Terms and Conditions

Agreement

Welcome to http://www.yourhomemyhome.com.au (“Website”), operated by Your Home My Home Pty Ltd. Our Website provides a service which introduces house sitters and home owners for house sitting assignments (“Service”).

By using the Website including any postings, emails, messages and other communications made to or using the Website, you accept and agree to be bound by these terms and conditions of use as may be amended from time to time (“Agreement”) without notice to you. If you do not agree to be bound by this Agreement, do not use the Website or the Services.

This Agreement applies to the Website and Service provided by Your Home My Home Pty Ltd any of its affiliates, subsidiaries and/or parent companies from time to time (collectively referred to as “the Company”).

Eligibility

  1. You must be eighteen years of age or over to use this Website as a house sitter or home owner.
  2. By using this Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
  3. You must only use this Website for personal use and may not use this Website in connection with any commercial enterprise.

Agreements Between Users

  1. Any house sitting agreement entered into and any transaction completed with any house sitter or home owner introduced via the Website, is between the relevant parties, and you hereby acknowledge that the Company is not a party to such agreement.
  2. The Company does not endorse or approve any house sitter or home owner who has listed on or otherwise used this Website.
  3. Because the Company is not a party to any agreement between users, in the event you have a dispute with a house sitter / home owner, you release the Company, its officers, directors, employees, agents and partners from claims, demands and damages of every kind and nature, arising out of or in any way connected with such disputes or from the use of this Website.
  4. You agree to execute a house sitting agreement with your selected house sitter or home owner. The agreement should detail the terms, duration and obligations of each of the parties during the house sitting arrangement.

Liabilities and Disclaimer

  1. Your use of the Website is at your own risk.
  2. The Website, and its content, are delivered on an “as is” and “as available basis” without any warranties of any kind.
  3. The Company does not 'screen' or vet anyone who lists any content on the Website.
  4. All users listed on the Website are independent of and not in any way to be considered employees or agents of the Company. The role of the Company is that of an introduction agency, to introduce home owners and house sitters with a desire to look after people’s homes.
  5. The Company makes no express or implied representations or warranties as to the accuracy, reliability or completeness of any content posted or transmitted on the Website or otherwise transmitted to any user of the Website by any other means, by any person. The Company shall not be liable in respect of the performance of this Website or the information, content or profiles of home owners or house sitters posted on this Website, including but not limited to any inaccuracies or omissions. You are responsible to check all claims and information provided by the users that you contact.
  6. The Company does not accept any responsibility for and makes no endorsement, warranty or representation as to the qualifications or credentials of any person listed with our service.
  7. To the full extent permitted by law, the Company, its servants and agents will not be responsible for any loss or damage of any kind whatsoever arising out of or in connection with the Company’s provision of the Service or the Website (unless caused by the wilful or negligent act or omission of Company, its servants or agents). Without limiting the foregoing, the Company shall not be liable for any loss, damage, costs or expense of any kind (including indirect or consequential loss or damage) arising from:
    1. the use of or inability to use the Website or the Services;
    2. your reliance upon the Website or the Services;
    3. the content of the Website, including without limitation any damages related to the truth, accuracy or completeness of any information posted about a house sitter or house owner advertised on this Website;
    4. damage to property resulting from a house sitting assignment; or
    5. damage caused to your computer, software and data thereon, service interruptions or procurement of substitute services.

Indemnity

You agree to indemnify and keep the Company indemnified from any claims, liabilities, costs, expenses, responsibility and damage (including legal fees and costs on a solicitor own client basis) arising directly or indirectly out of or in connection with the Website and the Company’s provision of the Services, including, but not limited to, in respect of:

  1. this Agreement (except as and to the extent prohibited by law);
  2. your use or misuse of this Website or your breach of this Agreement;
  3. any dispute between users;
  4. any claims relate to infringement by you of the intellectual property rights of any person including the Company;
  5. your breach of any applicable laws, rules or regulations;
  6. any content posted by you.

Breach

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice, or ability to access, the Website, upon breach by you of this Agreement or the Privacy Policy, or if the Company is unable to verify or authenticate any information submitted by you on the Website.

