.5 Messaging
Service
The
Platform includes a messaging feature that is designed to assist Members to
communicate with each other through the Platform.
If
you use the messaging service to enter into an Exchange, then you are solely
responsible and liable for the validity or otherwise of any agreement you reach
with the other Member in relation to the proposed Exchange.
You
are solely responsible for all communications made through the messaging
service. People Like Us does not assess,
verify or guarantee the accuracy of any information provided by Members on the
messaging service.
5.6 Support
We
will use reasonable efforts to provide online support to Members. To request online support, a Member must
contact us through the “Contact Us” page on the Platform or by emailing the
nominated email contact on that page.
While
People Like Us will endeavour to respond to all requests for online support, People
Like Us does not guarantee to rectify any or all issues, nor does it promise to
do so by a certain timeframe.
Our
Facebook group, “People Like Us home exchange”, provides a forum for Members to
communicate with each other. We may, at our sole discretion, delete the
Facebook group or remove Members and non-Members from the Facebook group.
If
you participate in our Facebook group, then you agree to do so in accordance
with this Agreement and any other relevant terms (e.g., the Facebook Terms of Service).
5.7 Reviews
Following the Exchange Term, you can submit a review
of your experience during the Exchange, which will be published on the Host
Member’s account profile. People Like Us makes no guarantee that a review is
accurate, and does not review the information contained in such reviews. We
may, at our sole discretion, remove any review published on the Platform.
5.8 Security of your information
You must keep your user login details (including
password) secret and confidential and not disclose such details to any third
party or allow another person to access or use the Platform using your details.
You agree that you will be solely responsible for all access and use of the Platform
by anyone using your login details, whether or not you authorised such access
or use. You must immediately notify People Like Us if you are aware of, or have
any reason to suspect or believe that, your login details have been subject to
unauthorised use or have otherwise been compromised.
5.9 Fees
No fees are currently payable for Exchanges, however
People Like Us may introduce a paying Membership program.
6.1 Listings
You
must provide clear, complete and accurate descriptions for each Listing,
including:
(a)
the street address of the Residence;
(b)
at least one clear photograph of the
Residence that accurately reflects the quality and condition of the Residence;
(c)
key features of the Residence, such as
number of bedrooms and bathrooms;
(d)
any deficiencies of the Residence or
restrictions on the use of the Residence;
(e)
any reasonable charges applicable to the
Exchange, with a description of why such charges are necessary, and
confirmation that you will not charge the Guest Member more than the fees you
incur for that item; and
(f)
any other information that People Like Us
requires is included from time to time.
You
must ensure that the Listings (including details and photographs) are up to
date, accurate, complete and are not misleading in any manner. Where several
people own the Residence, a Residence can only appear on the account of one
Member.
People Like Us reserves the right to determine the
placement of Listings, and does not promise that any Listing will appear in a
certain position in the search results.
6.2 Creation
of a Member Agreement
On
the date the relevant Members agree to enter into an Exchange in accordance
with the booking process specified by People Like Us, a separate, legally
binding contract comes into existence between the Guest Member and the Host
Member on the terms set out in Schedule 1 and any other additional terms that are
agreed by those Members in relation to that Exchange (together, the “Member Agreement”). Each Member
Agreement continues for the Exchange Term, unless earlier terminated in
accordance with its terms.
You
must ensure that any additional terms in the Member Agreement do not conflict
with either the Member Agreement or this Agreement.
6.3 No
Liability for Member Agreement
The
Host Member and Guest Member agree that People Like Us is not a party to the
Member Agreement. People Like Us does
not act as agent, broker, or insurer for any Member, and does not guarantee the
legality of any Exchange or that any Residence will be available or will
correspond to the information provided on the Platform.
6.4 Member
Responsibility
You
are solely responsible for deciding to enter into an Exchange or otherwise. you
are responsible for verifying and ensuring that a Member who you intend on
conducting an Exchange with has all required approvals, licences, and insurance
required to perform the Exchange. We are not liable for any financial expenses
incurred by you in respect of an Exchange arising out of any breach of the
Member Agreement or otherwise.
