Terms of Use

The HolidayPaws.com.au website is owned and operated by Holidaypaws Pty Ltd, ABN 83 607 256 771.

 

Whether you are a property owner or agent for property owners (an "Advertiser") placing advertisements on www.holidaypaws.com.au ("our site") or a person using our site other than to advertise holiday homes (a "Holidaymaker"), by accessing or using our site you agree to be bound by these terms and conditions ("Terms of Use") in relation to both Advertisers and Holidaymakers use of our site.

Please read the Terms of Use thoroughly before using our site. By using our site, you indicate that you accept the Terms of Use. Please do not use our site if you do not agree to the Terms of Use.

Information about us

Our site is operated by Holidaypaws Pty Ltd trading as holidaypaws.com.au ("we", "us", "our"). We are registered in Australia under ABN 83 607 256 771 and have our registered office at 217 Middle Boambee Rd, Boambee NSW 2450, Australia.

We are an advertising service for Advertisers and an accommodation search facility for Holidaymakers. We do not own, inspect or provide content for any of the properties advertised on our site. Advertiser shall be responsible for ensuring that it has all necessary rights, licences and authorisations to rent property.

Except in relation to adverts allowing online booking where we may act as an agent in order to facilitate payments to enable transactions between Advertiser and Holidaymaker, we have absolutely no involvement in the booking process or transaction. We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the Holidaymaker to pay for the rental.

Material on our site

All copyright, database rights, trade marks and design rights in our site and in the material published on it belong to us, our licensors or our Advertisers.

You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

You may forward material from our site to third parties by using the 'Send to Friend' tool. By using this tool you confirm that you have obtained prior consent to receiving material from our site from any third parties to whom you send material.

Advertisers, Holidaymakers or any other person shall not use our site for any marketing or advertising purposes which are not permitted by us. Any such use of our site shall, in our discretion, result in us refusing to list any property and/or discontinuing the ability of the person infringing this provision from using our site.

Your safety

Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Direct contact between Advertisers and Holidaymakers in relation to a booking may not occur and so you must therefore proceed with care and judgement when using our site.

Claims

Any contract for the rental of any property listed on our site is directly between an Advertiser and a Holidaymaker (each a "Booking Contract") and we are not a party to that contract.

In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Advertiser on our site must be brought directly against that Advertiser and not against us.

We may provide an online payment platform, giving you the ability to make online payments to Advertisers via PayPal, credit card, debit card or other payment options. We may change or withdraw such platform at any time without notice in our sole discretion.

Although we may provide the technical platform to enable such payments, we are not responsible for the payment solutions themselves and we still are not a party to the contract between you and the Advertiser. In particular, we are not responsible for any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or that transaction. You shall not hold us liable for any losses you suffer as a result of making an online payment to an Advertiser. If you need customer support in relation to an online payment, you should contact PayPal or your bank or credit card provider (as applicable).

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our online payment platform to make payments to Advertisers, in particular any claims from Advertisers, PayPal or other payment solution providers resulting from your actions or omissions.

Our limitation of liability and responsibility

We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers. We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.

While we require Advertisers to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a Holidaymaker or another Advertiser, we have no control over the accuracy of any advertisement or the capacity of any Advertiser to make a booking with a Holidaymaker.

As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from:

  1. any reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Advertisers, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with a property listed on our site;
  2. the act or omission of the Advertiser or any failure of the Advertiser to perform or comply with any of the terms of the contract between the Advertiser and you, including a failure to provide the property on the requested date (whether due to a double-booking or otherwise), or a failure to provide the property in the condition or with the amenities that such property was advertised on our site;
  3. any loss of or damage to personal possessions at a property; or
  4. any incident or occurrence which takes place at a property.

Although we will do our best to prevent intentional misuse of our site and the dissemination of harmful programs via our site, we will not be liable for any loss or damage caused by any intentional misuse of our site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site.

If we are in breach of these terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site up to the value of the fees (if any) that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) as a result of our breach of contract or negligence or otherwise.

This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.

If you consider any of the content of any videos, photographs or any other material posted on our site by any Advertiser to be offensive, discriminatory, defamatory or libellous or otherwise inappropriate ("Inappropriate Content"), please notify us of such content by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate.

Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide whether to remove such content from our site.

Please send details of any content which you consider to be Inappropriate Content to us:

By email to: support@holidaypaws.com.au.

By post to: Holidaypaws Pty Ltd, 217 Middle Boambee Rd, Boambee NSW 2450, Australia.

Copyright Complaint Policy - Infringement Notification:

If you believe in good faith that materials hosted on our site infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying us that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):

  1. A clear identification of the copyrighted work you claim was infringed.
  2. a clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our site, such as a link to the infringing material;
  3. your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
  4. include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
  5. include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. and
  6. the notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on our site should be emailed or mailed to Holidaypaws Pty Ltd.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney's fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Repeat Infringer Policy

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion Advertisers or Holidaymakers access to our site who are deemed to be repeat infringers. We may also at our sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Interruptions in our service

Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any on-going obligation or responsibility to operate our site or any particular part of it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

No partnership or joint venture

Nothing in these Terms of Use or in your use of our site creates, or is intended to establish, any partnership or joint venture between us.

Contractual Relationship

We act as agent for the Advertiser for the facilitation of payments in relation to booking transactions through our site and for purposes of onward distribution of your advertisements. Except for this agency relationship, nothing in this Advertiser Agreement or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and the Advertiser.

For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our site.

As between the Holidaymakers and us, nothing in this Advertiser Agreement or in their use of our site creates, or is intended to establish, any agency relationship, partnership or joint venture between us and Holidaymakers.

Law and jurisdiction

This Advertiser Agreement is governed by law of New South Wales, and the courts of Australia and New South Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).

You agree to comply with all applicable laws, statutes and regulations concerning your use of our site. Each and every booking carried out on, or as a result of use of, our site is deemed to be completed within Australia and therefore shall be governed by and interpreted in accordance with the law of Australia and New South Wales.

Events beyond our control

We will not be in breach of this Advertiser Agreement, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If a provision of this Advertiser Agreement (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of this Advertiser Agreement will not be affected.

Variations

We may revise this Advertiser Agreement or Booking Contract template at any time by amending the applicable web page or by publishing notices elsewhere on our site.

Notices

Any notices that you wish to send us should be emailed to support@holidaypas.com.au. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.