Terms & Conditions
We provide value-added Services to Hosts and Guests who have arranged the short term use of residential and other property. Our Services are principally provided through third party booking agents and hosting platforms (such as Airbnb, FlipKey, Stayz etc.) on behalf of the Host although we do provide specific services to Guests independently. Our Services include providing marketing and rental management of properties on behalf of owners or authorised tenants of properties. In doing so we are able to provide concierge services and advice to guests or travellers staying with Guests at these properties, which may include introducing a Guest to a third party vendor of products or services.
“you” or “your” refers to any user of our Website or our Services and includes where the context permits a Host or Guest.
1 Key Terms
Authorised Tenant means a non-owner Host that has the authority to rent a Property.
Data includes all information or data submitted by you or on your behalf via the Admin Portal, the Website, the Software or otherwise.
Guest means a guest who enters into an agreement to rent Property from a Host principally through a Hosting Platform and includes invitees of that Guest while at the Property.
Guest Services means concierge services and advice to guests or travellers staying with guests at these properties, which may include introducing a Guest to a third party provider.
Host means an owner or Authorised Tenant of a Property and who is using the Host Services in connection with the listing and rental of a Property principally through a Third Party Platform.
Host Services means marketing and rental management of Property’s on behalf of Hosts.
Hosting Platform means either a third party booking agent or hosting platform (including the Software and Hosting Platform provided by Own Better or its related bodies corporate), where Guests can view advertising and information about Property’s, and connect to Hosts who have Property’s with a view to entering into Rental Agreements.
Products means goods or services offered for sale by a Third Party Vendor or Own Better.
Property means a residential or other property that is rented or offered for rent by a Host to a Guest and includes any furniture, furnishings or amenities provided within the Property.
Rental Agreement means an agreement between the Host and the Guest for the letting of Property.
Services means the Guest Services, the Host Services and may include the use of the Software, as the case may be.
Software means any mobile applications, administrative codes, application programming Interfaces (API’s), plug-ins or other software Own Better makes available to you, and includes any interfaces, applications and Admin Portals made available in connection with the use of any specific software programs.
Third Party Vendor means an independent supplier goods and or services which is recommended or referred by us. User is an individual who access the Website or is authorised by to use or access the Software.
Users can be but are not limited to your employees, contractors, agents and any third party you invite to use the Software.
2.1 For Host Services provided by Own Better to the Host:
(a) The relevant Special Conditions contained in the Host Services Agreement entered into between the Host and Own Better; and
2.2 For Guest Services provided by Own Better to the Guest:
(a) The relevant Special Conditions in the Guest Services Agreement entered into between the Host and Own Better (if any); and
2.3 For the provision of Property by a Host to a Guest:
(b) The relevant Special Conditions contained in the Rental Agreement entered into between the Host and the Guest directly (if any); and
(c) The relevant Special Conditions applied by the relevant Hosting Platform for Property’s booked on that platform (if any).
2.4 For Products provided by a Third Party Vendor introduced by Own Better:
(b) The relevant Special Conditions entered into between the Third Party Provider and the Guest directly (if any).
- How our Services Work 3.1 Unless otherwise agreed by us in a separate written agreement with you:
(a) Own Better’s responsibilities are limited to assisting Hosts with optimizing the listing and booking of Property’s and providing Guest Services.
3.2 Host Services: Own Better provides Host Services to Hosts that enter into a Host Services Agreement with us. This Host Services Agreement governs how Own Better assists Hosts with preparing and properly marketing their Property’s, which may include:
(a) suggesting an optimal price for the listing of a Property;
(b) Helping Hosts by interacting with potential Guests to answer questions and arrange a stay;
(c) Managing Check-in’s, Check-out’s and property inspections
(d) Arranging professional vendors to provide management services before, during and after the Guests stay, including scheduling professional cleanings, property maintenance and handling unexpected events such as lockouts;
(e) Providing a centralised dashboard via the Website or Software to allow Hosts to set preferences, listing terms and to monitor and manage their listings;
(f) Assisting Hosts with marketing their listings by publishing listings on multiple Hosting Platforms.
(a) you are responsible for all appointed Users’ use of the Software;
(b) Own Better may suspend or terminate your use of the Software at any time including but not limited to any non-payment of any fees due to Own Better; and
As a condition to you using the Software:
(d) You must:
(f) You and each of your invited Users must, and must ensure that they, comply with any rules, regulations, guidelines or similar documentation posted or otherwise made available by Own Better in respect of the Software.
(g) The provision of, access to, and use of, the Software is on an “as is” basis and at your own risk.