Members
are solely responsible for all risks associated with providing or occupying a
Residence for an Exchange, including any losses, damages, liabilities, claims
and expenses (including legal costs) incurred, arising from injury to persons,
or any loss or damage to, or theft of, any real or personal property.
You
must comply with the terms of each Member Agreement, and you are liable for any
failure by you or your representatives to do so.
Repeated cancellations by a Member may
result in cancellation of your account by People Like Us.
7.1
Use of Globes
You can use a Globe to organise
an Exchange (either a Non-Reciprocal or a Hospitality Exchange), in which a
Globe is transferred from the Guest Member’s Account to the Host Member’s
Account, in place of the Guest Member’s Residence being offered for a reciprocal
stay.
If a Globe is offered for an Exchange, it is
transferred immediately from the Guest Member to the Host Member’s Membership
account on the Commencement Date of the Member Agreement. When the Globe is
received by the Host Member’s account, the Host Member may immediately use the
Globe to organise an Exchange with another Member.
7.2 Cancellation
of Globe Exchanges
If
the Exchange is cancelled by the Guest Member, the Globe is forfeited to the
Host Member.
If
the Exchange is cancelled by the Host Member, the applicable scenario set out
below will apply:
1.
if the Globe has not already been used to
coordinate a further Exchange (between the Host Member and another Member), we
will return the Globe to the Guest Member;
2.
if a further Exchange between the Host
Member and another Member using the Globe is in process , but that Exchange has
not been finalised and agreed to, that further Exchange will be cancelled and we
will return the Globe to the original Guest Member;
3.
if a further Exchange using the Globe has
been finalised and agreed to, and the Host Member’s Membership account has
another available Globe, the original Globe will remain with the third Member
to whom it was promised, and we will give the other available Globe to the
Guest Member; and
4.
if a further Exchange using the Globe has
been finalised and agreed to, the Globe will remain with the third Member to
whom it was promised, and we will generate a new Globe We will give the new
Globe to the Guest Member who originally offered the Globe for the first
Exchange. The Host Member will owe People Like Us a Globe, and when a Globe
Exchange is next arranged, the Host Member’s Globe will be automatically
forfeited and returned to People Like Us.
7.3 Platform
Rights
Globes
will be generated and allocated by People Like Us at our sole discretion. If
you cancel your Membership, any remaining Globes attached to your Membership
will be forfeited.
7.4 No
redemption or purchase of Globes
You
may not redeem or exchange a Globe for cash. A Globe may not be used for any
purpose other than for an Exchange as set out in this clause 7. You may not purchase or sell a Globe.
8.
PRIVACY
We will handle any personal information you submit
via the Platform in accordance with the Privacy Policy located on the Platform
at https://peoplelikeus.world/privacy.
You
consent to our collection, use and disclosure of your personal information in
accordance with the Privacy Policy.
You
must have all necessary consents and approvals for any personal information
that you provide to us.
Nothing in this Agreement operates to assign or
otherwise transfer any right, interest or title in or to any Intellectual Property
Rights (including Moral Rights) of a party, except as expressly stated.
Any
User Material published on the Platform is owned by you or whoever created it. You
grant People Like Us a world-wide, royalty-free, perpetual, irrevocable,
transferrable and non-exclusive licence to:
(a)
use, reproduce, modify, adapt,
communicate, display, perform, store and distribute your User Material for the
purposes of performing our obligations under this Agreement and otherwise in
connection with our business purposes (including for marketing related
purposes);
(b)
create statistics, databases and
compilations for use by People Like Us and third parties;
(c)
permit any person to assist People Like
Us to do any of the things referred to in this paragraph; and
(d)
sub-licence any of the rights granted to
People Like Us under this paragraph to any person.
Without
limiting the foregoing, you unconditionally consent to such use of your User
Material by People Like Us that would, but for your consent, constitute a
breach of your Moral Rights.
