People Like Us Home Exchange: Service Terms & Conditions
Welcome to People Like Us Home Exchange!
This agreement is between People Like Us Home Exchange Pty Ltd, ACN 637 558 199 (“People Like Us”, “we”, “us” and “our”) of 57 Brentwood Avenue WARRAWEE NSW 2074 Australia, 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 and must not access the Platform.
You acknowledge and agree that if you sign up for a Premium Membership, your Premium Membership will continue to renew indefinitely, and you will continue to incur Membership Fees, unless you notify us that you want to cancel your Premium Membership in accordance with clause 13. You must contact us if you want to cancel your Premium Membership. If you sign up for a Trial Membership, you acknowledge and agree that it will transfer to a Premium Membership at the end of the Trial Membership period as set out in clause 5.5, in which case Membership Fees will be incurred.
Disclaimer: Our Terms and Conditions are provided in
English. If you have any questions about their meaning or interpretation,
please contact us for clarification. While you may use a reliable translation
service if needed, please note that the English version is the authoritative
version. In the event of any discrepancies or inconsistencies between a
translated version and the English version, the English version will take
precedence.
We may amend this Agreement, including the Fees, from time to time. We will keep you informed of any changes by posting the amended Agreement 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. Where we amend the Fees, we will provide you with notice in accordance with clause 6.1 (f). 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 provided by the Platform. The Platform is used to facilitate this process, but only provides infrastructure enabling Members to list and exchange their Residences, where such Exchanges are governed by a separate agreement between you and another Member.
(a) People Like Us will ensure that the Platform is provided to you with due care and skill, and by suitably qualified personnel.
(b) While we use our best endeavours to ensure the Platform is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) The Platform may have errors or defects (or both, as the case may be);
(ii) The Platform may not be accessible at all times;
(iii) Messages sent through the Platform may not be delivered promptly, or delivered at all;
(iv) Information you receive or supply through the Platform may not be secure or confidential; and
(v) Any information provided through the Platform may not be accurate or true.
(c) We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(d)
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).
You may only use the Platform and/or become a Member if:
(a) you are at least 18 years old; and
(b) you have a Residence that you will make available through the Platform as a Listing for other Members to obtain in accordance with this Agreement;
(c) you create a Listing of such Residence at the time you register to be a Member;
(d) you are a natural person (for example, you are not a company, trust, partnership or other similar legal entity); and
(e) you satisfy all the other requirements (including restrictions) set out in this Agreement, and as otherwise notified by us.
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 Membership may be terminated by us at that time.
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.
You must register with the Platform to become a Member. As part of the registration process, you will need to:
(a) select a Trial or Premium Membership and pay the applicable Membership Fee;
(b) sign-up, register and receive an account through the Platform (an “Account”)
(c) provide us with your personal details, including (as applicable) your name, email address, residential address, profile photo, and details of yourself and any co-host; and
(d) upload 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) to (d) above, or any other eligibility criteria or restrictions set out in this Agreement, then we may reject your registration application to be a Member or terminate your Membership.
Once you have successfully created an Account, you may create profile on the Platform (“Profile”).
As part of our Services, People Like Us will provide the following:
(a) (Welcome and Initial Support) Upon registration, People Like Us will evaluate your Profile and send you a personalized message through the Platform to provide initial guidance, and offer feedback on your Profile.
(b) (Profile Review and Recommendations) People Like Us will review your Profile, including photos, descriptions, details, calendars, and desired destinations and provide you with any constructive feedback and recommendations to help improve your Profile and increase your chances of success.
(c) (Follow-up and Progress Checks) People Like Us will follow up with you approximately one week after your registration to review your progress. During this follow-up, People Like Us will check that you are engaging with the Platform effectively by sending and responding to enquiries, and utilizing the tools and resources available to you.
(d) (Access to Member Support) Throughout your Membership Term, you will have access to People Like Us’ Member Support team for assistance with any questions or issues. People Like Us encourages you to seek support proactively to resolve concerns and improve your experience.
(together the “Member Experience Service”).
Disclaimer: While People Like Us strives to provide
the Member Experience Service as described above, People Like Us does not
guarantee that all Members will receive the same level of service or that
follow-ups will occur in all instances. You acknowledge and agree that no
compensation or remedy is available to you in the event that People Like Us does
not perform any part of the Member Experience Service, including but not
limited to missed evaluations, follow-ups, or feedback.
