terms and conditions

Terms & Conditions Bedssi

Bedssi Pty Ltd (ABN 59 602 546 065) (referred to as Bedssi) provides a messaging platform, booking platform, payment platform, searchable directory, social network and introductory service between (i) students or individuals affiliated with education institutions who are seeking to stay at an accommodation such as a residential property or an establishment which can provide accommodation (Accommodation) for a period of time (Guests); (ii) individuals who are able to provide such Accommodation for the agreed period (Hosts), (iii) organisations who are able to provide such Accommodation for the agreed period (Business Host and/or Commercial Host) (collectively, the Services). The Services are available on the Bedssi website at www.bedssi.com (Site). Stripe.com (Stripe) and Stripe’s global affiliates process transactions (including payment transactions for accommodation and service fees) for Bedssi.

1.Acceptance of Terms

(a)These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Bedssi, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including but not limited to Guests and Host and/or Business Host and/or Commercial Host (collectively referred to as Users, each a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Bedssi using the contact details at the end of these Terms.
(b)The User's use of the Site and the Services indicates that the User:
(i)has had sufficient opportunity to access the Terms and contact Bedssi;
(ii)has read, accepted and will comply with the Terms;
(iii)has legal capacity to enter into a contract for sale; and
(iv)is 18 years or older.

If this is not correct, or if the User does not agree to these Terms, the User should not click to accept these Terms or use the Site and Services.

(c)These Terms may be amended from time to time, without prior notice. Use of our Services following any amendments will be deemed to be confirmation that the User accepts the amendments. Bedssi recommends that each User checks the current Terms before continuing use of the Services. Bedssi's agents, employees and third parties do not have authority to change the Terms.
(d)These Terms supplement and incorporate:
(i)the Bedssi policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site;
(ii)the Stripe Payments terms and conditions, including without limitation, the Stripe Payments Privacy Policy and the Stripe Payments Seller Agreement available at https://stripe.com/au/legal/
(e)Bedssi's Privacy Policy sets out how Bedssi collects, uses and protects the personal information of its Users which is available on the Site.

2.Introductory Service Only

(a)The Site and the Services provide a messaging platform, booking platform, payment platform, searchable directory, social network and an online introductory service between Guests, Host and/or Business Host and/or Commercial Host,
(b)A User can browse and view Listings, Profiles and the Site as an unregistered User of the Site and Services. A User must register as a member on the Site and create an account (Account) to access all Services and features on the Site. Only Users with an Account can create a profile as per information requested on the Site (Profile). Each User is responsible for its own Profile.
(c)Hosts and/or Business Host and/or Commercial Host with a Profile may create a listing on the Site (Listing) to advertise the availability of Accommodation.
(d)A Host and/or Business Host and/or Commercial Host's Listing must set out all relevant information in a Listing such as: the availability of the Accommodation, the type of room, the maximum number of people accommodated in the Accommodation, the approximate geographical location, availability of any additional services (such as house keeping or cleaning services), whether any bond or deposit is payable, whether the Guest is required to make full or part payment via Bedssi; whether any accommodation rules apply, any refund or cancellation policy and any other terms and conditions applicable to the Accommodation. Each Listing also contains a calendar showing the availability of the Accommodation. It is the Host and/or Business Host and/or Commercial Host's responsibility to keep the calendar up-to-date.
(e)Each Host and/or Business Host and/or Commercial Host agrees to provide accurate, current and complete information in any Listing it creates and keep such information current where appropriate. It acknowledges and agrees that each Listing it creates is its own responsibility.
(f)By creating a Listing, the Host and/or Business Host and/or Commercial Host represents and warrants that it holds all legal title to the property the subject of the Accommodation, or has obtained permission from its landlord or the property owner, and is legally authorised to offer the Accommodation.
(g)Each Host and/or Business Host and/or Commercial Host's Listing must offer only one Accommodation. Host and/or Business Host and/or Commercial Host must procure a Listing for each Accommodation.
(h)Guests with an Account will be able to contact a Host and/or Business Host and/or Commercial Host, request or book and pay for Accommodation via Bedssi's messaging application on the Site (Bedssi Messenger). When a User books an Accommodation (Booking), they accept any terms and conditions set out in the relevant Listing. Guests can make Bookings to stay at an Accommodation for (i) 28 days or less (Short Term Stay); or (ii) more than 28 days (Long Term Stay).
(i)Each User understands and agrees that the Site is an online introductory platform only, and that Bedssi's responsibilities are limited to (i) facilitating the availability of the Site and the Services; and (ii) acting as a limited payment collection agent of each Host and/or Business Host and/or Commercial Host.
(j)Bedssi takes the safety of its Users very seriously. When interacting with another User, Bedssi recommends that Users exercise their discretion and judgment, remain cautious and do not disclose any personal and/or financial information to that other User. When a User is meeting another User in person, Bedssi recommends the following action be taken by the User, as a minimum:
(i)conduct your own background research in respect of the other User;
(ii)if you are a Guest, provide a friend or family member with full details of your travel itinerary and location details including, but not limited to, Accommodation details and details of the identity of your Host and/or Business Host and/or Commercial Host;
(iii)do not share or exchange any personal information;
(iv)if the Guest is providing banking or other payment details to a Host and/or Business Host and/or Commercial Host, conduct background research to ensure that the Host and/or Business Host and/or Commercial Host is a company, education institution or trusted entity.
(k)Bedssi is not a party to any agreement entered into between a Guest and a Host and/or Business Host and/or Commercial Host. Bedssi is not a referrer or booking agent, and provides no such related services. Bedssi has no control over the conduct of Guests, Host and/or Business Host and/or Commercial Host and any other users of the Site and the Services. Bedssi disclaims all liability in this regard, as set out in these Terms.
(l)Any arrangement between a Guest and a Host and/or Business Host and/or Commercial Host is solely between the Guest and Host and/or Business Host and/or Commercial Host. It is strictly and expressly not part of the User's agreement with Bedssi.

