Last Updated: 2 October 2019

People Like Us Home Exchange: Online Customer Services Agreement

 

Welcome to People Like Us Home Exchange!

1.              ABOUT THIS AGREEMENT

This agreement is between Woodfin Consulting Pty Ltd, ABN 65 079 471 668, trading as People Like Us Home Exchange (“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.

3.              THE PLATFORM

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;

(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       Termination of Membership

You may terminate your Membership on notice to People Like Us. On the date of such termination, you and the relevant Member to an Exchange each agree that such Exchange and the relevant Member Agreement is immediately terminated on such date of termination. Any Globes that you have accumulated will be cancelled on the date of termination.  

5.10     Fees

No fees are currently payable for Exchanges, however People Like Us may introduce a paying Membership program.

6.              HOME EXCHANGE

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.

6.5       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.              GLOBE EXCHANGE

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.

We may limit the use of Globes from time to time on notice to you (which may be through the Platform). If we introduce a paid subscription Membership model, then you may only use a Globe if you obtain a paid Membership subscription.

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.

9.              INTELLECTUAL PROPERTY

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.

10.2     Limitation of Liability

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.

We are not 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 Agreement.

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.

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.

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.           TERMINATION

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.

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; or

(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.