You must not:
(a) submit more than one Membership registration application for yourself, whether directly or indirectly;
(b) register to be a Member multiple times; and
(c) create a Membership or Account for any person other than yourself.
When signing up as a Member, you will need to select a Membership tier (“Membership Tier”).
The Platform offers various Membership Tiers, including a Trial Membership and Premium Membership. Rights and restrictions for each Membership Tier are set out on the Platform.
(a) (Trial Membership) A Trial Membership:
(i) gives you limited access to the Platform (as set out on the Platform);
(ii) is available for a limited duration (as set out on the Platform);
(iii) does not require any payment during the Trial Membership period, with the first Membership Fee to be charged immediately after the earlier of:
a. expiry of the Trial Membership; or
b. when an Exchange is accepted,
c. via the pre-authorised payment method;
(iv) requires a valid payment method and pre-authorisation of the Membership Fee at the time of registration;
(v) will terminate if the payment method is removed, in which case your access to the Platform will also end.
(b) (Premium Membership) A Premium Membership is any other Membership Tier that offers various access and use rights to the Platform for a Membership Fee.
(a) Your Membership commences on the date you sign up for a Membership and continues for the Membership Term and any Renewal Terms applicable, unless terminated earlier in accordance with clause 13.
(b) Subject to clause 5.6 (c), upon expiration of the Membership Term, this Agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Membership Term (“Renewal Term”).
(i) you cancel your Membership by following the cancellation process available on the Platform at any time before the Renewal Date; or
(ii) People Like Us provides you with written notice of cancellation at least 7 days prior to the Renewal Date.
(d) At least 7 days prior to the expiry of the Renewal Date, we will provide you with advanced written notice of the agreement renewing and any applicable changes to the Membership Fees or this Agreement (“Renewal Notice”).
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 Member Agreement (Schedule 1) 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) that you are the cardholder of the credit or debit card used to pay the relevant Membership Fee;
(h) not to pay for the Services through any fraudulent or unlawful means;
(i) to comply with the People Like Us community values (as notified by us from time to time, including via social media channels);
(j) to comply with all applicable laws, including any applicable export control laws, in all relevant jurisdictions;
(k) 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;
(l) 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;
(m) to only publish or communicate information (including photographs) that you have all necessary rights to;
(n) not to infringe any Intellectual Property Rights or Moral Rights of any person;
(o) to only depict individuals in photographs with their consent;
(p) not to provide any false, incomplete or misleading information, including information provided in your personal details, on a Listing, or elsewhere on the Platform;
(q) not to provide any fake review of an Exchange, or encourage any other Member to provide such a fake review;
(r) 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;
(s) not to intimidate, defame, abuse, stalk, harass, impersonate, endanger, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity;
(t) not to send or publish material containing sexual acts, nudity, pornography or that is of a violent nature;
(u) not to use the Platform to sell or advertise any goods or services;
(v) not to use the Platform to send unsolicited commercial, or otherwise inappropriate, communications;
(w) 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;
(x) not to solicit or encourage any Member to join any other home exchange provider;
(y) not to use the Platform to offer a Residence or Globe for rent or financial compensation;
(z) 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;
(aa)not to transfer your Membership to another person;
(bb)not to share your Membership with another person including adult (over 18) non-dependant children;
(cc)to keep a Premium Membership current for the duration of all Exchange Terms agreed on the Platform; and
(dd)not to act in any way that may harm the reputation of People Like Us or associated or interested parties or do anything at all contrary to the interests of People Like Us or the Platform.
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.
(a) A Premium Member may nominate one (1) other Member as their “Partner Member”. The Partner Member does not need to be a Premium Member.
(b) When a Partner Member is nominated, the nominating Member becomes the “Primary Member” in this relationship.
(c) Partner Members inherit limited Premium Membership privileges for the duration of the Primary Member’s Membership Term as follows:
(i) a Partner Member may view Listings with Premium Membership access privileges;
(ii) a Partner Member cannot create Listings or Exchanges;
(iii) a Partner Member cannot nominate an additional Member to become a Partner Member.
(d) The Partner Membership is only valid while the Primary Member’s Premium Membership remains active.
(e) Primary Members are fully responsible for the conduct of their Partner Members while using the Platform.
(f) Partner Membership privileges are non-transferable.
People Like Us reserves the right to change the privileges and access rights of Partner Members from time to time.
(a) The Platform includes a messaging feature that is designed to assist Members to communicate with each other through the Platform (“Messaging Service”).
(b) 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.
(c) You are solely responsible for all communications made through the Messaging Service.
