The Site is a Venue only (1) This Site is a venue which allows Property Managers to advertise one or more entire holiday rental houses, apartments, a bed and breakfast, caravan park, motel or private room (each a “Property”) for short term lets of less than 90 days to potential Guests (each, a “Guest”). We also offer an online booking service to allow Property Managers and Guests to communicate with each other and to enter into a short term rental agreements. (2) The Site provides a venue for users to interact. Aussie Digz does not act as your agent in relation to properties, products or services that you advertise on the Site. Aussie Digz is not a party to any rental or other contractual relationship between you and a Guest or any other third party, even if the Site facilitates booking and paying for a Property or the use of other tools, services or products. Aussie Digz does not mediate between the Guest and the Property Manager in the event of any dispute arising between them. You enter into any transaction with a third party entirely at your own risk.
Listing a Property Property Managers can agree with Aussie Digz to place on the Site an advertisement for a specific Property (each, a “Listing”) which includes a corresponding listing in the next issue of the Aussie Digz Accommodation Guide Book (“the Guide Book”). Property Managers listing for the first time can only advertise a Property on the Site on a pay-per-booking basis. Property Managers can opt to upgrade their listing in the Guide Book. 3.1 Online booking (1) All Properties listed will do so under an online booking model. This means Property Managers will advertise each Listing without any upfront fee and will be charged a commission calculated as a percentage of the rental amount paid by a Guest on every booking sourced through the Site (“the Commission”). Aussie Digz reserves the right to change the applicable Commission, with any changes to be notified to the Property Manager no less than 14 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Property Manager does not remove their Listing by the time the new Commission is applied. (2) The Property Manager is responsible for setting the per night booking fee (“Booking Fee”) and any peak and off-peak pricing periods using the bundle (“’Bundle”) and custom pricing tools (“Custom Pricing”) when creating the Listing. (3) The calculation of the Commission will be assessed against total Booking Fee. (4) The Commission rate shall be 10% of the total Booking Fee. The 10% rate is inclusive of GST and the transactions credit card fees. This rate is current as at 1 March 2017. (5) Payment to Aussie Digz of the applicable Commission by the Property Manager will be done through the Aussie Digz online payment system (“Online Payments”) (see clause 5. ‘Payments’ T&C. (6) Listings published will be displayed on the Site until they are removed by the Property Manager or Aussie Digz. Aussie Digz reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Property Managers can also remove their Listings at any time, through the Aussie Digz Property Manager Dashboard or by contacting customer service. 3.2 General terms of listing (1) The Property Manager commits to provide only accurate and up to date information for each Listing (including the description, availability, rates and cancellation policy), and shall not impose different conditions on the Guest than those set out in the Listing. (2) The Property Manager cannot promote or include another booking website address, personal website address, email or phone number as part of the properties description in the Property Overview or when undertaking any communication with the guest via the Aussie Digz website. (3) Aussie Digz reserves the right to decline to place, amend, or remove, any Listing that appears; to infringe, be capable of infringing, or be associated with the infringement of any provision of this Agreement, any applicable law or regulation or the intellectual property rights of Aussie Digz. We may also amend your Listing to improve the quality of your Listing. 3.3 Sort order The results of searches for Listings depend on Aussie Digz algorithms and may vary from time to time. As a consequence, Property Managers may notice ongoing fluctuations in their Listing’s position in the search results. Aussie Digz provides no guarantee on any position within search results.
