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Vacant Moments – Property Owner terms and conditions

NOTE: The following terms and conditions apply to the use of the Vacant Moments web site only. In no way do these terms and conditions apply to your own property's operational terms and conditions or the terms and conditions, or fees and charges between you and your clients.

By displaying your property details and rates with Vacant Moments Pty Ltd ("Vacant Moments") you (the "Property Owner" or your representative(s)) agree to the following terms and conditions.

1. Definitions

  1. Fees and Prices: means the fees, prices, Vacant Moments charges you to list your property/s on Vacant Moments. They do not relate to the fees, prices that you charge your clients.
  2. Material: means text, graphics, photos, other media and/or other information you provide for the purposes of advertising a property on Vacant Moments.
  3. Our, Us, We, Vacant Moments: means Vacant Moments Pty Ltd, ABN 76 107 638 193.
  4. You, Your, Owner: means the person or company who represents themselves as being the registered proprietor, agent, manager or administrator of a property.

2. Terms and Amendments

  1. Vacant Moments reserves the right to change these terms and conditions and the amount we charge at any time. All Property Owners registered with Vacant Moments at the time of such changes will be advised of the changes. The changes will become effective upon publication of the notice.
  2. Where we vary the prices for Services, we will give at least 14 days notice of the change, and the new prices will apply at the end of that period.
  3. From time to time Vacant Moments may run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Vacant Moment’s discretion.

3. Property Owner Responsibilities, Warranties and Indemnities

  1. You bear sole responsibility for the accuracy and validity of all property information displayed.
  2. You warrant that you own, or, that you are licensed and will continue to be licensed to hold all rights, including intellectual property rights, in the Material displayed in your listing. Vacant Moments takes no responsibility for any copyright infringements by you.
  3. You grant Vacant Moments a worldwide, royalty-free, perpetual, license to use, and reproduce the Material for any purpose, including posting the Material on Vacant Moments or one of our subsidiary sites and you warrant that you have the authority to grant this license to Vacant Moments.
  4. You agree to respond to all booking requests and information requests made by customers and to honour all bookings confirmed by you.
  5. You warrant that no information displayed will be either misleading or offensive.
  6. All Vacant Moments booking and information request notifications will be sent to your nominated email address(es). It is your responsibility to inform Vacant Moments without delay of any changes to that email address(es).
  7. You agree to keep the login password secure and you will make no claim for any loss or damage direct or indirect arising out of or connected with any unauthorised use of your user id or password.
  8. You agree that the password is given to you in complete confidence. This must not be disclosed to any other party without prior written consent from Vacant Moments.
  9. You indemnify Vacant Moments against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
    1. your breach of these terms;
    2. your use or misuse of the Service;
    3. the use or misuse of the Service by any person using your account; and,
    4. publication of defamatory, offensive or otherwise unlawful material.

4. Payment

  1. You agree to pay all listing fees as notified to you by Vacant Moments in accordance with Vacant Moments' published prices. Where a billing option does not specify otherwise, all fees are payable within 14 days of the date of invoice (whether electronic or paper invoice).
  2. No refunds will be given for unused portions of payments in advance unless the account has been terminated due to Vacant Moment’s breach of these terms and conditions.

5. Vacant Moment’s Warranties and Liabilities

  1. Vacant Moments does not warrant that your access to the above mentioned site will be secure or uninterrupted. Vacant Moments will not be liable for any loss resulting from you relying on the security, uninterrupted supply of information or access on the web site.
  2. Vacant Moments must perform scheduled maintenance to databases from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers.
  3. Vacant Moments accepts no liability for any direct, indirect or consequential loss caused to you by inaccurate information supplied by you and displayed on the Vacant Moments web site and you agree to indemnify Vacant Moments in respect of any claims arising there from.
  4. All Vacant Moments booking and information request notifications will be sent to your nominated email address(es). Vacant Moments accepts no responsibility for email notifications that are delayed or not delivered.
  5. Vacant Moments may have provided the initial means of contact between you (the Property Owner) and the Site User, but it takes no responsibility for any transaction entered into between you and the site user. Vacant Moments is in no way responsible for the conduct of the Site User, should they place a booking. Vacant Moments is not responsible for the non-payment by a Site User, the state in which the property is left, or the damage, which may be done to the property.
  6. It is the responsibility of the Property Owner to finalise and confirm bookings as promptly as possible. Vacant Moments cannot be held liable for any problems that may arise including, but not limited to, failure of the booking.

6. Suspension and Termination of Service

  1. Vacant Moments reserves the right to refuse to display any Property Owner’s details or remove all details from Vacant Moments web site without giving reason.
  2. We may from time to time without notice suspend the Service or disconnect or deny your access to the Service.
    1. During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
    2. If you fail to comply with any provision in this agreement (including failure to pay charges due), until the breach (if capable of remedy) is remedied.
      Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
  3. If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion.
  4. Vacant Moments reserves the right to refuse to supply services to a potential customer who has previously had its account with Vacant Moments terminated for breach.
  5. Vacant Moments may without notice to you remove, amend or alter your data upon being made aware of:
    1. any claim or allegation; or
    2. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, misleading, defamatory, offensive or in breach of a third party's rights.
  6. Vacant Moments reserves right to remove you for violating any of these terms and conditions without notice and without refund.
  7. If your account is closed you must pay all outstanding charges immediately and we may delete all Property Data from the web site.

7. Copyright

  1. This web site is the property of Vacant Moments. In joining web site the Property Owner obtains no rights to the software, databases, hardware and other infrastructure and facilities used by Vacant Moments to deliver the Service.
  2. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this web site without the written permission of Vacant Moments.

8. Miscellaneous

  1. You grant Vacant Moments a license to use and reproduce all Property Owner data in order to fulfil its obligations under this agreement. In this agreement "Property Owner data" means all information, data, text, logos, images, and/or content in any form that forms part of the Property Owner’s property information or emails.