Website content

  1. The Company reserves the right, but has no obligation, to monitor the content or information submitted on the Website. The Company has the right to remove any content at any time and for any reason. Notwithstanding this right of the Company, you remain solely responsible for the content of the materials you post.
  2. You must not post onto the Website, transmit to other users, communicate any content (or links thereto), or otherwise engage in or encourage any activity when using the Website that:
    1. is intended to or has the effect of bullying, threatening or intimidating any other users of the Website;
    2. is defamatory, unlawful, offensive, false or misleading, explicit, profane, fraudulent or otherwise objectionable;
    3. is intended to or has the potential to defraud or deceive other users of the Website;
    4. interferes with other users or potential users’ enjoyment of the Website;
    5. uses scripts, bots or other automated technology to access the Website or Services;
    6. uses the Website for chain letter, junk mail or ‘spam’ e-mails in contravention of the Spam Act 2003 (Cth);
    7. collects, harvests, solicits or disseminates or otherwise discloses another person’s personal information including e-mail addresses and contact details without their consent for commercial or unlawful purposes;
    8. is in any way used for or in connection with spamming, phishing, trolling, or similar unlawful activities.

Intellectual Property

  1. To the fullest extent provided under Australian copyright law, the Company owns and retains all intellectual property rights in and relating to the Website including all copyright in the text, images, graphics, user interface, and other content provided on this Website and the selection and organisation of such content.
  2. By using this Website, you warrant that any content that you post or transmit on the Website, or otherwise transmit to any other member of the Website by any other means, will not infringe the intellectual property rights of any third party.
  3. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on this Website, or otherwise transmitted to any user of the Website, other than their own content, without the express written permission of the relevant owner.

Membership Fee

If you wish to advertise on the Website as a house sitter you acknowledge that an annual fee is payable.

The membership fee is non-refundable once payment has been paid even where you have simply changed your mind, you did not find a house sitting assignment, the home owner did not contact you or the home owner removed the advertisement.

House sitters are able to suspend their memberships for a period of 30 days provided that accounts cannot be suspended during a house sitting assignment.

Insurance

Home owners hereby warrant and agree that they will have a valid public liability insurance policy in place for the duration of any house sitting assignment.

The Company recommends that home owners ensure that they familiarise themselves with the terms of their public liability insurance policy to ensure that it is not invalidated by the home owner vacating the property and having the property minded by a house sitter in their absence.

The Company also recommends that home owners have an adequate home contents and building insurance in place.

For the avoidance of doubt, the home owner and house sitter hereby release and indemnify the Company from and against and all damages, loss, cost, expense or claims in respect of any house sitting assignment arising out of any:

  1. damage, loss or theft of personal property;
  2. damage to the home; and
  3. injury, loss, damage or death of the house sitter or its invitees whether arising at common law, in equity, or under statute or otherwise.

Change of Fees

The Company reserves the right to change its fees at any time.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to these terms.

General

  1. The laws of Australia govern these terms and conditions.
  2. By accessing this Website and using the Services, you consent to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access.
  3. If any terms of this Agreement are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms of this Agreement will continue to apply.
  4. Failure of the Company to enforce any of the provisions set out in this Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of this Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Privacy Policy

The Company is committed to protecting your privacy. This privacy policy outlines our approach to privacy and how we collect, use and protect your personal information. It also sets out your rights in relation to accessing the personal information we collect and hold about you. We are bound by the Australian Privacy Principles (or APP's) in the Privacy Act 1988 (Cth) (Act). The Australian Privacy Principles (APPs) in the Act are to be applied and complied with by the Company’s staff in relation to the collection, retention, use and disclosure of personal information.

What Personal Information Do We Collect And Hold

We may collect the following types of personal information:

  • name;
  • mailing or street address;
  • email address;
  • telephone number;
  • age or birth date;
  • profession, occupation or job title;
  • details of the Services you have used via our website or which you have enquired about, together with any additional information necessary to deliver those Services and to respond to your enquiries; and
  • any additional information relating to you that you provide to us directly through use of our Website or online presence through our representatives or otherwise.

How We Collect and Use Information

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

  • through your access and use of our Website;
  • by telephone, letter, fax or email;
  • during conversations between you and our representatives;
  • by subscribing to our Services or listing on our Website;
  • by requesting information from us; and
  • completing surveys or providing feedback.

