Terms of Use (last updated Dec 1, 2015)

1. Users of the Website

(a) If you use homekoala.com to browse or search private listings seeking accommodation or a prospective tenant to fill vacant accommodation:

i. you are solely responsible for making your own assessment of the accommodation or user in any listing or any user who has uploaded the listing and their suitability for your needs. homekoala.com will not provide any information about any users who have uploaded a listing and will not assist you in any way in making your assessment by, for example, conducting any background checks that may be appropriate in respect of such users; and

ii. you should inspect the accommodation the subject of any listing and meet with any prospective tenants or co-tenants the subject of any listing (as applicable) and/or the prospective landlord before making a decision whether or not to apply to rent or sub-rent any such accommodation;

iii. You are not allowed to use any of the services on homekoala.com to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way.

(b) homekoala.com.au does not make any representation or provide any warranty in respect of the content of any listing, of any user of the website or any accommodation or users the subject of a listing including, without limitation, any representation or warranty in respect of the suitability or behavioural characteristics of a user as a landlord, co-tenant or prospective landlord or co-tenant of any accommodation the subject of a listing or the condition of any such accommodation;

(c) homekoala.com does not inspect any accommodation the subject of a listing;

(d) homekoala.com does not check, either by itself or through an independent third party, the truth, accuracy or completeness of any content or the accuracy of any location details available in respect of a listing including, without limitation, location details provided by use of Google’s Google Maps service.

2. User-uploaded listings

If you create a listing on homekoala.com, it is your responsibility to:

(a) Ensure that such listings are accurate and correct;

(b) Ensure that such listings are up-to-date at the uploaded time and are kept up-to-date for the duration of the time they are available on homekoala.com;

(c) Ensure that the listings are removed as soon as reasonably practical after either

i. The accommodation the subject of the listing has been withdrawn from rent or after you have filled the vacancy for the accommodation, whichever is earlier, or

ii. the person identified in the listing is seeking accommodation has found accommodation and no longer needs to seek accommodation or no longer needs accommodation for whatever reason, whichever is earlier, and

iii. you are solely responsible for making your assesment of any user who contacts you in relation to any listing and their suitability for the vacancy the subject of the listing or the suitablity of accomodation (as applicable) homekoala.com will not provide any information about any such users or assist you in any way in making your assessment by, for example, conducting any background checks that may be appropriate in respect of such users;

(d) Ensure that each property listing only advertises one property. homekoala.com reserves the right to remove your listing if it determines that you have breached this rule;

(e) homekoala.com may remove listings in its sole and absolute discretion if it determines that such listing has been inactive for a reasonable period of time;

(f) homekoala.com does not make any representation or provide any warranty in respect of any user of the website including, without limitation, any representation or warranty in respect of the suitability, behavioural characteristics of or creditworthiness of a user as a tenant or prospective tenant of any accommodation the subject of a listing;

(g) Ensure that while using homekoala.com to offer rent accomodation, you are not allowed to use our services to provide, aid, abet, procure counsel or assist another person to provide, encourage, solicit or entice the provision of any services of a sexual nature for monetary or non-monetary consideration;

(h) Ensure that homekoala.com will not be used to create, host or transmit any defamatory, offensive, obscene or pornographic material or engage in activities which woud cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed or sex.

3. Private tenancy agreements

homekoala.com is not a party to any contract, arrangement or understanding between users relating to the renting of accomodation by one user to another user or users. As such, homekoala.com does not act for or on behalf of, and is not the agent for any user of the website.
homekoala.com will also not:

(a) Get involved in any dispute between users in relation to the content of any listing or any contract, arrangement or understanding between users relating to the renting of accommodation by one user to another user or users;

(b) Collect rent or bond or facilitate the payment of rent or bond between users;

homekoala.com may make data relating to accomodation rental prices available based on historical data collected from listings but does not set, or provide any parameters within which to set, the price at which accomodation if offered for rent in any listing.

4. Fees and Payment

Some services provided by Homekoala may be subject to fees. We will always provide clear indication for services that may incur a fee. Should there be a change in pricing for active services or subscriptions, we will send you an advance notice via email.
In the case of your payment being made via third-party gateway services, you will be responsible for complying with any terms and conditions and charges imposed by the third-party service providers in connection with payment gateway services they provide to facilitate your online payments. Without affecting any limitation or exclusion of liability elsewhere in the “Terms of Use”, Homekoala will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with your use of any third-party payment gateway services.

5. Accounts

To upload content, you must register by providing certain information to homekoala.com including but not limited to your name, email address and your mobile telephone number. Alternatively, you may also wish to register using your social networking site (“SNS“) accounts.

(a) You represent and warrant that you are the account holder for the mobile telephone number provided to homekoala.com.

(b) You must:

i. be 18 years or older or over the age of majority in the jurisdiction from which you access the homekoala.com;

ii. if you are under 18 years or under the age of majority in the jurisdiction from which you access homekoala.com, have the permission or consent of one of your parents or legal guardians, to register an account and/or upload content to the website and you represent and warrant at the time of registering your account that you are 18 years or older, over the age of majority in that jurisdiction or otherwise have the permission or consent of one of your parents or legal guardians.

(c) You represent and warrant that the information you provide to homekoala.com to open an account is true and correct. If, at any time during the term of your account, any of that information ceases to be true and correct, you undertake to notify homekoala.com of the change to that information as soon as is reasonably practicable;

(d) Any personal information you provide to homekoala.com will be treated in accordance Homekoala’s Privacy Policy available here: homekoala.com/privacy;

(e) You may not use another user’s account, or allow anyone else to use your account, without Homekoala’s express prior written permission;

(f) You are solely responsible for any activity which occurs on your account;

(i) You must keep your account details, including your password and verification details, secure at all time and must immediately notify homekoala.com of any breach, or any suspected breach, of the security of or unauthorised access to your Account.

6. Termination

If providing the service to you results in risk or possible legal exposure for us, homekoala.com may, in its absolute discretion, suspend or terminate your Account if:
you breach or violate any term or condition of these Terms and Conditions of Use; or in Homekoala’s sole opinion, your ongoing use of the service will bring, or may bring, the reputation of homekoala.com into disrepute or cause Homekoala to be in breach of an applicable law.
In such an event, data provided by you to us may be deleted or used for legal purposes. You will also remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to using the services provide by Homekoala.

7. Disputes

As Homekoala is headquartered in Singapore, our “Terms of Use” shall be construed in accordance with and governed by the laws of Singapore. Any disputes or claims relating to this Agreement will be subject to the exclusive jurisdiction of the Singapore Courts.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USEOF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH HOMEKOALA, IS AT YOUR SOLERISK. HOMEKOALA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SERVICES. HOMEKOALA DO NOTREPRESENT OR WARRANT THAT MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLEFOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

9. Limitation of Liability

IN NO EVENT SHALL HOMEKOALA, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANYINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OFDATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OF THE SERVICES AND THE MATERIALS IN HOMEKOALA.
SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND, TO THE EXTENT PERMITTED BY LAW, HOMEKOALA, ITS AFFILIATES, ADVERTISERS, OR DATAPROVIDERS LIABILITY SHALL ONLY BE LIMITED TO THE RE-SUPPLY OF THE MATERIALS AND THE SERVICES.

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