Terms and Conditions

These Terms and Conditions should be read in conjunction with our Privacy Policy.
By participating on this site, and using our services, you agree to be bound by the following Terms and Conditions:

Definitions
Vegan: A philosophy and way of living which seeks to exclude – as far as is possible and practicable – all forms of exploitation of, and cruelty to, animals for food, clothing, entertainment or any other purpose.  A vegan does not eat meat, poultry, game, fish, shellfish or by-products of slaughter (such as gelatine), dairy products or eggs, or any products that contain ingredients from an animal.
Vegetarian:  A vegetarian does not eat meat, poultry, game, fish, shellfish or by-products of slaughter (such as gelatine) but may consume eggs and dairy products. ‘Vegetarian’ includes Lacto-ovo vegetarians (consume dairy and eggs); Lacto vegetarians (consume dairy but not eggs); and Ovo vegetarians (consume eggs but not dairy)
Members:  Members of this website are defined as people who have paid the subscription fee for a defined period, and shall include those who may have been offered a free subscription as part of a promotion.
Guests:  Guest are defined as visitors to the website.  Guests may view listings, but are not able to make contact with listing owners (Members).
User:  Refers to users of the Website, either Members or Guests.
Listings:  Refers to both any property described on the website published by a Member requiring a house sitter or available for house swap, any profile of a house-sitter.
We or Our:  Refers to the owners of Kindred Spirits House Sit or Swap.
This website provides the means for Guests and Members to find out about house sit and house swap opportunities.  We rely on the honesty and integrity of our Members.

 

Membership
Eligibility – Members must be 18 years of age or older. By becoming a Member you are verifying that you are at least 18 years of age, and able to form legally binding contracts under the applicable law.  Members registered to offer their property for swap or sitting certify by accepting with these Terms and Conditions that they own or rent the accommodation being offered, and have the right to enter into and complete house swap and sit arrangements. Those renting should have written consent from the owner/Landlord before offering their property for swap or sitting.
Joining – To become a member individuals must fill out the registration form and agree to these Terms and Conditions and have read our Privacy Policy.  Membership is currently free, and is for a period of 12 months. To take advantage of this free membership offer members must create a listing within two weeks of joining. If no listing is created by day 12 a reminder will be sent. Annual subscription fees will be introduced once the website becomes established, and payment will then be required before registration is complete via Paypal.
Non-Transferable – Membership is not transferable to another party.
Membership Renewal – Members joining within the free period will be sent an invitation to subscribe at the end of their 12 months. Paying Members, via PayPal (once implemented), will be automatically resubscribed unless they choose to cancel the annual subscription via PayPal. You can do this at any point during your Membership term, until Membership is due for renewal.

Termination or Suspension of Membership – Your membership may be terminated at any time if you are deemed to have breached any of the Terms and Conditions herein or are deemed, at our discretion, to be unsuitable for any other reason. Without limiting the foregoing, we may, in our sole discretion, suspend or terminate your membership if we suspect that you have engaged in fraudulent activity in connection with this website.
Without limiting other remedies available to under law, in equity or under these Terms and Conditions, we may, at our discretion, issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership forthwith if we:

  • deem, at our discretion, that you have breached these Terms and Conditions in any respect
  • Are unable to verify or authenticate any information that you have provided to us, or
  • We believe your actions may cause legal liability for you, other users, or us.

 

Refund Policy – Annual Membership Subscriptions are non-refundable once a payment has been processed. There will be no refund of the balance of a membership period, should a Member wish to cancel membership. Members who have had their membership terminated or suspended will not be eligible for a refund.  One off payments for single house-sitting jobs will be refunded if you can show to our satisfaction that you have not been able to find someone suitable to fill the job via this Website.  For all annual subscription types, we make no guarantees that house sitting or swapping opportunities will arise for every Member.
Member Responsibility
It is a member’s responsibility to:

  • Verify the accuracy of the listings on the website before proceeding to make a house sit or swap arrangement.  We do not make reference checks of individuals using the site, it is your responsibility to do so.
  • Check their insurance policy as it may relate to arrangements made via this website.
  • Leave their property in a clean and sanitary condition ready for a house sit or house swap to commence.
  • Leave properties in the same or better condition than when they arrived at the end of a house sit or house swap
  • Notify the other party if they or other members of their party have caused any damage, and offer to repair, replace or pay for same.

