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Host Terms and Conditions

Hosts Terms and Conditions

Can We Book Pty Ltd

Effective as of 1 May 2019

Can We Book understand and appreciate that you (the Host) are concerned about the quality of clients that you have in your property and these terms and conditions ensure that there is a level playing field with Hosts having certain obligations and requirements to make a Guest’s stay as relaxing as possible.

1. Code of Good Practice

At Can We Book Pty Ltd we adhere to a code of conduct that relates to our overall goals of providing excellent accommodation and experiences for both Guests and Hosts alike. We encourage Guests to experience new regions by offering world class service and accommodation in the most convenient way. In order to achieve this goal, we will abide by the following good practices:

(a)  We care about our Hosts and your Guests and we offer our easy to use Platform for your use;

(b)  We will provide you with a seamless service that will assist with your Property experiences as a Host;

(c)  We will facilitate payments for you in a professional and timely manner when our payment service is used;

(d)  Our customer service is here to help you by providing advice and comfort;

(e)  We listen to our Hosts and act on information that we receive;

(f)  We promise you an informative, user-friendly website that works for both Guests and Hosts;

(g)  We are friendly and honest and will treat you the way that we like to be treated.

1. Core Responsibilities of Hosts

1.1 Hosts Obligations and Responsibilities

The core responsibilities for Property Hosts are to ensure that our and your customers have a unique and comfortable, reliable stay. All Property Owners must meet the following requirements:

(h)  provision of essential amenities such as water, electricity and air-conditioning, heaters and fans (where the climate requires).

(i)  being responsive to Can We Book and our customers and responding to requests in a reasonable time such as within 24 hours or within the Booking Request Period;

(j)  supplying quality accommodation that is clean and comfortable for our customers;

(k)  avoiding cancellations as this may have a traumatic effect on guests;

(l)  abiding by Can We Book’s Terms and Conditions;

(m)  ensure that any terms and conditions included in your Listing such as house rules and cancellation policy must not conflict with these Terms or the relevant cancellation policy for your Property Listing.

1.2  Acknowledgement

You acknowledge and agree that, as a Host, you are responsible for:

(a)  your own acts and omissions; and

(b)  for the acts and omissions of any individuals who reside at, or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

1.3  Insurance

(a)  Can We Book Pty Ltd recommends that:

(i)  Property Hosts obtain appropriate insurance for their Accommodations.

(ii) any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

(b)  In no way whatsoever is Can We Book Pty Ltd liable for the Insurance of your Property.

2. Bookings and Financial Terms for Property Hosts

As a Property Owner, when you receive a booking request from the Can We Book platform you are required to:

(a)  either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled;

(b)  provide adequate insurance for your Property;

(c)  ensure that the Property description is complete and accurate information such as Property description, location, and dates of availability),

(d)  any rules that relate to the Property such as whether pets are welcome or whether the property is shared accommodation, if there is a property manager on site;

(e)  if you have a pool ensure that all safety requirement as required by law are in place;

(f)  provide any other pertinent information requested by Can We Book or the guest.

3. Can We Book as your Collection Agent

3.1  Booking Requests

When a booking is requested via the Site, Application and Services, we will share with you

(a)  the first and last name of the Guest who has requested the booking,

(b)  an indication that ID has been provided, so that you can view such information before confirming or rejecting the booking request.

(c)  In the event that you are unable to confirm or decide to reject a booking request within the Booking Request Period:

(d)  any amounts collected by Can We Book for the requested booking will be refunded to the applicable Guest’s credit card; and

(e)  any pre-authorization of such credit card will be released;

(f)  On confirmation of a booking requested by a Guest, Can We Book will send you an email, confirming such booking.

3.2  Fee Collection

(a)  Can We Book will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees (less Can We Book’s Service Fees and any taxes) to the Property Host within 24 hours of the check in date of the Guest (except to the extent that a refund is due to the Guest).

(b)  Payments to the Host will be made in a reasonable time which may depend upon the method for receiving payouts chosen by the Host.

3.3  Third Party Processing of Payments

Additional charges may be imposed by third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.

