Summer Foundation Provider Agreement
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 or you) to advertise to a person whose needs are suited to the property (Tenants) via our platform at www.thehousinghub.org.au or any other platform we may introduce in the future (Platform).
An application by you to become a Provider confirms that you agree to be bound by this Agreement, though Housing Hub is in no way bound to accept your application.
SCOPE OF HOUSING HUB SERVICE
- Housing Hub provides the Platform only. Apart from enabling a Tenant to identify potentially suitable properties, Housing Hub accepts no liability for any aspect of the Tenant and Provider interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of services.
ELIGIBILITY TO REGISTER
- To create an account and use the Platform you must be over 18 years of age.
- While you are registered with Housing Hub you must maintain control of your Housing Hub account. You may not deal with your account (including any feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
- 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.
- The Housing Hub service, including the Platform (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 Platform.
- 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).
- 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.
- The Provider and the Tenant may then enter into a separate contract under which the Tenant agrees to occupy, and the Provider agrees to provide occupancy of the property described in the Listing (Tenancy Agreement).
- The Provider must provide the services or goods to the Tenant in accordance with the relevant laws and as described or depicted in the Listing.
- The Housing Hub Platform may from time to time include location/ map-based functionality. The Housing Hub Platform may display the location of property described in the Listing to persons browsing the Housing Hub Platform. Each Provider will be asked to provide the street and suburb where the property is located. We ask that you do not list the street number. If a Provider is an individual it should never disclose personal details such as Provider’s full name, street number, phone number or email address in a Listing or in any other public communication on the Housing Hub Platform.
- Housing Hub may include tools to help Platform users to verify the identity of other users, where the Platform’s capability allows. These tools may include: mobile phone verification technology, a “Reference” feature (allowing a user of the Housing Hub Service to request other users to post a reference on the Housing Hub Platform endorsing that user), integration with social networking sites such as Facebook, Twitter and LinkedIn and verification icons or badges displayed in association with a Provider.
- You agree that at all times:
- you will comply with this Agreement (including all Housing Hub Policies) and all applicable laws and regulations;
- you will post only accurate information on the Housing Hub Platform and any information posted on Housing Hub Platform must not, in any way whatsoever, be potentially or actually harmful to Housing Hub or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Housing Hub. Without limiting any provision of this Agreement, any information you supply to Housing Hub must be up to date and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination, tenancy or trade practices/fair trading laws); or
- be defamatory, threatening or harassing;
- you will promptly and efficiently perform all your obligations to other Housing Hub users under a Tenancy Agreement and to Housing Hub under this Agreement; and
- you must have the right to provide goods and services under a Tenancy Agreement in the relevant location.
- You grant to Housing Hub an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of including that material and information on the Platform and as otherwise may be required to provide the Service, for the general promotion of the Service and as permitted by this Agreement.
- Registering and creating an account with Housing Hub is free.
- Housing Hub may with reasonable notice charge a service fee and change the terms applying to payment. Housing Hub will send notification of such modifications to your Housing Hub account, or email, where the Platform’s capability allows.
- Where a Provider is supplying goods or services, the Provider must not charge a Tenant additional fees on top of the agreed price for the goods or Services under the Tenancy Agreement.
- Housing Hub is entitled to suspend or terminate your account or remove any of your Listings at any time if Housing Hub has reason for concern regarding any feedback about you.
LIMITATION OF LIABILITY
- Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, Housing Hub specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) arising out of or in any way connected with any transaction between a Tenant and Provider.
- Except for liability in relation to a breach of any Non-excludable Condition, Housing Hub’s liability to any user of this service is limited to the total amount of fees paid by the Provider to the Housing Hub during the twelve month period prior to any incident causing liability of Housing Hub.
- Housing Hub’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- Except for liability in relation to any Non-excludable Condition, the Housing Hub service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. Housing Hub make no representation as to profit or proceeds that can be made using the Housing Hub’ Platform.
MODIFICATIONS TO THE AGREEMENT
- Housing Hub may modify this Agreement and/ or the Policies (and update the Housing Hub pages on which they are displayed) from time to time. Housing Hub will send notification of such modifications to your Housing Hub account, or email, where the Platform’s capability allows. You should check your account regularly.
- If you do not agree with any changes to this Agreement (or any of our Policies), you may terminate your Housing Hub account and stop using the Housing Hub Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Housing Hub Policy cannot be amended except in writing signed by you and Housing Hub.
- No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind Housing Hub, its related entities or affiliates in any way whatsoever.
- If you have a complaint about the Housing Hub Service please contact us by emailing firstname.lastname@example.org.
- Either party may terminate an account and this Agreement at any time for any reason.
- Termination of this Agreement does not affect any Tenancy Agreement that has been formed between a Provider and Tenant.
- On termination of this Agreement, Housing Hub may immediately remove the Provider’s Listings and information from the Platform.
- Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- Housing Hub may edit or remove any of your Listings at any time if Housing Hub considers any of your Listings are in breach of this Agreement, including not being kept up to date or being in any way inaccurate or misleading.
- This Agreement is governed by the laws of Victoria, Australia. You and Housing Hub submit to the exclusive jurisdiction of the courts of Victoria, Australia.
- A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
- 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.
- This Agreement may be assigned or novated by Housing Hub provided there is no material detriment to you.
- This Agreement sets out the entire understanding and agreement between you and Housing Hub with respect to its subject matter.
Version March 2019.
First published on 18 March 2019.