(d) All messages sent through the Messaging Service must comply with any terms set out in this Agreement.
(e) You acknowledge and agree that People Like Us does not assess, verify or guarantee the accuracy of any information provided by Members via the Messaging Service.
(a) (Member Support): We will use reasonable efforts to provide general online support to Members where necessary (“Member Support”).
(i) To request Member Support, a Member must contact us through the “Member Support” page on the Platform or by emailing the nominated email contact on that page.
(ii) While People Like Us will endeavour to respond to all requests for Member Support, People Like Us does not guarantee to rectify any or all issues, nor does it promise to do so by a certain timeframe. You will not have any claim for delay to access to the Platform due to any failure or delay in People Like Us providing Member Support.
(b) (Assistance for cancellation of Exchanges) In limited circumstances, People Like Us may, at its discretion, assist Members in finding a replacement Exchange following the cancellation of an Exchange. While People Like Us will use its best efforts to facilitate a replacement, it does not guarantee that a replacement Exchange will be found. People Like Us will not be liable for any costs, expenses, or losses incurred by the Member as a result of the cancellation or failure to secure a replacement Exchange.
(a) People Like Us operates multiple Facebook groups (“Facebook Groups”) to provide forums where Members may communicate with each other.
(b) People Like Us reserves the right, at its sole discretion, to determine access to the Facebook Groups, including restricting access to certain groups based on Membership Tiers or other conditions. Members may be required to connect their Facebook profiles to the Platform accounts to access specific Facebook Groups.
(c) People Like Us reserves the right to remove Members or non-Members from any Facebook Group or to delete any Facebook Group at any time without notice.
(d) Access to Facebook Groups is not included as part of your Membership, and no refunds of the Membership Fee will be provided if you are removed from any Facebook Group.
(e) By participating in a Facebook Group, you agree to comply with this Agreement and any other applicable terms, including Facebook Terms of Service, which are available here: https://www.facebook.com/legal/terms. If you do not agree to Facebook Terms of Service, then you must not access the Facebook Group.
(f) Access to specific Facebook Groups may be restricted to Premium or Trial Members only. Members who no longer meet these criteria, such as upon the expiration of their Premium or Trial Membership, will be removed from these groups.
(a) Following the Exchange Term, you may submit a review and/or feedback of your experience during the Exchange (“Feedback”), which will be published on the Host Member’s Profile.
(b) You must only provide true, fair and accurate information in your Feedback.
(c) People Like Us does not guarantee the accuracy of any Feedback and does not review the information contained within Feedback.
(d) We reserve the right, at our sole discretion, to remove any Feedback published on the Platform, including but not limited to reviews or feedback that violate this Agreement or is deemed inappropriate.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Feedback and disclaim any liability arising from them.
(f)
You agree not to submit any Feedback that is
defamatory, offensive, or in violation of applicable laws or this Agreement.
You must keep your Account 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 Account 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 Account details have been subject to unauthorised use or have otherwise been compromised.
The Platform may provide a Mentor Service where experienced Members (“Mentors”) offer advice and guidance to new Members (“Mentor Service”). The Mentor Service is intended to support new Members in navigating the Platform and improving their engagement. Participation in the Mentor Service is voluntary, and the advice provided by Mentors is based on their personal experience and opinions. People Like Us does not verify or endorse the advice given and is not responsible for any actions taken based on such advice. Members are encouraged to use their judgment and seek additional information as needed.
(a) You must pay us the applicable Membership Fee.
(b) All Membership Fees must be paid in advance and are non-refundable for change of mind.
(c) Unless otherwise agreed in writing, the Membership Fees are due and payable on a recurring basis for the duration of your Membership, with the first payment being due on the first day of the Membership Term (or immediately after the expiry of any applicable Membership Trial period) and at the beginning of every Renewal Term thereafter.
(d) Subject to clauses 6.1 (e) and (f):
(i) your Premium Membership will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel in accordance with this clause 6.
(ii) while your Premium Membership is maintained, your Membership Fees will continue to be debited at the beginning of each Renewal Term from the payment method you nominated when you registered for an Account.
(iii) by signing up for a recurring Membership, you acknowledge and agree that your Membership has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Membership.
(g) Unless otherwise indicated, all prices are listed in United States Dollars, and all Membership Fees exclude Taxes.
(h) Members shall be solely responsible for the payment of all applicable taxes resulting from the Member’s use of the Platform. People Like Us shall in no way be liable for any Member bank or credit card fees or charges relating to the Member’s payment for the Services via the Platform.