Using the service (1) Upon registration, a Property Manager is required to create user profile in which the data the Property Manager contributes is recorded and in which all the Property rentals offered by that Property Manager are specified (“Property Manager Dashboard”). (2) The Property Manager Dashboard provides various functions which are intended to assist Property Managers to manage their Properties through the Site communicate with Guests and track their booking performance. (3) Through the Property Manager Dashboard, the Property Manager has access to Guests’ reviews for the Property Manager’s Properties. (4) Guests are invited to post their own reviews of Property Managers’ Properties (“Guest Reviews”) after the check-out date has passed. The Guest Review is submitted on the Site. The 1-5 Rating is assessed against Pet Friendliness, People Friendliness, Location and Value. The Guest is provided with the opportunity to post a public review (“Public Review”) and private feedback (“Private Feedback”) about their stay. The Private Feedback will not be publicly viewable and can only be seen by the Guest, Property Manager and Aussie Digz. The Public Review and 1-5 Rating will be viewable via the Listing for other Guests to read as part of their property search. Further detail about Guest Reviews and 1-5 Ratings is available on the site. Please note that Aussie Digz does not, and does not realistically have the ability to, verify the accuracy or otherwise of Guest Reviews. (5) Aussie Digz requires all Guest Reviews, and Messages to conform to clause 22. ‘Content guidelines ’T&C’s. In the event that any Guest Review or Property Manager Response appears on the site but fails to conform to the Content Guidelines, Aussie Digz shall be entitled immediately to remove from the site the relevant non-conforming Guest Review, or Notification. (6) Messages sent using the Aussie Digz system are available for review by the Guest who originally sent them, to the Property Manager and to a limited number of Aussie Digz employees. Aussie Digz also monitors messages from time to time which are sent using the Aussie Digz platform or systems. (7) Enquiries submitted using the Aussie Digz “Contact Us” are available for review by the Guest who originally sent them, to the Property Manager and to a limited number of Aussie Digz employees. Aussie Digz also monitors messages from time to time which are sent using the Aussie Digz platform or systems.
Bookings and Payments 5.1 Online bookings (1) Booking requests are submitted using the Aussie Digz website and provide the guest information, booking dates and total cost. Property Managers are responsible for responding to the enquiry within 24 hours by either accepting or declining the booking, or sending a message to the Guest. (2) Accepted bookings will be automatically confirmed and the total booking fee deducted from the Guests nominated card. By accepting a booking Property Managers are accepting and agreeing to the booking terms including the number of guests, dogs, check-in date, total number of nights, total booking fee and cancellation terms as per the booking request. (3) Declined bookings will automatically inform the Guest that the booking has not been successful. 5.2 Online payments (1) Payments received from Guests will be held by Aussie Digz on behalf of the Property Manager in a dedicated customer bank account until such time as the funds are remitted to the Property Manager or refunded to the Guest (if they are entitled to a refund. Refer to the Cancellation Policy and Procedure). (2) Following receipt of the full payment for a booking, Aussie Digz will deduct the Commission from the total Booking Fee and the remainder of the full payment will be remitted to the Property Manager via the nominated payout method (“Payout Method”). Booking fee remittances will be made available to Property Manager after the Guest check-out date has passed. These will be processed once a week to all eligible Property Managers. (3) The Booking Fee does not include any additional fees (“Additional Fee”) or security deposit (“Security Deposit”), such as cleaning and therefore, commission will not be charged on these amounts. (4) A Security Deposit is held 48 hours prior to check-in and is fully refundable after a guest has checked-out of a property. Property Managers will have 72 hours to advise Aussie Digz of any damage to the property and the cost of this damage. If no notification has been received, the full Security Deposit will be returned to the Guest in full. (5) Property Managers can access their history through the Property Manager Dashboard. (6) Aussie Digz will issue a tax invoice/receipt on your behalf to Guests for any accepted bookings payments. (7) Interest earned on any amounts while held in the Aussie Digz customer bank account will be retained by Aussie Digz. No interest will be payable by Aussie Digz to you or the Guest on amounts held by Aussie Digz. (8) If the Aussie Digz payment processing bank determines that an online payment credit card transaction is invalid, we will notify you that the booking is no longer confirmed. Aussie Digz will notify the Guest that their booking is no longer confirmed and of the process to update their payment information and re-book the property.