You
acknowledge that you are solely liable for any losses, damages, claims and
expenses (including legal costs) resulting from any User Material that violates
third party Intellectual Property Rights or Moral Rights.
All
materials, text, images, software, code, sounds, applications and other content
located on the Platform, or otherwise provided by People Like Us, is owned or
licensed by People Like Us. Other than your User Material, you must not copy,
modify or transmit any such content without written permission from People Like
Us.
The
Platform may contain trademarks, logos, service names and trade names of People
Like Us and third parties which may be registered or otherwise protected by
law. You are not permitted to use any trademarks, logos, service names or trade
names appearing on the Platform without our prior written permission.
10.
DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Disclaimer
You
acknowledge and agree that you access and use the Platform entirely at your own
risk.
The
limitations and disclaimer in this clause 10 do not purport to limit liability
or alter any consumer rights that cannot be excluded under applicable law,
including the Australian Consumer Law.
Subject
to clause 10.3 and to the maximum extent permitted by law, People Like Us
excludes all guarantees, terms, representations or warranties that would
otherwise arise or be implied by law in relation to the Platform and any supply
of Services under this Agreement, including any guarantees, terms, warranties
or representations concerning:
(a)
the availability of the Platform;
(b)
the quality, completeness, accuracy or
suitability of the Platform;
(c)
the fitness for purpose in relation to
the Platform;
(d)
all links to or from the Platform;
(e)
the products and Services advertised or
accessible on the Platform; and
(f)
the safety of the computer systems of
users of the Platform.
Subject to clause 10.3 and to the maximum extent permitted by law, we
exclude all warranties and liabilities arising under or in respect of this
Agreement, whether in contract, tort (including negligence), statute or any
other cause of action.
To the extent that any liability may not
lawfully be excluded but may be limited, our sole liability is limited to, at
our discretion: (a) the supplying of the relevant Services again; or (b) the
payment of the cost of having the relevant Services supplied again.
For any liability
that is not otherwise excluded or limited by this Agreement, our aggregate
liability to you under or in respect of this Agreement whether in contract
(including under an indemnity), tort (including negligence), statute or any
other cause of action is limited to the greater of: (a) the fees paid to us in the first six
months of a paid Member subscription; and (b) $10.
10.3 Australian Consumer Law
The Platform comes with guarantees that
cannot be excluded under the Australian Consumer Law.
If you are acquiring the goods or services
as a consumer, our liability for a failure to comply with a consumer guarantee
is limited to: (a) in the case of goods supplied to you as part of the services
under this Agreement, the replacement of the relevant goods or the repair of
the goods, or the payment of the cost of replacing the goods or of acquiring
equivalent goods; and (b) in the case of services supplied to you as part of
the services under this Agreement, the supply of the relevant services again,
or the payment of the cost of resupplying the services.
11.1 Termination
of Membership or this Agreement
Either
party may terminate this Agreement, and/or your Membership, on 10 days’ written
notice to the other party. On the
date of such termination, the Member Agreement and any scheduled Exchange are
immediately terminated, and any Globes that you have accumulated will be
cancelled.
11.2 Termination
for cause
We may
terminate your Membership immediately, by giving you notice in writing, if:
(a)
you commit a breach of this Agreement,
and that breach is incapable of remedy;
(b)
you commit a breach of this Agreement
that is capable of remedy, and do not rectify that breach within 7 days of
People Like Us issuing a notice of that breach to you;
(c)
you regularly or habitually commit
breaches of the same provision of this Agreement, whether or not they are
remedied, or commit a significant number of breaches which are not remedied;
(d)
you repeatedly terminate Member
Agreements for any reason, other than for the other Member’s breach;
(e)
you are located in a jurisdiction that is
designated as a terrorist-supporting country by a relevant government,
including Australia and the United States of America, or if you are listed on a
government list of prohibited or restricted parties, including the governments
of Australia and the United States of America; or
(f)
where People Like Us has an express right
to do so under any provision of this Agreement.
