TERMS AND CONDITIONS FOR OUR MEMBERSHIP AND USING OUR WEBSITE

Welcome to Holiday Letting Security. 

In these terms, we also refer to Holiday Letting Security as “HLS”, “our”, “we, or “us”.

What are these terms about?

These terms apply when you use this website, being www.holidaylettingsecurity.com.au and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply if you sign up for a monthly or annual client membership though the Website (Membership). Your Membership is for the services set out in the tiered package as selected by you and agreed between us by means of the Website (Membership Tier), along with any additional services (Add-On Services) available for purchase on the Website.

Please note that if you select automatically recurring billing, your Membership will continue to renew indefinitely, and you will continue to incur Membership Fees, unless you notify us that you want to cancel your Membership in accordance with clause 5.1(b). Please ensure you contact us if you want to cancel your Membership.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here Privacy Policy.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you purchase a Membership
  • Part B: Terms for when you browse and interact with this Website
  • Part C: Liability and warranties, and interpretation provisions (applies to both purchasing and just browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase a Membership unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of the Membership and any Add-On Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase services. You can check the date at the top of this page to see when we last updated these terms.

  1. SUBMITTING AN ORDER

    • By submitting an order for purchase of a Membership using the Website’s functionality (Order) you represent and warrant that:
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the services you have ordered in exchange for your payment of the total amount listed upon checkout.
    • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  2. MEMBERSHIP

    1. YOUR MEMBERSHIP

      • (The Membership) Your Membership Tier includes the services as described on the Website at the time of purchase (Services).
      • (Membership Period) Your Membership will renew either on a monthly or annual basis depending on your selection at the time of purchase (Membership Period). Your Membership will renew automatically unless you notify us prior to 7 days of the expiry of the then current month or year that you wish to cancel your Membership.
      • (Provide Information) As part of registering for, and your continued use of, your Membership, you may be required to provide personal information and details, such as your email address, first and last name, a secure password, billing, postal and physical addresses, business name and ABN (if applicable), mobile phone number, bank account information, and other information as determined by us from time to time. You warrant that any information you give to us in the course of completing the Membership registration process is accurate, honest, correct and up to date.
      • (Accepting Your Application) Once you complete the Membership registration process, we may, in our absolute discretion, choose to accept you as a registered member of HLS and provide you with a Membership. We may, in our absolute discretion, suspend or cancel your Membership for any reason, including for any failure to comply with these terms.
      • (Issues with the Service) If you have any issues or complaints regarding our Services, please direct them to us. We will endeavour to rectify the situation with you. Our disputes resolution policy at clause 16 applies.
      • (Communication) All communication with us and our staff must be made through the channels of communication notified by us to you. You must not, directly or indirectly, solicit or attempt to solicit any business, work, or other benefit from our staff (including employees and contractors) outside of the HLS business whom you came to know about during the course of us providing Services to you.
    2. SERVICES
      • Your Membership includes the Services as set out on our Website at the time of purchasing your Membership. The Services will only be performed in respect of the property or properties as notified by you to us at the time of purchasing your Membership (Property). You may not use the Services in respect of any other property or properties.
      • The Add-On Services include the services as described on the Website in relation to a particular Add-On Service. You must hold an active Membership before you can purchase an Add-On Services through the Website.
      • Your Membership may, from time to time, include a certain number of Call-Outs, or Call-Outs may be purchased as an Add-On Service. For the purposes of this agreement, “Call-Out” means a request by you (in the manner specified by us) to attend the Property either in response to an incident or required as a general check-in as to the status of the Property.
      • Call-Outs may span a maximum of 1 hour (including one-way travel time to the Property). Any additional time spent will be charged in accordance with clause 2.3.
      • While we will endeavour to attend all Call-Outs, unforeseen circumstances may arise where we are unable to attend to your Call-Out request in a timely manner or at all. In such circumstances, we are not liable for any loss or damage suffered by you as a result of our failure to attend a Call-Out on time or at all.
      • You acknowledge and agree that as part of the Services, we may be required to attend the Property and liaise with guests or third parties who are present on the Property on your behalf. You authorise to us to act on your behalf in relation to such guests or third parties, including (to the extent permitted by law) authority to evict guests or call the police as required.
      • We may outsource any part of performing any Services without further notice to or permission from you. The personnel who attend the Property will be the designated contractor for the Property’s geographic area.
      • To the extent permitted by law, we are not liable for any loss, damage or injury to reputation, property, or third parties as part of performing the Services.
    3. CHANGES TO SCOPE

      • You must pay a ‘change in scope fee’, in an amount reasonably determined by us (Change Fee), for changes to Services requested by you which are outside of your Membership or Add-On Services and require us to perform additional work or incur additional costs (Changes).
      • We will only be required to perform Changes, if:
        • we agree to perform the Changes; and
        • you pay the Change Fee, in accordance with clause 2.3.
    4. COLLECTION NOTICE AND PRIVACY

      • We collect personal information about you or your business in the course of providing you with the Session, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
      • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
      • By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.
  3. FEES AND PAYMENT