Booking changes, cancellations and refunds (1) The cancellation and refunds policy will be specific to each Property that you list. The cancellation policy (“Cancellation Policy”) level must be selected or created using the custom cancellation policy feature (“Custom Policy”) during the Property Listing process. The Cancellation Policy can be edited at any time by the Property Manager in the Property Manager Dashboard. Any changes made will only be applicable to future bookings, not those that have already been accepted and paid for. Please refer to the Cancellation Policy options for full details.
Termination of contract (1) If Aussie Digz determines, or an allegation is made, that: listings or other content associated with a Property Manager contain any material that infringes clause 22. ‘Content guidelines’ T&C, the law, applicable regulations or the rights of any person or entity; a Property Manager has submitted unsuitable material to, or misused, the site; a Property Manager’s Listing or rental practices are unacceptable or unfair (for example, and without limitation, if a Property Manager double-books a Property for two or more Guests on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry); The Property Manager is in material breach of this Agreement (which shall include, for the avoidance of doubt, any breach of clause 10. ‘Rights and obligations of Property Manager’ T&C or clause 17. ‘Prohibitions’ T&C, any other obligations owed to Aussie Digz, any Aussie Digz or Guest; a Property Manager has been abusive or offensive to any employee or representative of Aussie Digz a Property Manager used a false identity; or a Property Manager has otherwise misused Aussie Digz systems or communications platforms; then Aussie Digz shall be entitled to, at its sole discretion, (i) suspend, (ii) amend or (iii) terminate either (a) any affected Listings, or (b) all Listings associated with that Property Manager immediately and without refund of any fees or charges paid by the Property Manager. (2) Aussie Digz assumes no duty to investigate complaints.
Rights and obligations of Aussie Digz (1) Aussie Digz may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability. (2) Aussie Digz will not intentionally alter photographs of Properties that Property Managers have submitted. However, Property Managers acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings. (3) Aussie Digz does not guarantee that the Site will be live 100% of the time. The Site is hosted by an external party outside of Aussie Digz control. Site availability is also subject to the internet provider of the user. Aussie Digz may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site. Aussie Digz will, where possible, aim to ensure that maintenance of the Site that causes any such restriction is undertaken at a time when most Guests’ usage is least affected and that Property Managers will be notified prior to any such maintenance. (4) Aussie Digz may conduct identity checks and ask for proof to establish the existence and Property Management of a Property and the identification of a Property Manager. The Property Manager agrees promptly (and in any event within any period requested by Aussie Digz) to supply to Aussie Digz such proof of identity or of a Property’s existence or Property Management as Aussie Digz requests. Each Property Manager acknowledges that failure to comply with any such request constitutes a breach of these Property Manager T&C.
Rights and obligations of Property Manager (1) The Property Manager must submit accurate data about their personal identity, payment details and payout details and warrants that it has the authority to advertise the Properties in the Listing. (2) The Property Manager warrants that all of the information they provide to Aussie Digz is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. (3) The Property Manager agrees to comply at all times with the Holiday and Short Term Rental Code of Conduct. (4) The Property Manager must not include in any Listings or communications with a Guest any links or references to any other websites, or anything directing traffic away from the Aussie Digz platform, the Site or the Property that is the subject of a Listing. (5) Property Managers are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Property Managers should use a password which is unique to use the Site – they must not use the same password as is used for another site or email account. Aussie Digz will never ask Property Managers to disclose this data. If Property Managers are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Aussie Digz of the situation via email to firstname.lastname@example.org Should any Property Managers notice that their account is being used by an unauthorised third party, they should immediately report the matter to email@example.com and change their password. (6) The Property Manager must review the Listing before approving and making the Listing live on the Site to ensure that it does not violate any applicable laws or regulations. The Property Manager is solely and exclusively responsible for the consequences of non-compliance with any law applicable with respect to the content of the Listing. Aussie Digz hereby disclaims any liability for the verification of compliance with any laws applicable in advertisements published by a Property Manager. The Property Manager agrees to indemnify and keep Aussie Digz indemnified against any claim, loss or damage that arises as a result of the Property Manager’s breach of this term. (7) The Property Manager is solely responsible for billing, accounting and settlement to the competent authorities for any tax, fee or fees (including GST, where applicable) on income received. All fees we charge to Property Managers include GST unless otherwise stated. (8) The Property Manager must have in place home, contents and public liability insurance as appropriate for their Property and their rental business. Short Term Letting insurance products are available in the market and the Property Manager is solely responsible for understanding and putting in place any appropriate insurances of this kind. (9) Photographs included in a Listing should depict the Property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Property Managers may include photographs featuring dogs with the express consent of the pets’ owners. (10) We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Aussie Digz systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information. (11) No Listing may be transferred to another party. In the event of a property sale or change in property management, Aussie Digz will provide guidance on options for creating a new Listing. (12) If any Listing is in breach of this Agreement, Aussie Digz reserves the right to suspend or terminate the relevant Listing or all Listings associated with the Property Manager in accordance with clause 8. ‘Termination of contract’ T&Cs.