The People Like Us Services and any other paid Services billed to a member by People Like Us are not considered digital services. These Services are therefore not subject to VAT based on the place of consumption. Any taxes that may apply will be calculated based on People Like Us’ place of business. Nevertheless, if a conflicting rule in a state having jurisdiction over the place where services are effectuated applies, the paid Service may be billed by People Like Us with the VAT of the paying Member’s applicable jurisdiction. This VAT will be collected by People Like Us and remitted to the relevant local taxing authority.
(a) We may use third-party online payment partner, currently Stripe (“Online Payment Partner”) to collect Membership Fees.
(b) Provided we have notified you of such Third Party Terms and provided you with a copy of those terms, you acknowledge agree that:
(c) the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found here: https://stripe.com/au/legal/consumer
(i) you release us and our personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment; and
(ii) we reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
(d) You have the right to reject any terms and conditions of the Online Payment Partner. If you reject those terms, we cannot provide you with the Membership and clause 13 will apply.
You must have an active Listing in order to participate in an Exchange, including for Non-Reciprocal Exchanges.
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, the presence of stairs or any other mobility factors;
(d) any deficiencies of the Residence or restrictions on the use of the Residence;
(e) any cleaning and/or local home exchange tourist tax 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 as co-Hosts, a Residence must only appear on the Account of one Member.
People Like Us reserves the right to deactivate Member Listings for any breach of the Member Agreement. Such deactivation shall not entitle the Member to a refund of any part of the Membership Fee.
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.
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 (“Member Agreement”) and any other additional terms that are agreed by those Members in relation to that Exchange ( “Additional Terms”) (collectively, the “Exchange Agreement”). Each Exchange Agreement continues for the Exchange Term, unless earlier terminated in accordance with its terms.
You must ensure that any Additional Terms do not conflict with either the Member Agreement or this Agreement.
The Host Member and Guest Member agree that People Like Us is not a party to the Exchange 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.
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 Exchange 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 Exchange Agreement, and you are liable for any failure by you or your representatives to do so.
Repeated Exchange cancellations may result in termination of your Membership by People Like Us.
You can use a Globe to organise a Non-Reciprocal or Hospitality Exchange. A Globe is a token that can be exchanged for a stay in a Residence, where the Guest Member does not wish to offer their own Residence in exchange.
You cannot purchase a Globe. You can only receive a Globe from us at our discretion, or from another Member for an Exchange that you host.
A Globe may not be transferred to another Member without an Exchange taking place.
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 Exchange Agreement. When the Globe is received by the Host Member, the Host Member may immediately use the Globe to organise an Exchange using that Globe with another Member.
Globes will be generated and allocated by People Like Us at our sole discretion.
A Globe may only be received, transferred and stored by Premium Members.
A Globe will only expire if your Premium Membership expires or is terminated.
People Like Us reserves the right, at our discretion, to retain an expired Globe following Membership expiration or termination and offer it to the Member should Premium Membership recommence at a later date. People Like Us is under no obligation to retain expired Globes.
If an Exchange is cancelled by the Guest Member, the Globe is forfeited to the Host Member.
If an Exchange is cancelled by the Host Member, the applicable scenario below applies:
(a) 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 original Guest Member;
(b) if a further Exchange between the Host Member and a third 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;
(c) 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, and we will give the other available Globe to the original Guest Member; and
(d) if a further Exchange using the Globe has been finalised and agreed to, the Globe will remain with the third Member, and we will generate a new Globe and give the new Globe to the original Guest Member. The Host Member will owe People Like Us a Globe, and when a Globe Exchange is next arranged, the Host Member’s new Globe will be automatically forfeited and returned to People Like Us.
(a) A Globe is not legal tender, credit or debit cards or securities, and has no monetary value.
(b) 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.
(c) You may not purchase or sell a Globe. You may not transfer a Globe to another Member without an Exchange with that Member.
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.
(a) 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.
(b) All materials, text, images, software, code, sounds, applications and other content located on the Platform, or otherwise provided by People Like Us (“Platform Content”), is owned or licensed by People Like Us. Other than your User Material, you must not copy, modify or transmit the Platform Content without written permission from People Like Us.
(c) 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.
(a) By providing or posting any User Material on the Platform, you represent and warrant that:
(b) you are authorised to provide the User Material;
(i) the User Material is accurate and true at the time it is provided;
(ii) any User Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(iii) the User Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(iv) the User Material is not “passing off” of any product or service and does not constitute unfair competition;
(v) the User Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(vi) the User Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(vii)the User Material does not breach or infringe any applicable laws.