11.3 Consequences
of termination
On the
date of termination of your Membership or this Agreement:
(a)
you agree that any Exchange agreed to is
immediately terminated; and
(b)
any Globes that you have accumulated will
be immediately cancelled.
11.4
Survival
Expiration or termination of the
whole or any part of this Agreement does not prejudice any right or liability
that accrued to a party before the date of such expiration or termination.
Clauses 1 (About this Agreement), 9
(Intellectual Property), 10 (Disclaimer and Limitation of Liability), 11.3
(Consequences of Termination), 12 (Dispute Resolution), 13 (General) and 14
(Definitions) continue to apply after expiration or termination of this Member
Agreement, as does any other clause that, by its nature, is intended to survive
such expiry or termination.
12.
DISPUTE RESOLUTION
You may notify us of any issue or dispute with People
Like Us (“Dispute Notice”).
We both agree to try and resolve the dispute in such
Dispute Notice in good faith, before commencing any formal proceedings (other
than for urgent interlocutory or other relief).
13.
GENERAL
13.1 Content
Any
information provided by People Like Us on this Platform is of a general
informational nature only, and is provided solely for information purposes.
People Like Us does not guarantee the accuracy of any information provided, and
such information does not constitute advice or recommendations, nor is intended
to be the sole information resource guiding any Exchange decision. You are
responsible for undertaking any research and analysis required before agreeing
to an Exchange.
13.2 Performance
People Like Us may perform all or any part of its
obligations under this Agreement outside Australia.
13.3 Entire
Agreement
This Agreement constitutes the
entire agreement between the parties about its subject matter.
13.4 Governing
Law
This
Agreement is governed by and must be construed in accordance with the laws
applicable in the State of New South Wales, Australia. You submit to the
exclusive jurisdiction of the courts of New South Wales and the Commonwealth of
Australia in respect of all matters arising out of or relating to this
Agreement, their performance and subject matter.
13.5 Interpretation
In this
Agreement:
(a)
a reference to a statute, code or other
law includes regulations and other instruments under it and consolidations,
amendments, re-enactments or replacements of any of them;
(b)
terms used that are defined in the GST
Act have the meaning given in that Act, unless the context makes it clear that
a different meaning is intended;
(c)
a reference to a party includes a
reference to the party’s executors, administrators, successors and assigns;
(d)
the singular includes the plural, and
vice versa;
(e)
“includes”, “including”, “for example”,
“such as” and similar terms are not words of limitation;
(f)
a reference to a “person” includes a
natural person, corporation, statutory corporation, partnership, the Crown, and
any other organisation or legal entity, and their permitted novatees, permitted
assignees, personal representatives and successors; and
(g)
clause headings in this Agreement are
inserted for convenience only, and do not affect the interpretation of this
Agreement.
13.6 Notice
Unless expressly stated otherwise in this Agreement,
all notices, certificates, consents, approvals, waivers and other
communications in connection with this Agreement must be in writing.
People Like Us may provide a notice by:
(a)
posting the notice on the Platform; or
(b)
emailing the notice to the email address that
you last provided to People Like Us.
13.7 Severability
To the extent that any part of this Agreement is illegal,
invalid, void, voidable or unenforceable, then that part shall be severed from
this Agreement and the remaining parts of this Agreement will continue in full
force and effect.
13.8 Waiver Of Rights
A right created by this Agreement may only be waived in
writing by the party giving the waiver. Any failure to exercise, or any delay
in exercising, a right or remedy provided by this Agreement or by law does not
waive the right or remedy.
A waiver of a breach of this
Agreement does not waive any other breach.
13.9 Warranties
You warrant that entering into
and performing your obligations under this Agreement does not breach any prior contractual
obligations to any other person.
You warrant that you have not
relied on any representations or warranties by us in relation to this Agreement
or the Services other than those in this Agreement.