Proprietary rights of the content (1) Where a Property Manager submits to or transmits through the site or Aussie Digz platform or systems any content of any type, including text or images, the Property Manager undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or Property Managers of featured items (’property release’). (2) To the extent that Property Managers’ Listings and other submissions may contain trademarks, Property Managers warrant that they have the right to use them, including sublicensing rights. (3) By submitting any form of content to the Site (including photographs), the Property Manager authorises Aussie Digz to reproduce in whole or in part, display and disseminate the content in connection with the performance of this Agreement and in the promotion of the Site. (4)The Property Manager agrees to indemnify and keep Aussie Digz indemnified against any claim, loss or damage that arises as a result of the Property Manager’s breach of this clause.
Right of blocking, suspension or withdrawal of listings If the Property Manager is in breach of this Agreement, or if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or for any other valid reason and that the Property Manager cannot prove to Aussie Digzs that it has the right to publish this content (including images and / or photographs), Aussie Digz has the right to amend, block or delete a Listing, temporarily or permanently, without any notice to the Property Manager and without prejudice to any other legal measure.
Links to Third Party Sites This Site may contain links and pointers to other Internet sites. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a social media site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Responsibility of Property Manager The Property Manager will be held solely and exclusively responsible for all the financial consequences resulting from damage to Aussie Digz due to content or any program transmitted or sent by the Property Manager that results in any damage to the hardware of Aussie Digz, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees.
Indemnification Property Manager agrees to defend, indemnify and hold harmless Aussie Digz and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Aussie Digz alleging or arising out of or in connection from: any content or material the Property Manager submits or provides for inclusion on the Site; any use by the Property Manager of the Site; your dealings with any Guests or prospective Guests; and any breach of this Agreement on the part of the Property Manager.
Prohibitions (1) The Property Manager shall not directly or indirectly: a. with respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same; b. monitor content on the site or communications with Guests by means of robots, spiders, or other automatic instruments; c. use the Site or Aussie Digz platform or systems for purposes other than those referred to in these Property Manager T&C d. use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing; e. reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; f. upload or send to the Site any content or programs, which on account of their size or nature, might damage Aussie Digz computers or networks; g. include content on the Site or Aussie Digz platform or systems that breaches any applicable criminal or other laws, or encourages any such breach; h. use or access the Site or Aussie Digz platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk); i. post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability j. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material k. refer to Aussie Digz in any way that might lead someone to believe that the Property Manager, any Property, Listing or website is sponsored by, affiliated with, or endorsed by Aussie Digz l. take any actions that may have a negative impact on a Listing of another Property Manager (including making a bogus booking request) or m. substitute a Property in a Listing for another Property without the prior consent of Aussie Digz. Prohibited substitution activities include: Listing multiple properties: use of one Listing to promote more than one property, other than as permitted in this Agreement; Substitution: changing the Property which is displayed in a Listing as that Property becomes booked; and Leeching: offering a Guest who enquires through the Site a different Property than the one which is displayed in the relevant Listing or otherwise directing a Guest to book the same or another property off the Site. (2) In the event of any breach of this clause by a Property Manager, Aussie Digz reserves the right to suspend, amend or terminate the relevant Listing or all Listings associated with the Property Manager in accordance with clause 8 ‘Termination of contract’ T&C.