3.Online Registration

(a)Each User may only have one (1) Account on the Site including a Profile.
(b)Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
(c)Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Bedssi reserves the right to suspend or terminate any User's Account and his/her access to the Site and Services if any information provided to Bedssi proves to be inaccurate, not current or incomplete.
(d)To keep information secure and confidential, Users may be requested by Bedssi to change their passwords at regular intervals. Further information on the storage and security of your personal information can be found in our Privacy Policy and Website Terms of Use.
(e)It is the User's responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(f)The User will immediately notify Bedssi of any unauthorised use of its Account.

4.Users and User Profiles

(a)Users who have created an Account are permitted to create Profiles. The User's Profile for its use of the Site is created from: personal information provided to Bedssi by way of valid personal identification; and public information available on the User's linked social media account(s). A Profile will not become visible to other Users until it has been submitted to, reviewed by and approved by Bedssi. Profiles are viewable by all Users.
(b)Each User acknowledges and agrees that it is responsible for its own Profile. A User's Profile will include a User's first name and the initial of their surname.
(c)Users can access the Site to communicate with other Users via Bedssi Messenger and request to book or list Accommodation.
(d)If a Guest contacts a Host and/or Business Host and/or Commercial Host and request to book Accommodation, any subsequent agreement entered into is between the Guest and Host and/or Business Host and/or Commercial Host only and Bedssi is not a party to that agreement.
(e)Each User acknowledges and agrees that any communications entered into with another User are at his or her own risk. Bedssi does not provide a User with and cannot guarantee that other Users have genuine intentions.
(f)Each User should but is not required to report to Bedssi any activities or requests of Users which are, or which the User reasonably believes to be:
(i)suspicious;
(ii)inconsistent;
(iii)illegal; or
(iv)likely to have a negative effect on the reputation of Bedssi, the Site, Services and/or a User.
(g)Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
(h)Each Host and/or Business Host and/or Commercial Host represents and warrants that any content that provided and Profile and Listing posted:
(i)will not breach any agreement entered into with any third parties;
(ii)will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to the Host and/or Business Host and/or Commercial Host and any User in its local area and country; and
(iii)will not conflict with the rights of third parties.

(i)For the avoidance of doubt, Bedssi assumes no responsibility for a User's compliance with any applicable laws, rules and regulations.

(j)Bedssi reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that Bedssi, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

5.Host and/or Business Host and/or Commercial Hosts – additional requirements, warranties and obligations

(a)Before a Host and/or Business Host and/or Commercial Host can offer Accommodation, in addition to providing a valid form of personal identification and contact details, a Host and/or Business Host and/or Commercial Host may also be requested to provide any other information or documents reasonably requested by Bedssi. Host and/or Business Host and/or Commercial Hosts are also required to verify any insurance policies provided to Bedssi.