    • (Membership Fee) You must pay fees to us in the amounts and at the times specified in the pricing section of the Website for your Membership Tier, or as otherwise agreed in writing (Membership Fees).
    • (Timing) All Membership Fees and fees for Add-On Services must be paid in advance and are non-refundable for change of mind. Unless otherwise agreed in writing, the Membership Fees are due and payable on an annual or monthly basis for the duration of the Membership Period, with the first payment being due on the first day of the Membership Period.
    • (Recurring Membership) Your Membership will continue to renew on a monthly or annual basis indefinitely, and you must pay Membership Fees in respect of each monthly or annual period, unless you notify us prior to 7 days of the expiry of the then current month/year that you wish to cancel your Membership.
    • (Automatic Recurring Billing) If you select our automatic recurring billing option, we will debit the Membership Fees and any other agreed applicable fees from our account each month or year (as applicable). We will not pay any charge back amount if you fail to cancel your Membership in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Membership. We may submit periodic charges for the Membership Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via our Website.
    • (GST) Unless otherwise indicated, all fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
    • (Card Surcharges) We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    • (Changes) We reserve the right, from time to time, to change the Membership Fees or Add-On Services fees. We will notify you in advance if we do this.
    • (Suspension) We reserve the right to suspend all or part of the Services indefinitely where you fail to pay any fees owed under this agreement.
    • (Online payment partner) We may use third-party payment providers (Payment Providers) to collect the Membership Fees and any fees for Add-On Services, currently Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  4. INTELLECTUAL PROPERTY

    • We retain all intellectual property rights in all material provided during the course of your engagement with us.
    • In this clause:
      • “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world; and
      • “material” means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any media whatsoever.
  5. TERMINATION

    1. TERMINATION RIGHTS

      • We may terminate this agreement at any time by providing two (2) weeks’ written notice to you.
      • You may cancel your Membership by notifying us prior to 7 days of the expiry of the then current month or year that you wish to cancel your Membership. To the extent permitted by law, any fees paid by you are non-refundable.
      • Either party (Non-Defaulting Party) may terminate this agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:
        • is in breach of this agreement and either:
          • fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
          • that breach is not capable of remedy; or
        • ceases, suspends or threatens to cease or suspend to conduct its business; or
        • becomes subject to any form of insolvency or bankruptcy administration.
    2. ACCRUED RIGHTS AND LIABILITIES

      The expiration or termination of this agreement will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of this agreement occurring prior to expiration or termination of this agreement.

    3. CONSEQUENCES OF EXPIRATION OR TERMINATION

      Upon expiration or termination of this agreement:

      • if we terminate this agreement in accordance with clause 5.1(a), we will refund you the Membership Fees pro-rated for the remainder of the Membership Period;
      • you must pay all amounts owed and unpaid for Services already provided as at the date of termination;
      • each party must return all property of the other party to that other party; and
      • each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party.
    4. SURVIVAL

      Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

  6. ACCESS AND USE OF THE WEBSITE

    You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  7. YOUR OBLIGATIONS

    You must not:

    • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
    • use the Website for any purpose other than the purposes of browsing, selecting or purchasing a Membership;
    • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
    • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
    • use the Website with the assistance of any automated scripting tool or software;
    • act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website without our permission; and
    • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
      • gaining unauthorised access to Website accounts or data;
      • scanning, probing or testing the Website for security vulnerabilities;
      • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
      • instigate or participate in a denial-of-service attack against the Website.
  8. INFORMATION ON THE WEBSITE

    • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be free from errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including service descriptions, prices and other Website Content (as defined in clause 9(a) below).
  9. INTELLECTUAL PROPERTY

    • We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
    • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent from or as permitted by law.
    • In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  10. THIRD PARTY TERMS AND CONDITIONS

    • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    • You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  11. LINKS TO OTHER WEBSITES

    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  12. THIRD PARTY PLATFORM

    • This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
    • To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  13. SECURITY

    We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  14. REPORTING MISUSE

    If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

  15. LIABILITY

    • To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any services provided by us, is limited to the Membership Fees paid by you to us for the Membership Period in which the first event giving rise to the relevant liability occurred.
    • All other express or implied representations and warranties in relation to the services performed by us are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
      • breach of any of these terms;
      • use of the Website; or
      • use of any services provided by us.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  16. DISPUTE RESOLUTION

    • A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause 16.
    • A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause 16.
    • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
  17. GENERAL

    1. GOVERNING LAW AND JURISDICTION

      This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    2. WAIVER

      No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    3. SEVERANCE

      Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    4. JOINT AND SEVERAL LIABILITY

      An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    5. ASSIGNMENT
      A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
    6. COSTS
      Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
    7. ENTIRE AGREEMENT
      This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
    8. INTERPRETATION

      • (singular and plural) words in the singular includes the plural (and vice versa);
      • (currency) a reference to $, or “dollar”, is to Australian currency;
      • (gender) words indicating a gender includes the corresponding words of any other gender;
      • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      • (includes) the word “includes” and similar words in any form is not a word of limitation; and
      • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
    9. FORCE MAJEURE

      • If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
        • reasonable details of the Force Majeure Event; and
        • so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
      • Subject to compliance with clause 18(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
      • The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
      • For the purposes of this agreement, a ‘Force Majeure Event’ means any:
        • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
        • strikes or other industrial action outside of the control of the Affected Party;
        • war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
        • any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
    10. NOTICES

      • A notice or other communication to a party under this agreement must be:
        • in writing and in English; and
        • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
      • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
        • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
        • when replied to by the other party,
          whichever is earlier.