13.10 Assignment
We may assign or novate this
Agreement, in whole or part, to a third party without notice to you. Other than
as set out in this clause, no party may assign or novate this Agreement without
the other party’s prior written consent, such consent not to be unreasonably
withheld or delayed.
13.11 Force
Majeure
If an event beyond a party’s
reasonable control (Force Majeure Event) causes that party to be unable to perform or be delayed in
performing an obligation under this Agreement (other than, in your case, an
obligation to pay the Fees), that obligation is suspended for so long as it is
prevented or delayed by the Force Majeure Event.
13.12 No
relationship
Nothing in this Agreement will
be taken to constitute a party as an employee, agent, partner or joint venturer
of the other party nor is a party authorised to represent itself as acting, or
to incur any obligation, on behalf of the other party.
14.
DEFINITIONS
Capitalised
terms used in this Agreement have the following meaning:
Agreement means
these Service Terms & Conditions, as amended from time to time in the
manner set forth herein.
Exchange means a
Residence exchange entered into between a Host Member and a Guest Member.
Exchanges may be:
(a)
a “Simultaneous Exchange”, where the
Exchange is undertaken simultaneously with another Exchange entered into by the
same Guest Member and the Host Member, in which each Member stays in the other
Member’s Residence at the same time;
(b)
a “Non-Simultaneous Exchange”, where an Exchange
is entered into between two Members who agree to stay at each other’s
Residences at different times;
(c)
a “Non-Reciprocal Exchange”, where the
Members agree that only one Member will stay at the other Member’s Residence;
and
(d)
a “Hospitality Exchange”, where the
Members agree that one Member will travel to the other Member’s Residence while
that Member is present at that Residence. The Guest Member will have partial
use of the Residence.
Exchange Term means,
for an Exchange and a Member Agreement, the term of that Exchange and Member
Agreement, commencing on the date the Member Agreement is created, and ending
on the date the Exchange is completed, unless earlier terminated in accordance
with the terms of that Member Agreement.
Globe is
defined in clause 7.
Globe Exchange means
an Exchange in which a Host Member provides their Residence to a Guest Member
in return for a Globe, rather than providing the Host Member’s Residence for
the Guest Member under that Exchange.
Guest Member means
the Member that stays at the Host Member’s Residence during the Exchange.
Host Member means
the Member that offers their Residence for a stay during the Exchange.
Intellectual Property Rights means
all intellectual property rights, including current and future registered and
unregistered rights in respect of copyright, designs, circuit layouts, trade
marks, trade secrets, know-how, confidential information, patents, invention
and discoveries and all other intellectual property as defined in Article 2 of
the Convention establishing the World Intellectual Property Organisation 1967.
Listing means
any Residence described on the Platform published by a Member using the
Platform’s listing function, and includes any User Content used to describe
such Listing.
Member means
any person who registers on the Platform and, by doing so, accepts this
Agreement.
Membership means a
Member’s registration on or subscription to the Platform, and includes that
Member’s account details, User Content and Listings located on the Platform.
Moral Rights means
the right of attribution of authorship, the right not to have authorship
falsely attributed and the right of integrity of authorship, as defined and as
set out in Part IX of the Copyright Act
1968 (Cth), and any corresponding rights that exist or that may come to
exist in the Commonwealth of Australia and anywhere else in the world.
Privacy Policy is the People Like Us
Privacy Policy, available at https://peoplelikeus.world/privacy.
Related Body Corporate is defined in the Corporations Act 2001 (Cth).
Residence means
any residential real property (including campers, mobile homes, boats, and
other impermanent structures), which a Member has the legal right to offer via
the Platform.
Security Incident means
the loss, corruption, interference, attack or other intrusion of the Platform.
Services means any
service rendered by People Like Us to a Member through the Platform, whether
free or subscription-based.
User Material means any
information, content or data (including illustrations and photographs) that you
upload or otherwise submit to the Platform.
15.
CONTACT US
If you have any questions about this Agreement, you
can contact us via the Contact Us form on the Platform, or email drew@peoplelikeus.world.