3.4  Payment to Can We Book Pty Ltd

(a) If you owe or agree to pay any amount to Can We Book (whether as a result of your bookings or actions as a Guest or otherwise), then Can We Book may:

(i)  withhold the amount owing to Can We Book from any payout amounts due to you as a Property Host; and

(ii)  use the withheld amount to offset the amount owed by you to Can We Book.

(b) Each Property Host hereby appoints Can We Book as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.

(c) Each Property Host agrees that payment made by a Guest through Can We Book shall be considered the same as a payment made directly to the Property Host, and the Property Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Property Host has received the Accommodation Fees.

4. Cancellation

Each Property Host agrees that Can We Book may, in accordance with the cancellation policy:

(a)  permit the Guest to cancel the booking;

(b)  must refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. and

(c)  each Property Host understands that and agrees that Can We Book accepts payments from Guests as the Property Host’s limited payment collection agent;

(d)  Can We Book’s obligation to pay the Host is subject to and conditional upon Can We Book successfully receiving the payments from Guests.

(e)  Can We Book does not guarantee payments to Property Hosts for amounts that have not been successfully received from Guests.

(f)  In accepting appointment as the limited authorized agent of the Property Host, Can We Book assumes no liability for any acts or omissions of the Property Host.

5. Listing Fees

Can We Book does not currently charge fees for the creation of Listings on the Can We Book Platform.

6. Warranties and Indemnities

6.1  Property Owner Warranties

(a)  As a Property Owner you warrant:

(i)  that all information provided to Can We Book is accurate and acknowledge that Can We Book has placed reliance on the information provided and is not required to make any enquires to determine the validity of the information provided;

(ii)  the Property Owner or their agent has the authority to perform and authorise any action that the Property Owner may undertake; and

(iii)  that all times throughout the term of this Agreement the Property Owner will notify Can We Book if there is a change to the Property Owner or their agent.

(b)  The Property Owner authorises Can We Book to:

(i)  the extent permitted by law, to collect, retain and use any information about the Property Owner; and

(ii)  disclose any information obtained by any person for the purposes of delivering the Can We Book’s Products and Services.

6.2  Property Owner Indemnities

(a) The Property Owner indemnifies Can We Book against:

(i) any penalty or liability incurred by Can We Book for any breach by the Property Owner of this Agreement; and

(ii) all actions, claims, demands, losses, damages, costs and expenses which Can We Book may sustain or incur or for which Can We Book may become liable whether during or after the term of this Agreement, by reason of any act or omission or negligence by the Property Owner and its respective agents or any other authorised person.

(b)  Can We Book is not liable for any defect or damage caused by Can We Book providing or supplying the Products and Services.

(c)  Can We Book is not liable to compensate the Property Owner for any losses incurred for failure or delay if such is due to fire, cyclone, earthquake, flood, tsunami, inclement weather, strike, labour dispute, war, government order, riot, revolution, pandemic, civil commotion or any other cause beyond its reasonable control.

(d)  Can We Book is not liable for any damage to the Property caused by the Customers or Guests.

(e)  The Property Owner must have adequate insurance for the Property.

6.3 Liability

(a)  The parties acknowledge that, under applicable Australian State and Commonwealth law and the applicable laws of the United Kingdom, United States, Canada and the European Union or any other jurisdiction that certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Property Owner in relation to the provision of the Services and/or Products which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).

(b)  Can We Book disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Property Owner, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any non-excludable Rights. To the extent permitted by the laws of Australia and laws of the United Kingdom, United States, Canada and the European Union or any other jurisdiction, the liability of Can We Book for a breach of a Non-Excludable Right is limited.

(c)  Can We Book’s liability for any claim in relation to this Agreement or the supply or performance of the Apps, Products or Services (whether under statue, contract, tort, negligence or otherwise) will be limited to the amount of the fee paid by the Property Owner to Can We Book for the booking of the Property that the claim is made.

(d)  Can We Book is not be liable to the Property Owner for any claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any direct or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) of any remote abnormal of unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties, as a result of or in connection with the provision of the supply or performance of the Services and/or Products in any jurisdiction.