 

Code of Conduct and Rules
Respect – Respect is a core value of our website.  Members should be respectful and polite in their communication with each other and respectful of each others property when engaged in house swaps and house sitting.
Behaviour – Spam, abusive, inaccurate, offensive, sexually orientated, obscene, racially offensive, defamatory or illegal material posted to the website or in communication with other Members will not be tolerated.  Said material posted to the website will be removed, and the Member responsible will have their membership terminated.
Your information – You agree to register for Membership with your own name.  You warrant that the information you have provided when registering as a Member, and on your listing, is accurate and correct.  If any of the information you have provided is incorrect or inaccurate, you are solely responsible. Information you provide must not:

  • be false, inaccurate or misleading
  • be fraudulent
  • infringe on any third party’s copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy
  • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, anti-discrimination or trade practices/fair trading laws).
  • be defamatory, libellous, unlawfully threatening or unlawfully harassing
  • be obscene or contain child pornography, or be otherwise adult in nature or harmful to or illegal for access by persons under the age of 18 years.
  • Contain any content that may be considered to be prohibited content for the purposes of the Broadcasting Services Act 1992 (Commonwealth) (for more information about this legislation, please refer to the Internet Industry Association’s Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au).
  • Contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
    • Create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider or other suppliers, or
    • Link directly or indirectly to websites that you do not have a right to link to or that it would be unlawful for you to link to.

 

Inappropriate Listings
No listings will be accepted that require sitters to manage a business as a part of the house sit or swap arrangement without pay.  If you require assistance to keep a home-based business operating in your absence, in addition to normal house-sitting/swapping duties, you will need to pay a suitable wage, as defined by the industrial relations laws in your country.  Listings of this type that do not refer to fair pay for work expected will be removed.
The Service is provided to individuals only. Any unauthorised commercial use of the Service, or the resale of its services is expressly prohibited.

Web Links/Personal Details – Listings should not provide or refer to website links to personal websites, your business website, or your profile on another website. They should not include your email address, physical address, or telephone number. This is both to protect your privacy and the possibility of inappropriate contact, and to protect our business interests. Said links can be provided, if necessary, during communication with other members via the internal messaging system.

Obligation – If your agree to enter into a house exchange or house sit, your are obligated to complete the transaction unless the transaction is prohibited by law. Cancellations can have financial consequences for the other party and result in significant inconvenience. If due to unavoidable circumstances you are unable to fulfil your part of an agreement, you should assist the other party to make alternative arrangements, including finding alternative accommodation and paying reasonable compensation for such accommodation if necessary or reimbursement for non-refundable travel expenses.
Additional Guests – Do not invite additional people to stay in another Member’s home as a part of a house sit or house swap arrangement without their express permission.
Security – It is your responsibility to ensure that your user name and password are secure.  You agree not to allow any other person to use your user name or password and you also agree not to disclose your user name or password to anybody.
Vegan or Vegetarian – By registering as a Member you are verifying that you follow a vegan or vegetarian lifestyle as defined by the Definitions above.
‘Policing’ – Vegan and vegetarian ‘policing’ will not be tolerated – this means being judgemental or disrespectful and questioning about another members lifestyle habits.  Members should refer to the definitions of vegan and vegetarian (above) before becoming Members of this website.  If there are any disputes as to whether Members are meeting these definitions, they should be referred to us for resolution at:  info@kindredspiritshouse.com
Disputes Between Members – Kindred Spirits House Sit or Swap can not be held responsible for any events that occur as a result of any relationship between Members using this website.  Any disputes arising from the use of this website must be settled directly between the parties involved in house sitting or swapping arrangements from which the dispute has arisen.  If Member attempts to resolve disputes are unsuccessful, we may volunteer to assess the situation and make suggestions for resolution, but we have no obligation to do so.  Any recommendation that we make has no binding authority.  However, if a Member is found, at our discretion, to be acting unreasonably, we may terminate their membership.  If you have a dispute with one or more of our Members, you release us (and our officers, directors, agents and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

 

Limitation of Liability

Facilitator
This website acts as a vehicle for Members to make contact with other like-minded Members, but has no involvement in actual transactions between members.  Kindred Spirits House Sit or Swap and it’s owners make no guarantees, either express or implied, regarding the properties or individuals listed on this website. We can not verify or validate any references, written or otherwise, and accept no responsibility of any kind concerning the credentials or information claimed by our members. As a result, Kindred Spirits House Sit or Swap has no control over the quality, safety or legality of information obtained from the users or this Website and/or from third parties or the truth or accuracy of any such information. Use of this website is at your own risk.  You assume all risks associated with dealing with third parties with whom you come in contact through the Website and/or from information obtained through this Website.

Indemnification
You agree to defend, indemnify, and hold harmless Kindred Spirits House Sit or Swap, its owners and employees, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Kindred Spirits House Sit or Swap website; (ii) any material you provide to the Kindred Spirits House Sit or Swap website, (iii) any website content that you use or (iii) your breach of the terms of these terms and conditions, privacy statement, representations and warranties. Kindred Spirits House Sit or Swap shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Limitation
To the fullest extent permissible at law, Kindred Spirits House Sit or Swap, its owners and employees expressly limit our liability to you in connection with the Site (including without limitation its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation) to $100 (or in the case of a Member to the greater of $100 and a refund of the fees paid by the Member in the 12 months prior to the action giving rise to liability). In no event shall we be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions (however arising, including through negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities have no responsibility for the legality or otherwise of the actions of any of its Members or Guests. Notwithstanding the above provisions, nothing in these Terms of Use is intended to limit or exclude any liability on the part of us,  where and to the extent that applicable law prohibits such exclusion or limitation.

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