3.5 For Products provided by Third Party Vendors, that Third Party Vendors special conditions will apply to the Products supplied. Your use of any information or materials pertaining to Products is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any Products, made available through Third Party Vendors meet your specific requirements and that you have entered in to appropriate terms of supply with those Third Party Vendors. In some instances Own Better will receive a commission or other benefit for referring a Guest to a Third party Vendor.
(a) Own Better does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials for any particular purpose which is found or offered on or through a Hosting Platform, by the Host or by a Third Party Vendor. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability whether under contract or negligence for such to the fullest extent permissible by law.
(b) Own Better is not a real estate broker, nor is it an owner or provider of property, transportation, travel services or other Products provided by Third Party Vendors;
(c) Short-term holiday accommodation is not covered by the Residential Tenancies Act 2010 (NSW);
(d) While Own Better is a licensed agent under the Property, Stock and Business Agents Act 2002 (NSW), this license applies to limited Services we provide on select occasions to our Hosts only. Own Better is not a party to any Rental Agreement between a Host and a Guest;
(e) Own Better does not and cannot control the content contained in any listing or the condition, legality or suitability of any Property’s;
(f) Own Better does not control and is not responsible for the compliance with any laws by the Guest, the Host, a Third Party Vendor or any Hosting Platform;
(g) While we make every effort to conduct background and identity checks of our Hosts and Guests, Own Better is not responsible for any errors or misidentification of the identity, or for the behaviour, of Hosts or Guests or for establishing the nature, condition or suitability of a Property;
(h) To the extent a Host requests a security or damage deposit from a Guest, this is paid directly to and or held in escrow solely for the benefit of the Host. These monies are not held in trust by Own Better and it is up to the Host to provide you with a receipt. Own Better does not become involved in the payment or return of damage deposits, you should be aware that return of these amounts is based on the Host’s terms and conditions and is at their sole discretion. In most cases security deposits are only refunded in full once the Guest has vacated the Property free of damage and in accordance with the Rental Agreement;
(i) Your use of any information or materials on this Website our Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, Services or information available through us or this Website meet your specific requirements;
(j) This Website or in the provision of Service we may, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites; and
(k) As more specifically set out in the Section 9.2 (Limitations of Liability), Own Better is not responsible for and disclaims any and all liability related to any and all listings and Property’s to the maximum extent permitted by law. Bookings will be made at the Host’s and Guest’s own risk.
4 Commissions and Payments
4.1 Host Services: We receive payment for Host Services from the Host as set out in the Host Services Agreements.
4.2 Guest Services
(a) The base level of the Guest Services we provide as agent for an on behalf the Host are set in the Rental Agreement, which are paid for by the Host.
(b) To the extent a Guest requires additional Guest Services (beyond those set out in the Rental Agreement), these will be subject a separate Guest Services Agreement between the Guest and us, for which we will receive payment directly from the Guest.
(c) To the extent we refer the Guest to a Third Party Vendor for the purchase of Products supplied by that Vendor, it is the Guests responsibility to enter into a separate agreement with that vendor for the provision and payment of those Products. In some instances, Own Better receives a commission from a Third Party Vendor for referred Products.
4.3 Damage Repairs and Cleaning:
(a) Each Guest shall be responsible for the cost of repair for damage to, or necessary cleaning of the Property in accordance with the Rental Agreement. In the absence of any terms in the Rental Agreement, the Guest Responsibilities set out in Section 5 shall apply.
(b) In the event of damage of any additional amenities provided by us as part of the Guest Services, the Guest Responsibilities will apply.
(c) We reserve the right to facilitate payment for the reasonable cost of such repair, replacement or cleaning whether for our own account, on behalf of the Host or Third Party Vendor, using your payment method designated in your Guest Services Agreement, Rental Agreement or your agreement with the Vendor. Your credit card details will be held as security and such amounts for repair, replacement or cleaning will be deducted with a charge in accordance with the damages and a receipt will be forwarded to your nominated email address. Such amounts will be transferred by us to the applicable person and are non-refundable.
(a) When cancelling any Guest Services, you may be liable for a cancellation charge to the extent the cancelled service cannot be rebooked by us or we incur any expenses as a result of the cancellation. We reserve the right to charge an administration fee of $25 payable to us.
(b) Terms and conditions for booking changes, cancellations and refunds and refundable damage deposits are specific to each Host and/or each Property that they list. These terms are set out in the Rental Agreement and must be read and agreed to before making your booking), or otherwise will be provided to you by the Host.
5 Guest Responsibilities
5.2 The Property is let for holiday accommodation purposes only and are not to be used for any other purpose including but not limited to commercial purposes, receptions or parties.