(c) You grant People Like Us a world-wide, royalty-free, perpetual, irrevocable, transferrable and non-exclusive licence (including the right to sublicences) to:
(d) use, reproduce, modify, adapt, communicate, display, perform, store and distribute the 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);
(i) create statistics, databases and compilations for use by People Like Us and third parties; and
(ii) permit any person to assist People Like Us to do any of the things referred to in this paragraph.
(e) 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.
(f) 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.
By using the Platform, you agree to comply with our Copyright Policy, as amended from time to time, which outlines your obligations regarding copyright compliance and the consequences of infringement. Please review the policy carefully as it forms part of these terms. You can access the current version of our Copyright Policy here: https://peoplelikeus.world/copyright.
(b) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 9. Where a Verification Service is used, you acknowledge and agree that:
(c) we may contact and share your personal information with a Verification Service to verify your details;
(i) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(d) (Verification Service Terms) A copy of the Verification Service’s terms and conditions can be found here: Stripe Verification Terms. By using the Verification Service, you agree to comply with the terms and conditions provided by the Verification Service. If you do not agree to these terms, you will not be able to complete the verification process.
(e) (Warranty and Indemnity) You acknowledge and agree that:
(i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable Member;
(ii) you should make your own inquiries as to other Members’ identities before engaging in contracts with those Members;
(iii) the completion of the Verification Service does not guarantee that a Member is trustworthy, suitable, or compliant with any legal obligations. You are responsible for exercising your own judgment when engaging with other Members;
(iv) we act solely as an intermediary in the verification process and are not responsible for any issues arising from the Verification Service; and
(v) we do not endorse any Member, Exchange or Verification Service.
You acknowledge and agree that you access and use the Platform entirely at your own risk.
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.
The limitations and disclaimer in this clause 12 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 12.3 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.
(a) To the maximum extent permitted by law and subject to clause 12.2 (b) the total liability of each party in respect of loss or damage sustained by the other party in connection with this Agreement is limited to the greater of:
(i) the total Membership Fees paid to us by you in the 6 months preceding the date of the event giving rise to the relevant liability; or
(ii) $100.
(b) Clause 12.2 (b) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 5, 6, 10 and 16.
(c) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this Agreement or any goods or services provided by us, except:
(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
(d) Notwithstanding any other provision of this Agreement, our liability will be reduced to the extent the loss or damage is caused by you, your representatives or any invitees to a Residence where you are a Guest Member.
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.
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 Exchange Agreement and any scheduled Exchange are immediately terminated, and any Globes that you have accumulated will be forfeited.
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 seven days of People Like Us issuing a notice of that breach to you;
(c) you repeatedly breach the same provision of this Agreement three or more times within a 12-month period, regardless of whether such breaches are remedied, or you commit five or more distinct breaches within a 12-month period, where those breaches remain unremedied after notice requiring rectification is provided;
(d) you cancel two Exchanges 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.
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 forfeited.
A violation of this Agreement will result in closure of your Account and the termination of Premium Membership without entitlement to any refund, even partial.
Expiry 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.
Each party must comply with all obligations that are by their nature intended to survive the
end of this Agreement.
(a) You should direct any complaint relating to another Member to that Member. Members must take all reasonable steps to resolve any dispute with another Member with that Member.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant Member, or if the complaint does not relate to another Member, you must report it to People Like Us via Member Support. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) If a resolution cannot be reached through good faith discussions, People Like Us may elect to assist with the dispute through mediation or other alternative dispute resolution mechanisms.
(d) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(e) People Like Us has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(f) If you have a dispute with People Like Us, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings (other than for urgent interlocutory or other relief).
(g) Notwithstanding any other provision of this clause 14, you or People Like Us may at any time cancel your Account or discontinue your use of the Platform.
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms. Current Third Party Terms that may apply to your use of the Platform include:
(c)
Stripe:
https://stripe.com/au/legal/consumer ;
(i) Stripe Verification Services: Stripe Verification Terms;
(ii) Facebook Terms of Service: https://www.facebook.com/legal/terms
(d) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.
You agree that:
(a) no information owned by People Like Us, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform and of the Exchange are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
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.
People Like Us may perform all or any part of its obligations under this Agreement outside Australia.
This Agreement constitutes the entire agreement between the parties about its subject matter.