Your personal information may be used to:

  • verify your identity;
  • communicate with you including informing you of communication with other users via the Website;
  • assist you to subscribe to the Services or list on the website;
  • to provide you with access to protected areas of the Website;
  • provide, manage and enhance the Services you require;
  • to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of the Agreement of use or that you are or have been otherwise engaged in any unlawful activity;
  • to administer the Services, including billing, charging and collecting debts;
  • inform you of ways the Services provided to you could be improved;
  • research and develop Services;
  • to process and respond to any complaint made by you;
  • promote and market the Services to you (including by direct mail, telemarketing, SMS and MMS) to keep you informed of the Company’s Services and special officers;
  • to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.

Direct Marketing

We may send you direct marketing communications and information about our Services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

We do, however, respect your wishes if you do not wish to receive such material from us in the future. At any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our Website. We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.

Sensitive Information

Sensitive information typically relates to a person’s membership of political associations or trade unions, religious affiliations, sexual orientation or practices, racial or ethnic origin, health information, medical and genetic history or criminal record.

We ask that you not send us nor disclose to us any sensitive personal information on or through the Website or otherwise.

If, however, we do hold any sensitive information, such information will be used and disclosed only for the purposes for which it was provided, unless you agrees otherwise or the use or disclosure of this information is allowed by law.

Cookies

When you interact on our Website, we may send a “cookie”, which is a small amount of information sent to your computer or other device to enable it to be recognised. We may also use cookies to measure website traffic data so that we can research our users’ habits and improve our Website and Services. Our cookies do not identify you as an individual or collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the Website, track users movements, and gather broad demographic information.

Disclosure of Your Information to Third Parties

We may disclose your personal information to:

  • our employees, related bodies corporate, contractors or external service providers for the operation of our website or our business, fulfilling requests by you, and otherwise provide Services to you, including without limitation, web hosting providers, IT systems administrators, payment processors, data entry service providers, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants;
  • our existing or potential agents, business partners or joint venture entities or partners;
  • our sponsors, or promoters of any competition that we conduct or promote via our website;
  • specific third parties authorised by you to receive information held by us;
  • the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of the Agreement, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
  • as required or permitted by any law (including the Act).

Third Party Websites

Our Website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Where is Your Personal Information Stored

We take all reasonable steps to protect all of the personal information we hold from misuse, loss and interference and from access, alteration or disclosure which is unauthorised. Your personal information will be stored on a password protected electronic database, which is maintained by a third party server provider. Your personal information will stay on the database indefinitely until you advise you would like it removed, unless we de-identify it or destroy it earlier in accordance with privacy law requirements.

Hard copy information is generally stored in our offices, which are secured to prevent entry by unauthorised people. Any personal information not actively being used is securely archived, usually for 7 years.

Billing Information

This Website integrates with PayPal for all billing purposes. We do not store billing/financial information in our database. All payments are processed securely via PayPal, not through our website.

Updating Information and Contacting the Website

You may ask us to update, correct or delete the personal information we hold about you at any time. We will take all reasonable steps to verify your identity before granting access or making amendments or deleting your information. We also have obligations to take reasonable steps to correct personal information we hold when we are satisfied that it is inaccurate, outdated, incomplete, irrelevant or misleading for the purpose for which it is held.

If you have any questions about this privacy policy, the practices of this Website, or your dealings with the Website, you can contact the Website Administrator, details below. We will treat your requests or complaints confidentially.

Website Administrator
Your Home My Home Pty Ltd
hello@yourhomemyhome.com.au

Privacy Breach

If you have any concerns, complaints or you think there has been a breach of privacy, then also please contact our Website Administrator. If we then have not dealt satisfactorily with your concerns we will meet with you to discuss further.

If you are not satisfied with our response to your complaint within 30 days from this meeting then you can refer your complaint to the Office of the Australian Information Commissioner via:

Acceptance of Privacy Policy

Your use of our Website, including any dispute concerning privacy, is subject to this privacy policy and the Agreement.

Any changes we may make to our privacy policy in the future will be posted on this page and will be effective from the date of posting. Your continued use of any section of our Website following posting of the updated privacy policy will constitute your acceptance of the privacy policy as amended.

Effective Date

This privacy policy was last revised on 17 December 2014