Limitation of Liability of Aussie Digz (1) To the extent permitted by law, in the event of a breach by Aussie Digz of this Agreement, its total liability will be limited to the amount paid by the Property Manager to Aussie Digz in connection with the publication of the Listing on the Site. (2) Aussie Digz accepts no liability whatsoever relating to the content of your Listing on the Site, your Property or your dealings with any Guests or prospective Guests. Without limiting the foregoing, Aussie Digz will not be liable for any loss or damage caused by or attributed to any person(s) that visits or stays at your Property in response to an advertisement placed on the Site. (3) To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free. Nor do we make any representation or warranty about the success of the Site or likely success of advertising your Property on the Site. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the resupply, repair or replacement of the goods or services or the payment of the cost of having them resupplied, repaired or replaced. (4) To the extent permitted by law, we will not be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity) arising out of, based on, or resulting from the Site, your use of the Site and/or any transaction between users, even if Aussie Digz has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site or the Aussie Digz platform or systems, or you do not agree with any part of this Agreement, then your sole and exclusive remedy against Aussie Digz is to discontinue using the Site. In the event of discontinuing use of the site, our liability to you or any third party in any circumstance arising out of or in connection with the Site is limited to any outstanding Booking Fees less the Commission. (5) Nothing in this Agreement shall exclude or restrict Aussie Digz liability for death or personal injury resulting from its negligence; for Aussie Digz fraud or fraudulent misrepresentation; or any other liability of Aussie Digz that cannot be excluded at law.
Applicable law This agreement is governed by the laws in force in Victoria & NSW and you submit to the exclusive jurisdiction of the courts in these State’s.
Other provisions This Agreement comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations. You may not assign this Agreement without our prior written consent. No delay or waiver by us in enforcing any provision of this agreement will be deemed a waiver of our rights. If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of this Agreement will not be affected.
Contacting us (1) Any messages should be sent to Aussie Digz at: P.O.Box 377, Merimbula, NSW, 2548 Australia or email: firstname.lastname@example.org (2) Notices regarding infringements of copyright must specify the following: a. your address, telephone number and email address; b. detailed information about the content concerned (display of the image or text), including a link to the Site; and c. a formal declaration showing that you: (i) are the holder of the exclusive user right to the work; and (ii) have not authorised the use of the relevant material in this form.
Content guidelines (1) No user of this website may contribute any content (including, but not limited to property listings, reviews and responses) which violate the following guidelines: The content must be directly related to its purpose. For example, property listing descriptions must relate to the property and information that would be useful to a Guest. Reviews of a property must focus on the Guest’s stay. The content must not infringe anyone’s rights, violate the law or otherwise be inappropriate. Examples include: a. Personal information that can be used to identify or contact any person, b. Promotional content that would promote other websites, businesses, services or products unaffiliated with this website, c. Obscene, Abusive, Discriminatory or Illegal content. d. Reviews and responses should not disclose the physical location of the property or the rates charge by the owner or manager. Content must be truthful and not misleading. e. Users who post content must have all legal rights to post the content. f. Users cannot post a review to blackmail or attempt to extort Property managers or Guests for money. The reviews are for the benefit of future Guests, not to allow one party to threaten the other. (2) Aussie Digz reserves the right not to publish or to remove a review which is the subject of a legal action or dispute (3) If you see a review or response that does not conform to the above guidelines, please contact as per clause 16. ‘Contacting us’ T&C. We will investigate reported abuse and immediately remove reviews or responses that we find are in violation of this clause.