Terms of Service

Last Updated: August 17, 2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://haveabreak.com.au website (the "Service") operated by Have A Break ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

If the Owner is a company, partnership or other entity, the person who uses the Site or agrees to the terms of this Agreement, on behalf of that Owner, represents that they have the authority to bind the entity to the terms of this Agreement.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.

You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

This site is a Venue only

This Site is a venue which allows Owners to advertise one or more entire holiday rental houses or apartments (each a “Property”) for short term lets of less than 80 days to potential Travellers (each, a “Traveller” and, collectively with an Owner the “users”). Owners may not advertise rooms or parts of properties on the Site.

The Site provides a venue for users to interact, and Have A Break does not act as your agent in relation to properties, products or services that you advertise on the Site. Have A Break is not a party to any rental or other contractual relationship between you and a Traveller or any other third party, even if the Site facilitates booking and/or paying for a Property or the use of other tools, services or products. Have A Break does not mediate between the Traveller and the Owner in the event of any dispute arising between them. You enter into any transaction with a third party entirely at your own risk.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

General terms of listing

The Owner commits to provide only accurate and up to date information in each Listing (including the description, availability, rates and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the Listing.

Have A Break reserves the right to decline to place, amend, or remove, any Listing that appears, in Have A Break’s discretion, 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 Have A Break or a third party. We may also amend your Listing to improve the quality of your Listing.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Have A Break and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Have A Break. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Rights and obligations of Owner

The Owner must submit accurate data about their personal identity and payment details and warrants that it has the authority to advertise the Properties in the Listing.

The Owner undertakes to ensure that the calendar for each Listing is kept accurate and up-to- date to reflect the availability of the relevant Property as it is booked. On date-based searches, Listings with calendars which are 60 days or more out of date will be filtered out of results.

The Owner warrants that all of the information they provide to Have A Break 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.

The Owner must not include in any Listings or communications with a Traveller any links or references to any other websites, or anything directing traffic away from the Have A Break platform, the Site or the Property that is the subject of a Listing, unless agreed with Have A Break in advance.

It is the responsibility of the Owner to include a breakdown of the price of the stay, taxes that may be applicable and amount, so that the Traveller has access to such information clearly and simply.

Owners 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. Owners should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. Have A Break will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Have A Break of the situation through the Contact Us Tab. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to Have A Break and change their password.

The Owner must check the Listing before submitting it to Have A Break to ensure that it does not violate any applicable laws or regulations. The Owner is solely and exclusively responsible for the consequences of non-compliance with any law applicable with respect to the content of the Listing. Have A Break hereby disclaims any liability for the verification of compliance with any laws applicable in advertisements published by an Owner.

The Owner 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 Owners include GST unless otherwise stated.

The Owner must have in place home, contents and public liability insurance as appropriate for their Property and their rental business.

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. If Have A Break provides photography services to an Owner, the Owner agrees and acknowledges that it is solely responsible for reviewing and confirming the accuracy of any photographs included in a listing  and obtaining any consents required.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Have A Break’s 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.

No Listing may be transferred to another party. In the event of a property sale or change in property management, Have A Break will provide guidance on options for creating a new Listing.

Have A Break reserves the right to transfer this Agreement, and to assign or subcontract any or all of its rights and obligations under this Agreement, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under this Agreement.

If any Listing is in breach of this Agreement, Have A Break reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 11 of this Agreement.

Sort order

The results of searches for Listings depend on Have A Break’s algorithms and may vary from time to time. As a result, Owners may notice ongoing fluctuations in their Listing’s position in search results.

Have A Break provides no guarantee on any position within search results, but the position of a Listing may be improved by the Owner maintaining their listing eg conversion of enquiries to bookings, the number and quality of photos, high quality descriptions and up to date booking calendars.

Using the service

Upon registration, an Owner is given a user profile in which the data the Owner contributes is recorded and in which all the Property rentals offered by that Owner are specified (“Owner Admin”).

Owner Admin provides various functions which are intended to assist Owners to manage their Properties through the Site, including a dashboard. These functions, and Owner Admin, are made available on an as-is basis, and Have A Break does not undertake that the dashboard or its functions will be complete or error-free.

Travellers may post their own reviews of Owners’ Properties (“Traveller Reviews”) on the Site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is available here. Please note that Have A Break does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveller Reviews. The Owner’s sole remedy, and Have A Break’s sole obligation, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Response to it.

Rights and obligations of Have A Break

Have A Break 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.

Have A Break shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to Have A Break. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

Have A Break 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. Have A Break will, where possible, aim to ensure that maintenance of the Site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.

Have A Break may conduct identity checks and ask for proof to establish the existence and ownership of a Property and the identification of an Owner. The Owner agrees promptly (and in any event within any period requested by Have A Break) to supply to Have A Break such proof of identity or of a Property’s existence or ownership as Have A Break requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.

Have A Break complies with its Privacy Policy. The Owner authorises Have A Break to forward the Owner’s contact details, including phone number, to Travellers in connection with a property booking. Have A Break where necessary (including to prevent fraudulent behaviour of a third party) give an Owner’s phone number to a Traveller. The Owner accepts that it has read the site’s Privacy Policy (terms of service) and consents to the processing of data as outlined in those policies.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Responsibility of owner

The Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to Have A Break due to content or any program transmitted or sent by the Owner that results in any damage to the hardware of Have A Break, 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.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Have A Break.

