Summer Foundation Housing Seeker Agreement

By using our service you agree that you are genuinely looking for a disability-friendly home. You agree not use this service for any other purpose.

The Summer Foundation (ABN 90 117 719 516) (trading as “The Housing Hub”) (Housing Hub, we or us) operates an online platform allowing providers offering disability-friendly properties for sale or lease or tenants of such properties looking for a co-tenant (Provider) to advertise to a person whose needs are suited to the property (you, Tenant) via our platform at www.thehousinghub.org.au or any other platform we may introduce in the future (Platform).

Please read these terms and all the Housing Hub policies including our Privacy Policy and any Community Guidelines, (collectively the Agreement) carefully before signing up to become a Tenant.

By signing up to have an account on the Platform and use the services offered by us (Service) you agree to be bound by this Agreement.

HOUSING HUB SERVICE

  1. The Housing Hub provides the Platform only. Apart from enabling Tenants to find a suitable property, the Housing Hub has no control over Tenant and Provider interaction, or description of the properties listed on the Platform.

ELIGIBILITY TO REGISTER

  1. To create an account on the Platform and use the Services you must be over 18 years of age.
  2. While you are registered with the Housing Hub you must maintain control of your Housing Hub account. You must not allow others to use your account.
  3. At its reasonable discretion, Housing Hub may refuse to allow any person to register or create an account with Housing Hub or cancel or suspend any existing account.

SERVICE DESCRIPTION

  1. The Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Service may be separately described on the Housing Hub Platform.
    1. A Provider with a disability-friendly property to offer creates an account with Housing Hub, posts an accurate and complete description of the property and other relevant information (Listing).
    2. The Provider and Tenant may communicate privately regarding additional details of the Listing using a Housing Hub private messaging service / using the contact details provided by each party, where the Platform’s capability allows.
    3. You and the Provider may then enter into a separate contract under which you agree to occupy, and the Provider agrees to provide occupancy of the property described in the Listing (Tenancy Agreement). You should consider the terms of any Tenancy Agreement carefully and ensure you understand your obligations. The Housing Hub is not a party to any Tenancy Agreement.

RESPECT FOR OTHERS

  1. You will post only accurate information on the Housing Hub Platform and any information posted on Housing Hub Platform must not be potentially or actually harmful to Housing Hub or any other person. Any information you post to the Platform must be:
    1. up to date;
    2. not be false, inaccurate or misleading or deceptive;
    3. not infringe any third party’s intellectual property rights, rights of publicity, confidentiality or privacy;
    4. violate any applicable law; or
    5. not be defamatory, threatening or harassing.
  2. Housing Hub may edit or remove any information published by you from the Platform at any time if Housing Hub considers any information that you share is in breach of this Agreement, including not being kept up to date or being in any way inaccurate or misleading.

IDENTITY VERIFICATION

  1. The Housing Hub may include tools to help Platform users to verify the identity of other users (Identity Verification Services). These tools may include email verification technology.

LIMITATION OF LIABILITY

  1. To the extent allowed by law, you agree that the Housing Hub does not have any liability for any loss or damage connected with any interaction between a Tenant and Provider.
  2. To the extent allowed by law, the Service and the Platform is provided on an “as is” basis.

PRIVACY

  1. The Housing Hub’ Privacy Policy, which is available at www.thehousinghub.org.au/privacy, applies to all users and forms part of this Agreement. Use of the Housing Hub Platform confirms that you consent to, and authorize the collection, use and disclosure of your personal information in accordance with the Housing Hub’s Privacy Policy. Please be careful when sharing your personal information with any third party.

MODIFICATIONS TO THE AGREEMENT

  1. The Housing Hub may modify this Agreement and/ or any policies from time to time. The Housing Hub will send notification of such modifications to your Housing Hub account, where the Platform’s capability allows. You should check that account regularly.
  2. If you do not agree with any changes to this Agreement, you may terminate your Housing Hub account and stop using the Housing Hub Services.

COMPLAINTS

  1. If you have a complaint about the Housing Hub Service please contact us by emailing enquiries@thehousinghub.org.au.

TERMINATION

  1. You or we may terminate an account and this Agreement at any time for any reason. We will provide reasonable notice to you if we do so.
  2. Termination of this Agreement does not affect any Tenancy Agreement that has been formed between a Tenant and Provider. If you have entered a Tenancy Agreement you must comply with the terms of that Tenancy Agreement.
  3. On termination of this Agreement, Housing Hub may immediately remove your information from the Platform.
  4. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

GENERAL

  1. This Agreement is governed by the laws of Victoria, Australia.
  2. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
  3. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
  4. This Agreement may be assigned or novated by the Housing Hub provided there is no material detriment to you.
  5. This Agreement sets out the entire understanding and agreement between you and the Housing Hub.

Version March 2019.

First published on 18 March 2019.