(e)  The Property Owner agrees that they waive any claim, future or present, that they may have or may arise against Can We Book that is in any way connected directly or indirectly with the supply of the Services and/or Products whether in Australia, the United Kingdom or any other jurisdiction.

(f)  Notwithstanding any other provision of this Agreement, Can We Book is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the the Property Owner for:

(iii)  any increased costs or expenses;

(iv)  any loss of profit, revenue, business, contracts or anticipated savings;

(v)  any loss or expense resulting from a claim by a third party; or

(vi)  any special, indirect or consequential loss or damage of any nature whatsoever caused by Can We Book Ptd Ltd’s failure to complete or delay in supply of the Services and/or Products.

(g)  The Property Owner further indemnifies Can We Book from any costs or charges that in anyway either directly or indirectly relate to the supply of the Services and/or Products and further for any services or goods that Can We Book performs or supplies.

6.4  Uploaded Content

Can We Book is not responsible for any content that is uploaded by third parties or a Host Owner on to our website of our App and accordingly the Host indemnifies Can We Book in respect of an any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which the Discloser suffers, incurs or is liable for in respect of:

(a)  any breach of the Terms and Conditions of Can We Book uploaded by a third party as a guest of the Property Owner;

(b)  content uploaded by the Property Owner on to the Can We Book Platform.

6.5  Default of Property Owner

(a) If the Property Owner:

(i) makes default in any payment;

(ii)  breaches any terms contained herein this Agreement;

(iii)  commits any act of bankruptcy or goes into bankruptcy;

then Can We Book may terminate this Agreement and all Tax Invoices and other monies owing to Can We Book become immediately due and payable.

(b) In the Event of Default under this clause, Can We Book, at its discretion:

(i)  elect to apply an interest charge against the Property Owner’s account at the rate of 5% of the outstanding monies per month or part thereof;

(ii)  charge an administration fee each month, or portion thereof, that an amount owing by the Property Owner is overdue;

(iii)  commence proceedings against the Property Owner or enforce any personal guarantee;

(iv)  recover against the Property Owner all moneys that are owed to Can We Book including incidental costs that are incurred in relation to the Property Owner’s default;

(v)  list the default in payment with the appropriate credit reporting agency; and

(vi)  perform any other action that Can We Book deems appropriate to enforce this Agreement and recovery monies owed.

7. Intellectual property rights

7.1 Definitions

Intellectual Property of Intellectual Property Rights means all intellectual property and proprietary rights (whether registered or unregistered), including:

(a)  business names;

(b)  domain names;

(c)  trade or service marks;

(d)  any right of the Group to have information (including Confidential Information) kept confidential;

(e)  patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, data bases, know-how, logos, designs, design rights, copyright and all other similar industrial or intellectual property rights; and

(f)  technology, technology IP, technology products, technology contracts, and all other intellectual property rights relating to technology or software, owned or used at any time by Can We Book Pty Ltd.

7.2 Intellectual Property and our Software

All intellectual property rights and copyright in:

(a)  the Software and Can Book Pty Ltd’s Services and other goods (including but not limited all calculations and documents associated with our Platform; and

(b)  all designs, drawings, technical information and documents created, owned or held by the Can We Book,remain the property of the Supplier and shall only be used by the Customer at the Supplier’s discretion.

(c)  Unless stated otherwise, the software required for our services or used by our Platform and all other intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Can We Book Pty Ltd.

(d)  The Host warrants that all designs, photographs, content and instructions to Can We Books will not cause Can We Book to infringe any patent, registered design or trademark in the execution of the Hosts instructions the Host agrees to indemnify the Can We Book against any action taken by a third party against Can We Book in respect of any such infringement.

(e)  Can We Book Pty Ltd exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available and you are not entitled to copy, publish, promote, market, integrate, utilise, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission.

(f)  To the extent that the Host would use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Can We Book.

(g)  Any unlawful use of any of Can We Book’s intellectual property and our Platform or unacceptable behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right) and will be considered a material breach of our terms and conditions.