Have A Break has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Have A Break shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Servuce or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Limitation Of Liability of Have A Break

In the event of a breach by Have A Break of this Agreement, its total liability will be limited to the amount paid by the Owner to Have A Break in connection with the publication of the Listing on the Site.

Have A Break accepts no liability whatsoever relating to the content of your Listing on the Site, your Property or your dealings with any Travellers or prospective Travellers.  Without limiting the foregoing, Have A Break 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 place on the Site.

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 re-supply, repair or replacement of the goods or services or the payment of the cost of having them re-supplied, repaired or replaced.

In no circumstances will we 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 Have A Break 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 Have A Break’s platform or systems, or you do not agree with any part of this Agreement, then your sole and exclusive remedy against Have A Break is to discontinue using the Site.

Nothing in this Agreement shall exclude or restrict Have A Break liability for death or personal injury resulting from its negligence; for Have A Break’s fraud or fraudulent misrepresentation; or any other liability of Have A Break's that cannot be excluded at law.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Have A Break its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Booking Terms and Conditions

Supplier goods and services

  • Have A Break operates the Site as a referral forum for short term holiday rentals. Have A Break also provides information on the Site for a number of holiday-related suppliers and provides you with the opportunity to purchase goods or services provided by those suppliers.
  • Have A Break is not an agent for property owners or managers that advertise properties on Have A Break, nor is Have A Break an agent for any third party suppliers of other goods or services that are advertised on the Site (each of which is referred to in these conditions as a 'Supplier'). Have A Break is not involved in the actual transaction between You and any Supplier. When you commit to a booking which is accepted by the Supplier, Have A Break charges you a Booking Service Fee, which covers the cost of maintaining the Site and associated services. Supplier fees such as booking and accommodation costs are to be paid by You directly to the Supplier. You enter into any transaction with a Supplier entirely at your own risk.
  • Information provided on the Site about goods and services offered by a Supplier is provided by that Supplier. We do not monitor, verify or endorse information submitted by Suppliers for posting on the Site and You should be aware that such information may be inaccurate, incomplete or out-of- date. Facilities, activities or other services that form part of your booking may be subject to change.
  • Have A Break does not make any representation as to the safety, quality, condition or description of any goods or services provided by Suppliers that are advertised on the Site. Any issues regarding safety, quality, condition or description should be dealt with directly with the Supplier with whom you have made the booking. Have A Break is unable to provide refunds.
  • Suppliers may impose their own terms and conditions in relation to their goods and services. You acquire goods and services from Suppliers subject to those terms and conditions, so you should check that you agree to the terms and conditions before you confirm your booking.
  • All bookings are subject to Supplier availability.
  • You agree that you will only use the reservation/enquiry forms on the Site for genuine booking enquiries or reservations.
  • Have A Break reserves the right to change the information displayed on the Site (including these Terms and Conditions) at any time without notice to you.

Exclusion of liability for Suppliers

To the extent permitted by law, neither Have A Break nor any other person or entity whose site or listings have been integrated into the Site, will be responsible, for any loss or damage whatsoever (including personal injury and damage to property) that You or another person may suffer in connection with the offer or supply of (or default in supplying) goods or services by Suppliers.

Validation and Security

  • You may be required to provide a credit card at check-in/arrival to cover incidental charges and you may also be required to provide photo ID. Suppliers may refuse accommodation where they are not reasonably satisfied as to the credentials of any guest at the time of check-in/arrival.
  • The Supplier you have booked with may ask for a bond or security deposit to be paid to secure the booking. This payment will take place outside of the Have A Break Site and you may be asked to direct transfer funds into the Supplier's bank account. Have A Break does not become involved in the payment or return of bonds or security deposits. Return of these amounts is based on the Supplier's terms and conditions and their inspection of the property after your stay.

The use of the Have A Break Site

  • You confirm that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Site in accordance with these terms and conditions. You also agree that all information supplied by you in using the will be true and accurate.
  • Any speculative, automated, false or fraudulent booking is prohibited. You agree that the Have A Break Site will only be used to make legitimate reservations or purchases for You or another person for whom You are legally authorised to act. You acknowledge that overuse or abuse of the Have A Break Site may result in you being denied access to the system and reported to the applicable authorities.
  • You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activities being conducted on the Site.

Payments

  • Payments for Bookings or Reservations made through the Have A Break Site are made up of two different fees, which are detailed on the Site at the time of the transaction: the Have A Break booking fee is included in the non refundable deposit, which is required to confirm and hold the booking reservation.

Changes, cancellations and refunds

  • Terms and conditions for booking changes, cancellations and refunds are specific to each Supplier and/or each property that they list. These terms are set out on the Site and/or will be provided to you directly by the Supplier.
  • If You cancel a booking, which you have already made a partial or full payment for, your right to a refund of that payment will be determined by the cancellation policy of the Supplier. No refund will be given for the deposit made to secure the booking in the first instance.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us.