5.3 The Guest shall not use the Property, or cause or permit the Property to be used:
(a) For any illegal purpose;
(b) To smoke or allow smoking to occur within the property;
(c) In a manner so as to cause a nuisance, including excessive noise, or interfere with the use or enjoyment of the property for other occupiers or neighbouring properties. Unruly, loud or offensive behaviour will not be tolerated. If complaints are received this may result in termination of the booking and loss of unused balance of Property;
(d) By more than the registered number of Guests permitted to occupy the Property. If the Property is reported to be overloaded, the booking will be terminated and Guests will be asked to vacate, with no refund made;
(e) To erect tents or caravans;
(f) To bring any pets within the property (unless otherwise agreed in the Rental Agreement).
5.4 It is the Guests responsibility to maintain the cleanliness of the Property. Departing Guests must leave the Property clean and tidy. This includes washing, drying and putting away all dishes, emptying the dishwasher, emptying and cleaning of the refrigerator, oven/griller and microwave, cleaning of the barbecue, leaving the beds neatly folded back, turning off all the lights and cooling/heating appliances. If the dishes are not washed, dried and put away, the dishwasher not emptied and/or the barbecue has not been cleaned an automatic security deposit deduction applies of $75 per job to be completed.
5.5 All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage due to neglect in this area.
5.6 To accept full responsibility for any breakages, loss or damage caused to the Property directly or indirectly caused by the Guest, or by another occupant or any other person invited on or in the property by the Guest during the stay and agrees to authorise Own Better to pay for any such breakages, loss, damage and all forms of cleaning (including but not limited to rubbish removal) of the Property by deduction of the applicable amount from the security deposit or using your credit card detail. Where the deduction is not sufficient to cover the cost of the payment required the guest agrees to pay the balance of the payment within seven days of being notified in writing of the payment required by us.
5.7 The property is furnished to the Host’s taste and style and we accept no responsibility for any unmet expectations of the Guest in respect of any design, quality or other aspect of the Property.
5.8 Guest will be advised of Council rubbish bin collection for waste.
5.9 The Guest agrees to let, use and occupy the Property and its contents at his or her own risk and hereby releases, to the maximum extent permitted by law, the Host and us from any injury, liability, debt, loss, cost, delay, expense however arising in the connection with the letting, use and occupancy of the Property including by breach of contract, duty or statue.
5.11 Own Better reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If either the Host or Own Better has a reasonable belief that there is imminent danger to any person or property, either the Host or Own Better may enter the Property without advance notice.
6 Host Responsibilities
6.1 The obligations of the Host are not exclusively set out below and it is incumbent upon the Host to:
(a) To investigate and understand what obligations it may have whether under statute, regulation, council by-laws, agreements with other service providers or Hosting Platforms or arising from the use of the Property;
(b) To keep track of any communications between it and any third party (such as the Guest or Hosting Platform), which may result in contractual obligations; and
6.2 The Host agrees to:
(a) Submit up to date and accurate data about their personal information, payment details, communications and terms agreed with a Guest together with such other data relevant to the performance of the Services;
(b) To keep the calendar for each listing accurate and up to date;
(c) Abide by the terms of any Special Conditions;
(d) To use its best endeavours to abide by the Holiday and Short Term Rental Code of Conduct;
(e) To include a breakdown of the price of the Property, taxes that may be applicable and amount, so that the Guest has access to such information clearly and simply;
(f) Let the Property and its contents for use and occupation at his or her own risk and hereby releases Own Better, to the maximum extent permitted by law and us from any injury, liability, debt, loss, cost, delay, expense however arising in the connection with the letting, use and occupancy of the Property including by breach of contract, duty or statue;
(g) To promptly respond to queries from us or the Guest in relation to the Property and to provide up to date instructions and or manuals on the operation of any amenities at the Property;
(h) To ensure basic utilities and services (such as water, waste, gas, electricity, communications and or internet (if offered)) are available to the Property at all times;
(i) For the duration of the Host Services Agreement, letting of any Property and a rollover period of one (1) year, the Host must effect and maintain, at its own cost and expense and at no cost to Own Better, with a reputable insurer suitable short term holiday rental comprehensive cover for:
Product liability and public liability insurance in relation to legal liability for loss of, loss of use of, damage to or destruction of real or personal property, death or bodily injury, and disease and sickness. Contents (including game consoles, linen and crockery) of the Property, for damage caused by Guests, whether that damage is accidental or malicious; Legal expenses incurred in minimising a loss, legal liability and professional fees incurred; and The property against a range of defined events such as fire, storm damage, water damage, glass breakage and a range of other insurable occurrences. 6.3 The Host warrants:
(a) that all representations about the condition and suitability of the Property and any amenities offered, the location, the price and availability is up to date, accurate and not misleading; and
(b) It has the requisite authority and capacity to offer the Property for let.