SCHEDULE 1: MEMBER AGREEMENT
1.
ABOUT
THIS AGREEMENT
This
agreement is between a Host Member and Guest Member conducting an Exchange through
the Platform (“Member Agreement”).
This
Member Agreement comprises: (a) the terms set out in this document; and (b) any
additional terms agreed in writing between the Host Member and Guest Member.
If
there is an inconsistency between a provision in a part of this Member Agreement
listed above, then the provision in the part listed first prevails to the
extent of the inconsistency.
2.
CREATION
OF MEMBER AGREEMENT
This Member Agreement comes into
effect in accordance with clause 6.2 of the Service Terms & Conditions
(“Commencement Date”).
3.
EXCHANGES
The Host Member grants the Guest Member a
personal and limited licence to access and use the Residence for the Exchange
Term in accordance with the terms of this Member Agreement. The parties
acknowledge and agree that this Member Agreement is a licence agreement with
respect to the Residence, and is not a lease.
4.
TERM
This
Agreement commences on the Commencement Date and continues for the Exchange
Term, unless earlier terminated in accordance with its terms.
5.
OBLIGATIONS
Each
of the Guest Member and the Host Member acknowledge and agree:
(a)
that People Like Us is not a party to
this Member Agreement, and is not liable or responsible for the acts or
omissions of either party, or the acts or omissions of any third party;
(b)
to comply with all applicable laws;
(c)
to compensate the other party for any
loss or damage that the other party suffers as a result of a claim brought by a
third party against the other party resulting from the first party’s breach of
this Member Agreement;
(d)
to act reasonably and in good faith in
respect of this Member Agreement;
(e)
not to provide any false or misleading
information;
(f)
not to use language that is
inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful,
likely to offend, insult or humiliate others based on ethnicity, race, gender,
sexuality, age or any disability or otherwise vilifies any person or incites
violence or hatred;
(g)
not to defame, abuse, stalk, harass,
threaten or otherwise violate the legal rights of others, including rights
relating to privacy and publicity; and
(h)
not to infringe any Intellectual Property
Rights or Moral Rights of any person.
6.
HOST
MEMBER OBLIGATIONS
The
Host Member must:
(a)
make the Residence available for the
Guest Member’s use for the agreed Exchange Term;
(b)
inform the Guest Member of any property
conditions or issues arising after the Commencement Date that may affect the Exchange;
(c)
ensure that the Residence is clean, tidy,
safe, compliant with all laws, and in the same condition or better as
advertised in the Listing (including photographs) at the time the Guest Member
takes possession of the Residence for the Exchange; and
(d)
effect and maintain all appropriate
insurance policies, with the appropriate limits, to cover all risks arising out
of or in connection with an Exchange, including to cover loss or damage to
property, whether malicious or otherwise, and such other insurances it is
required to effect and maintain by law or other legally binding requirements.
7.
GUEST
MEMBER OBLIGATIONS
The
Guest Member:
(a)
must not permit any person to enter,
access, use or stay, whether directly or indirectly, in the Residence during
the Exchange Term who has not been approved by the Host Member;
(b)
is responsible and liable for any person
that enters, accesses, uses or stays in the Residence during the Exchange Term,
whether approved or otherwise;
(c)
must not use, or permit the use of, the
Residence for any unlawful purposes, whether directly or indirectly;
(d)
must maintain the Residence in a clean
and tidy condition, and treat it with care and respect;
(e)
is liable for all damage to the Residence
during the Exchange Term;
(f)
must notify the Host Member of any damage
to the Residence during the Exchange Term within 24 hours of such damage
occurring;
(g)
on the Host Member’s request and without limiting
the Host Member’s other rights or remedies, must promptly pay the Host Member
for all repairs or replacements resulting from any damage to the Residence
during the Exchange Term;
(h)
must vacate and leave the Residence on
the expiry of the Exchange Term, or on such earlier date as agreed with the
Host Member, and must ensure that the Residence is returned in the same
condition that the Residence was in when the Guest Member arrived;
(i)
must permit the Host Member the right of
re-entry to the Residence, where reasonably required by the Host Member or as
otherwise permitted by law; and
(j)
must effect and maintain appropriate
insurance (for example, travel insurance) to cover all liability of the Guest
Member arising out of or in connection with this Agreement.