(b)Each Host and/or Business Host and/or Commercial Host agrees to provide accurate, current and complete information in any Listing it creates. It acknowledges and agrees that each Listing it creates is its own responsibility.

(c)Each Host and/or Business Host and/or Commercial Host represents and warrants that:

(i)it has provided information to Bedssi regarding its insurance and other details that is up-to-date, complete and not misleading;
(ii)it will not in any way hold itself out as acting for or on behalf of Bedssi, whether as agent, contractor, employee or otherwise;
(iii)it will act lawfully and will comply with any applicable licences, laws, regulations, industry code of conduct and Australian standards, obtain any permits or exemptions and submit any registrations which may be required to offer the Accommodation;
(iv)it has made its own arrangements to ensure adequate insurance coverage is effective (including, if applicable, rental insurance and/or public liability insurance) and maintained in relation to the Accommodation; and
(v)it will only offer Accommodation where it is legally permitted to do so;
(vi)the Accommodation will never accommodate more than the maximum number of Guests identified in a Listing at any one time.

6.Ratings and Reviews

(a)Users may rate a Profile or Listing (Rating), which determines the popularity of individual Profiles or Listings. Users may also provide feedback (i) as a Guest to Host and/or Business Host and/or Commercial Host regarding the Accommodation provided by the Host and/or Business Host and/or Commercial Host; or (ii) as a Host and/or Business Host and/or Commercial Host to a Guest regarding the Guest's stay at the Accommodation (Review).

(b)Ratings and Reviews are viewable by all Users. Ratings and Reviews will remain viewable until the relevant User's Account, Profile and Listing is removed or terminated.

(c)Each User must provide true, fair and accurate information in their Review.

(d)If, in Bedssi's reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Bedssi may delete the Review or ban the User from posting the Review. Bedssi does not undertake to review each Review made by a Guest.

(e)To the fullest extent permitted by law, Bedssi is not responsible for the content of any Reviews.

(f)If, in the opinion of Bedssi, a User consistently receives poor Ratings and/or Reviews, Bedssi may at its discretion terminate the User's Account, remove the User's Profile and/or Listing(s) and stop providing the User with the Services.

7.Payments

(a)There are currently no registration or Listing fees payable by Users for use of the Site.

(b)Guests acknowledge that use of the Services may result in charges to them when they make a Booking including:

(i)the amount due and payable by the Guest for the Guest's stay at the Accommodation throughout the period specified in the Booking (Accommodation Fee); and
(ii)Bedssi's service fee, Stripe Payments's service fees, any other applicable fees and charges including but not limited to insurance fees, taxes or customer support and fraud protection fees, where applicable (collectively Service Fees),
(iii) Bedssi’s Offline Accommodation Search Fee applicable where a Guest seeks and receives ancillary assistance with making a booking initiated either through a Bedssi.com Accommodation search and then completed offline or via contacting Bedssi.com offline for all aspects of booking (Offline Accommodation Search Fee).

(collectively the Fees).

(c)The Fees are charged in Australian Dollars unless otherwise specified in the relevant Booking. Goods and Services Tax (GST) will be charged where applicable.

(d)Each User agrees to pay the relevant fees, in the currency specified on the Site at the time that it requests an Accommodation and makes a Booking, either completed on Bedssi.com or via offline contact with Bedssi.

(e)Subject to clause 7(f), payment of Fees by a Guest will differ subject to the duration of the stay as follows:

(i)For a Short Term Stay, each Guest is required to pay the Accommodation Fee and Service Fees upfront at the time of the Booking.
(ii)For a Long Term Stay, the Guest will pay by instalments as follows: the Accommodation Fee will be divided into equal instalments for every 28 days across the duration of the Booking (Instalments). The Guest must pay the first Instalment plus the Service Fees for the entire Long Term Stay upfront at the time of the Booking. Guest must pay subsequent Instalments every 28^th day after the scheduled commencement date of the Long Term Stay. The parties acknowledge that the final Instalment may be an advance payment for a period less than 28 days.

(f)At the time of Booking, some Host and/or Business Host and/or Commercial Hosts may require Guests to pay upfront:

(i)the Services or Offline Accommodation Search Fees only; or
(ii)the Services or Offline Accommodation Search Fees and a part of the Accommodation Fee (collectively Alternate Payments).