6.5 The Host is solely and exclusively responsible for the consequences of non-compliance with any law applicable with letting of the Property including the content of the advertisement as provided by them. We hereby disclaim any liability for the verification of compliance with any laws applicable in advertisements published by a Host.
7 User Responsibilities
7.1 Each User represents and warrants that:
(b) It is solely responsible for its Data and the Data of its invited Users, including without limitation, the security of such Data;
(d) if you are an individual, that you are at least eighteen (18) years of age and have the legal capacity or permission of a legal guardian to use the Software
8.1 Expressions used in this clause have the same meaning as when used in A New Tax System (Goods and Services Tax) Act 1999 “GST Act”.
9 Intellectual Property
9.2 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, the Software or as part of your engagement with us or any Hosting Platform. Accordingly, you represent and warrant that:
(b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or any other person’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9.3 We do not screen User Content (including content relating to Property’s or other information posted by Hosts or Guests) or information on the Website and we cannot give any assurance as to its accuracy or completeness. You are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The relevant User responsible for posting the User Content will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
10 Disclaimers, Limitation of Liability and Indemnity.
(a) The Services are provided “as is” and “as available.”
(b) To the maximum extent permitted by law:
Own Better disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any Products requested through the use of the Services, or that the services will be uninterrupted or error-free; Own Better does not warrant that the Software or Services (or any part of them) will be error free, or that the use of the Software will be uninterrupted, or meet the requirements of the User; will not be liable for any damages arising out of or related to interruption of, or defects in use or transmission of, the Software, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in use or transmission of the Software. Own Better does not guarantee the quality, suitability, safety or ability of any Property’s or Third Party Vendors. You agree that the entire risk arising out of your use of the Software, Services, and any Products requested in connection therewith, remains solely with you.
10.2 Limitation of liability.
Notwithstanding any other Special Conditions:
(a) Own Better shall not be liable in contract (including under any indemnity), tort (including in negligence or for breach of statutory duty) or otherwise, for:
any loss of profit, loss of revenue, loss of business, loss of contracts or loss of anticipated savings, loss of property, alternative accommodation costs, costs of delay, lost Data, or any indirect, incidental, special, exemplary, punitive or consequential damages related to or otherwise resulting from any use of the Website and or the provision of Property or Services, even if we have been advised of the possibility of such damages; any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between the Guest and the Host or the Guest and the any Third Party Vendor, even if we have been advised of the possibility of such damages; any delay or failure in performance resulting from causes beyond our reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. (b) Without prejudice to further limitations contained in Section 9.2(c), in no event shall Own Better’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the lesser of (1) the value of the Product sold and or Services provided by us to you or (2) five hundred dollars (AU$500), save to the extent any death or personal injury is caused by our negligence, in which case our liability is limited to the value of the relevant insurance coverage we hold at the time of the loss causing event.
For any minor problems with the Property or a Service provided by us which falls short of the contracted obligations to you, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction; To the extent you have a major problem: (A) With the Property (which amounts to breach of the Rental Agreement), the Guests sole recourse is to approach the Host for resolution. Own Better’s only obligation to the Guest is to relay communications between the Guest and Host and provide limited mediation services to expedite a resolution; (B) With the Services provided directly by Own Better (which amounts to breach of the relevant Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund; (C) With a Product sold by us, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be either (at our discretion) have the Product repaired, replaced or to receive a full refund; (D) With the products provided by a Third Party Vendor your sole recourse is to approach the Third Party Vendor for resolution; (E) The Software, your sole recourse is to stop using the Software. To the extent a Host has a major problem the Host Services provided by Own Better (which amounts to breach of the Host Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund;
You agree to indemnify and hold Own Better and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including Solicitors’ fees) arising out of or in connection with:
(b) Use of the Property offered by the Host;
(c) Your access to or use of the Website, Software, Services or Products obtained through your use of the Services;
(e) Our use of your Content or Data; and
(f) Your violation of the rights of any third party, including Third Party Vendors.
11.1 Your use of this Website and Own Better’s Services and any dispute arising out of your use of it is subject to the laws of New South Wales. The Vienna Convention on the International Sale of Goods of 1980 (cisg) shall not apply.
11.2 We may give notice by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent to your address provided to us by as part of your Rental Agreement or Guest Services Agreement. You may give notice to us by written communication to email@example.com.
11.4 No joint venture, partnership, employment or agency relationship exists between you, us, the Host or any Third Party Vendor as a result of the any agreement arising out of or related to the use of the Services.
Oblad Limited Traded as Own Better – Terms & Conditions
LAST MODIFIED: February 2020
If you have any questions about these Terms, please contact Own Better at firstname.lastname@example.org