8.
WARRANTIES
Each
party warrants that the entry into this Members Agreement, or the performance
of its obligations under this Members Agreement, will not infringe any other
person’s rights, or breach any obligation that party owes to another person;
9.
DISCLAIMER
AND LIMITATION OF LIABILITY
9.1 Disclaimer
The
parties acknowledge and agree that they enter into an Exchange entirely at their
own risk. This disclaimer does not purport to limit liability or alter consumer
rights that cannot be excluded under applicable law, including the Australian
Consumer Law.
9.2
Limitation of Liability
Neither party is liable for any indirect,
special and consequential loss, loss of revenue, loss of profits, loss of
business opportunity, loss of goodwill, any economic loss of any kind, and loss
or corruption of data, in each case, arising from or in connection with this Member
Agreement.
Notwithstanding any other provision of this
Member Agreement, the Host Member’s liability will be reduced to the extent the
loss or damage is caused by the Guest Member, the Guest Member’s
representatives or any invitees to a Residence invited by the Guest Member.
9.3
Australian Consumer Law
If the Australian Consumer Law applies, each
party’s liability for failure to comply with a consumer guarantee is limited
to: (a) in the case of goods supplied to you as part of the services under this
Agreement, the replacement of the relevant goods or the repair of the goods, or
the payment of the cost of replacing the goods or of acquiring equivalent
goods; and (b) in the case of services supplied to you as part of the services
under this Agreement, the supply of the relevant services again, or the payment
of the cost of resupplying the services.
10.
TERMINATION
10.1 Automatic termination
If the parties vary the terms of an Exchange, then
such variation will result in the automatic termination of this Member
Agreement and the creation of a separate Member Agreement pursuant to the
Service Terms & Conditions.
10.2
Termination for convenience
A party may cancel the Exchange and terminate this Member
Agreement without cause, on notice to the other party, if an
event beyond that party’s reasonable control occurs, despite that party having
taken reasonable precautions to prevent the occurrence of such event, and such
event prevents that party from undertaking the Exchange during the Exchange Term.
The terminating party must give the other party as
much notice as possible of a termination under this clause 10.2. Both
parties must work together in good faith to minimise the impact of a
cancellation and termination pursuant to this clause 10.2.
10.3
Termination for cause
A party may cancel the Exchange and terminate this
Member Agreement for cause if:
(a)
the other party commits a breach of this
Agreement, and that breach is incapable of remedy;
(b)
the other party commits a breach of this
Agreement that is capable of remedy, and does not remedy that breach within 7
days of the party issuing a notice of that breach to the breaching party;
(c)
the other party regularly or habitually
commit breaches of the same provision of this Agreement, whether or not they
are remedied, or commits a significant number of breaches which are not
remedied; and/or
(d)
where either party has an express right
to do so under any provision of this Agreement.
10.4
Consequences
of Termination
On termination (for any reason) of this Member
Agreement:
(a)
the Guest Member’s licence to access and
use the Residence immediately terminates; and
(b)
if this Member Agreement is terminated
during the Exchange Term, the Guest Member must immediately vacate the
Residence.
10.5 Survival
Expiration
or termination of the whole or any part of this Member Agreement does not
prejudice any right or liability that accrued to a party before the date of
such expiration or termination.
Clauses
1 (About this Agreement), 9 (Disclaimer and Limitation of Liability), 10.4
(Consequences of Termination), 11 (Dispute Resolution), 12 (General) and 13
(Definitions) continue to apply after expiration or termination of this Member
Agreement, as does any other clause that, by its nature, is intended to survive
such expiry or termination.
