Welcome to hometime.io (the "Website"). The Website, as well as any applicable sub-domains, arranges for professional third party contractors to provide housekeeping services (the "Services") to short term rental properties (the "Property") through the Website.
The Website is operated by Kayla Technologies Pty Ltd (ACN 605 983 373) trading as Hometime ("Hometime"). Access to and use of the Website, or any of its associated products or Services, is provided by Hometime. Please read these terms and conditions (the "Terms") carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
Hometime reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hometime updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by registering for the Services and/or making any payment as required under the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you in the user interface.
In order to access the Services, you must first register for an account through the Website (the "Account").
As part of the registration process or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
You warrant that any information you give to Hometime in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process you will be a registered member of the Website ("Member") and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services.
You may not use the Services and may not accept the Terms if:
As a Member, you agree to comply with the following: you will use the Services only for purposes that are permitted by:
As a Member, you acknowledge and agree that it is your responsibility to ensure that in booking the Services (the "Booking") you arrange for the Property to be accessible within the time window selected by you at the time of the Booking (the "Time Window").
Where Hometime attends your property outside of the Time Window then Hometime will wait for no more than fifteen (15) minutes, after which time they will leave and you will need to arrange another time for Hometime to attend to provide the Services.
Where your Property is inaccessible within the Time Window, and you fail to arrange an alternative Time Window with Hometime prior to the Services taking place then you warrant that you will be charged an access penalty fee to cover the cost incurred in attending the Property.
In addition to the Services, Hometime also facilitates you the opportunity to have your linen laundered at your chosen laundromat (“Linen Services”). In using the Linen Services, you acknowledge and agree that you are responsible for any loss and/or damage to the linen while it is at your property and whilst with your chosen laundromat.
You understand that the price for the Services will vary dependant on the nature of the Services being provided to you by Hometime and will be identified through the Website (the "Services Fee"). The Services Fee is determined by Hometime in their sole discretion and may be varied by Hometime from time to time.
Where the option is given to you, you may make payment for the Services (the "Services Fee") by way of Credit Card Payment using Stripe Australia Pty Limited ("Stripe").
In using the Website, the Services or when making any payment in relation to the same, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the same.
You agree and acknowledge that Hometime may vary the Services Fee from time to time.
Hometime will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services, or if the manager of Hometime makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances '(the "Refund"). Hometime may provide you with a voucher to reuse the Services should the Member request same.
The Website, the Services and all of the related products of Hometime are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Hometime or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Hometime, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
Hometime does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Hometime.
Hometime retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
You may not, without the prior written permission of Hometime and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
Hometime will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and '"as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hometime makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Hometime) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Hometime’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Hometime, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
The Terms will continue to apply until terminated by either you or by Hometime as set out below.
If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Hometime via email at firstname.lastname@example.org.
Hometime may at any time, terminate the Terms with you if:
Subject to local applicable laws, Hometime reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Hometime’s name or reputation or violates the rights of those of another party.
You agree to indemnify Hometime, its affiliates, employees, agents, contributors and licensors from and against any breach of the Terms.
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Sydney, Australia.
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation: If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Hometime is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.