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.
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.
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.
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.
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.
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.
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 17.10, 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.
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 Membership Fees), that obligation is suspended for so long as it is prevented or delayed by the Force Majeure Event.
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.
Capitalised terms used in this Agreement have the following meaning:
Account has the meaning given to it in clause 5.2 (b).
Additional Terms has the meaning given to it in clause 7.2.
Agreement means these Service Terms & Conditions, as amended from time to time in the manner set forth herein.
Trial Membership is the lowest tier of Membership and does not require a Membership Fee.
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 an Exchange Agreement, the term of that Exchange Agreement, has the meaning given to it in clause 7.2.
Facebook Group has the meaning given to it in clause 5.11.
Feedback has the meaning given to it in clause 5.12.
Force Majeure Event is defined in clause 17.11.
Globe is defined in clause 8.
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.
Grace Period has the meaning given to it in clause 6.1.
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 Material used to describe such Listing.
Member means any person who registers on the Platform and, by doing so, accepts this Agreement.
Member Agreement is defined in clause 7.2.
Member Experience Service has the meaning given in clause 5.3.
Membership means a Member’s registration on or subscription to the Platform, and includes that Member’s account details, User Material and Listings located on the Platform.
Membership Fee means the fee applicable to the relevant tier of Premium Membership, as set out on the Platform, and varied by us from time to time.
Member Support has the meaning given in clause 5.10.
Membership Term means the period of your subscription as a Member as agreed via the Platform.
Membership Tier has the meaning given to it in clause 5.5.
Mentors has the meaning given to it in clause 5.14.
Mentor Service has the meaning given to it in clause 5.14.
Messaging Service has the meaning given to it in clause 5.9.
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.
Online Payment Provider has the meaning given to it in clause 6.2.
Partner Member means any Member who is the nominated partner of another member.
Platform means the website, Services, mobile applications or other software provided by People Like Us.
Platform Content has the meaning given to it in clause 10.1.
Premium Membership means a subscription-based tier of Membership, other than Trial Membership.
Primary Member means any Member who has nominated another Member as their Partner Member.
Privacy Policy is the People Like Us Privacy Policy, available at https://peoplelikeus.world/privacy.
Profile has the meaning given to it in clause 5.2.
Renewal Date has the meaning given to it in clause 5.6.
Renewal Notice has the meaning given to in clause 5.6.
Renewal Term has the meaning given to it in clause 5.6.
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.
Service Terms & Conditions means the People Like Us Service Terms & Conditions.
Services means any service rendered by People Like Us to a Member through the Platform, whether free or subscription-based.
Taxes means taxes, levies, imposts, charges and duties imposed by any authority, together with any related interest, penalties, fines and expenses in connection with them, but does not include any such items imposed on, or calculated having regard to, our net income.
Third Party Terms has the meaning given to it in clause 15.
User Material means any information, content or data (including illustrations and photographs) that you upload or otherwise submit to the Platform.
If you have any questions about this Agreement, you can contact us via email to legal@peoplelikeus.world.
SCHEDULE 1: MEMBER 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.
This Member Agreement comes into effect in accordance with clause 7.2 of the Service Terms & Conditions (“Commencement Date”).
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.
This Agreement commences on the Commencement Date and continues for the Exchange Term, unless earlier terminated in accordance with its terms.
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 suffered 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 intimidate, defame, abuse, stalk, harass, impersonate, endanger, 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.
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.
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 is permitted to enter, access, use or stay 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 any wilful 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 wilful 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
Each party warrants that the entry into this Member Agreement, or the performance of its obligations under this Member Agreement, will not infringe any other person’s rights, or breach any obligation that party owes to another person.
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.
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.
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.
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.
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.
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.
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.
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.
Each party must comply with all obligations that are by their nature intended to survive the
end of this Member Agreement.
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.
If a resolution cannot be reached through good faith discussions, People Like Us may elect to assist with the dispute through mediation or other alternative dispute resolution mechanisms. Notwithstanding the existence of a dispute, the parties to the dispute will continue to abide by this Member Agreement.
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.
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.
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.
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.
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.
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.
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 7.2 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 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.
Force Majeure Event is defined in clause 12.5 of this 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.
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 information used to describe such Listing.
Member Agreement means this agreement, as amended from time to time in the manner set forth herein.
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.
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.
Service Terms & Conditions means the People Like Us Service Terms & Conditions.
Verification Service has the meaning given in clause 11(a).
Last Updated: 1 January 2025