11.
DISPUTE
RESOLUTION
If either party has any issue or dispute with the
other party, the disputing party agrees to contact the other party and attempt
to resolve the dispute in good faith before initiating any formal proceedings.
Notwithstanding
the existence of a dispute, the parties to the dispute will continue to abide
by this Member Agreement.
12.
GENERAL
12.1 Governing
Law
This
Member Agreement is governed by, and must be construed in accordance with, the
laws applicable in the State of New South Wales, Australia. Both parties submit
to the exclusive jurisdiction of the courts of New South Wales and the
Commonwealth of Australia in respect of all matters arising out of or relating
to this Agreement, their performance and subject matter.
12.2 Interpretation
In this Member Agreement:
(a)
a reference to a statute, code or other
law includes regulations and other instruments under it and consolidations,
amendments, re-enactments or replacements of any of them;
(b)
a reference to a party includes a
reference to the party’s executors, administrators, successors and assigns;
(c)
the singular includes the plural, and
vice versa;
(d)
“includes”, “including”, “for example”,
“such as” and similar terms are not words of limitation;
(e)
a reference to a “person” includes a
natural person, corporation, statutory corporation, partnership, the Crown, and
any other organisation or legal entity, and their permitted novatees, permitted
assignees, personal representatives and successors; and
(f)
clause headings in this Agreement are
inserted for convenience only, and do not affect the interpretation of this
Agreement.
12.3 Severability
To the extent that any part of this Member Agreement
is illegal, invalid, void, voidable or unenforceable, then that part shall be
severed from this Member Agreement and the remaining parts of this Member
Agreement will continue in full force and effect.
12.4 Waiver
of Rights
A right created by this Member
Agreement may only be waived in writing by the party giving the waiver. Any
failure to exercise or any delay in exercising a right or remedy provided by
this Member Agreement or by law does not waive the right or remedy.
A waiver of a breach of this
Agreement does not waive any other breach.
12 5 Force
Majeure
If an event beyond a party’s
reasonable control (“Force Majeure Event”) causes that party to be unable to perform or be
delayed in performing an obligation under this Agreement, that obligation is
suspended for so long as it is prevented or delayed by the Force Majeure Event,
but only if the affected party has taken reasonably precautions to prevent the
Force Majeure Event from occurring and/or otherwise to mitigate the effect of
the Force Majeure Event.
12.6. No Relationship
Nothing in this Agreement will
be taken to constitute either party as an employee, agent, partner or joint
venturer of the other party. Neither party is authorised to represent themselves
as acting, nor is authorised to incur any obligation, on behalf of the other
party.
13.
DEFINITIONS
Capitalised
terms used in this Agreement have the meaning as defined in this Member
Agreement.
In
this Agreement:
Commencement Date is the
date the parties agree to enter into an Exchange, in accordance with clause 6.2 of
the People Like Us Service Terms & Conditions.
Exchange means
a Residence exchange entered into between a Host Member and a Guest Member in
accordance with this Agreement.
Exchange Term means,
for an Exchange and a Member Agreement, the term of that Exchange and Member
Agreement, commencing on the date the Member Agreement is created, and ending
on the date the Exchange is completed, unless earlier terminated in accordance
with the terms of that Member Agreement.
Guest Member means
the Member that stays at the Host Member’s Residence during the Exchange.
Host Member means
the Member that offers their Residence for a stay during the Exchange.
Listing means
any Residence described on the Platform published by a Member using the
Platform’s listing function, and includes any information used to describe such
Listing.
Member Agreement means
this agreement, as amended from time to time in the manner set forth herein.
Platform means
the website, Services, mobile applications or other software provided by People
Like Us.
Residence means
any residential real property (including campers, mobile homes, boats, and
other impermanent structures), which a Member has the legal right to offer via
the Platform.
Services means
any service rendered by People Like Us to a Member through the Platform,
whether free or subscription-based.
Service Terms & Conditions means
the People Like Us Service Terms & Conditions.