8. Disclaimer

8.1 Legal Status

(a) Can We Book is validly existing and in good standing has full corporate power to operate the Website Canwebook.com.au and to conduct the Business; and

(b)  has full authority and all necessary consents to enter into and perform this document.

(c)  Can We Book Pty Ltd holds appropriate professional indemnity insurance policies tailored accordingly to the engagements undertaken.

(d)  This document (including attachments) is only intended for Hosts and may contain privileged or confidential information. Unauthorised use, copying or distribution of this document or any part of its contents is prohibited. If you receive this document in error please telephone us and return it by post. We will reimburse you for any reasonable expenses incurred in meeting this request.

8.2  Disclaimer

This website is operated by Can We Book Pty Ltd, If you use this website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website. If you do not accept these terms and conditions, you must refrain from using this website. Can We Book Pty Ltd reserves the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

8.3  Intellectual property rights statement

All intellectual property rights in this website, including design, text, graphics, logos, icons, pictures, the selection and arrangement thereof, sound recordings and all software relating to this website, belong to or are licensed by Can We Book Pty Ltd. These intellectual property rights are protected by Australian and international laws.

Other than for the purposes of printing one hard copy of the material on this website for [non- commercial] use, research, criticism or review, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, publish, post, frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without Can We Book prior written permission or, in the case of third party material, from the owner of the copyright in that material.

8.4  Linked websites

This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Can We Book Pty Ltd is not responsible for the content or privacy practices associated with those linked websites.

8.5  Secure data

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Can We Book Pty Ltd strives to protect such information, Can We Book Pty Ltd does not warrant and cannot ensure the security of any information which you transmit to Can We Book Pty Ltd. Accordingly, any information which you transmit to this website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact Can We Book Pty Ltd immediately.

8.6  Unsolicited ideas

Can We Book Pty Ltd appreciates any suggestions (‘unsolicited ideas’) that you may have regarding ways in which we may improve this website, or materials which we may add to this website. Any submitted materials incorporated for wider distribution will, as Can We Book Pty Ltd deems appropriate and in its sole discretion, may be acknowledged as being provided by you or your organisation as appropriate.

Any unsolicited ideas that you submit to Can We Book Pty Ltd will not be regarded as confidential, and will become Can We Book property. Can We Book Pty Ltd may reproduce, disclose, broadcast, transmit to the public or otherwise use those ideas, without any obligation to compensate you.

8.7  Warnings
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

Can We Book Pty Ltd does not warrant the accuracy, adequacy or completeness of the information, nor does Can We Book Pty Ltd undertake to keep this website updated. The information on this website is not, and is not intended to be, advice. Persons should not act or refrain to act on the basis of any of the material without first satisfying themselves as to the truth or accuracy of all information given.

Can We Book Pty Ltd does not warrant the availability, functionality or performance of the website, the electronic transmission, receipt authentication, lodgement or any other dealing whatsoever with electronic documents or mail or any other data, or the use of automatic language translation devices in connection with this website.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, Can We Book Pty Ltd does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

8.8  Disclaimer

This website has been compiled by Can We Book Pty Ltd on the basis of current general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, Can We Book Pty Ltd disclaims all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary.

Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. Can We Book Pty Ltd makes no representations or warranties that use of the information on this website will not infringe such intellectual property rights.

Can We Book Pty Ltd does not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Can We Book Pty Ltd disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. By entering and using this website, you warrant and acknowledge to Can We Book Pty Ltd that you will not rely upon any material posted to this website without first consulting with Can We Book Pty Ltd. To the extent permitted by law, Can We Book Pty Ltd hereby excludes all liability of Can We Book Pty Ltd, its partners, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of, or damage to property, and third-party claims.

8.9  Indemnity

You agree to indemnify Can We Book Pty Ltd, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to Can We Book Pty Ltd via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to negligence, misrepresentation, breach of contract, copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Trade Practices Act 1974 (Cth).

8.10  Governing law and jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of Queensland, Australia will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.

If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.