(g)Where a Host and/or Business Host and/or Commercial Host requires a Guest to make Alternate Payments, the Guest agrees to pay, and the Host and/or Business Host and/or Commercial Host agrees to accept, the outstanding Accommodation Fees as stated on the Site at the time of Booking.

(h)As the Host and/or Business Host and/or Commercial Host's limited payment collection agent, Bedssi will collect from the Guests the Accommodation Fees on behalf of the Host and/or Business Host and/or Commercial Host.

(i)Unless Bedssi is notified of any Booking cancellation, Bedssi will notify Stripe Payments within 24 hours after the date the Guest is scheduled to commence the Short or Long Term Stay to facilitate payment to Host and/or Business Host and/or Commercial Host's nominated bank account the applicable Accommodation Fee for the Accommodation supplied by the Host and/or Business Host and/or Commercial Host less the agreed commission as set out on the Site for referring the Guest to the Host and/or Business Host and/or Commercial Host and any taxes (such as GST) payable by Bedssi for the Services.

(j)Subject to 7(k), Guests must pay the Fees via Stripe Payments. Payment for Short Term Stay or the first Instalment of a Long Term Stay will be processed upon receipt of the request for a Booking. If the Guest's payment is not successfully processed at the time the Guest attempts to make the Booking, then the request for a Booking will not be confirmed. If Bedssi does not receive the applicable fees in full, the Booking will not be processed and the Booking will not be confirmed. In relation to Long Term Stay, each subsequent Instalment will be automatically charged from the Guest's Stripe Payments account 10 days prior to the end of the 28-day period. If Bedssi does not receive payment of each subsequent Instalment at the time the Instalment is due, Bedssi will notify the Host and/or Business Host and/or Commercial Host and the Host and/or Business Host and/or Commercial Host may at its discretion require the Guest to leave the Accommodation and terminate the Long Term Stay.

(k) Subject to 7(b) Offline Accommodation Search Fees will apply where a Guest seeks and receives offline assistance from Bedssi with searching for initial or additional Accommodation bookings, irrespective of whether an initial search was initiated through the Site and then completed offline or via contacting Bedssi.com directly offline to initiate or complete a booking. Accommodation and the transaction is completed extramural to the Site (Offline Accommodation Search Fee). The Offline Accommodation Search Fee will be AUD$250 or the equivalent of one week’s Accommodation amount, whichever is the greater.

If the Guest subsequently declines all Accommodation options offered by the Site, Bedssi will refund AUD$100 of the Offline Accommodation Search Fee amount payable. All Offline Accommodation Search Fees will be payable to Bedssi at time of Booking.

(l)The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.

(m)In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.

(n)Nothing prevents Bedssi from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User's information may be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor's fees and any out of pocket expense. If the User at any time exceeds Bedssi's payment terms and as a result are passed on for collection and or legal action, Bedssi may place a default against the User with a credit reporting agency.

(o)Bedssi's pricing structure or payment methods may be amended from time to time at its sole discretion.

8.Limited Payment Collection Agent

(a)Each Host and/or Business Host and/or Commercial Host appoints Bedssi as the Host and/or Business Host and/or Commercial Host's limited payment collection agent solely for the purpose of accepting, or appointing Stripe Payments to accept, the Accommodation Fees from the Guest.
(b)Each User agrees that payment of Accommodation Fees in respect of a Host and/or Business Host and/or Commercial Host by a Guest to Bedssi, as that Host and/or Business Host and/or Commercial Host's limited payment collection agent, shall be considered the same as a payment made directly by that Guest to the relevant Host and/or Business Host and/or Commercial Host and the Host and/or Business Host and/or Commercial Host will provide the relevant Accommodation to the Guest, as outlined in the relevant Listing, as if the Host and/or Business Host and/or Commercial Host had received payment directly.
(c)Each User agrees that Bedssi, as the Host and/or Business Host and/or Commercial Host's limited payment collection agent, may permit a Guest to cancel a Booking and provide the Guest with a refund in accordance with the cancellation and refund policy set out in the Host and/or Business Host and/or Commercial Host's Listing.
(d)Bedssi, as limited payment collection agent for the Host and/or Business Host and/or Commercial Host, agrees to facilitate the payment of any Accommodation Fees for the Accommodation within 24 hours after the Guest is scheduled to commence the Short Term Stay and, for a Long Term Stay, within 24 hours of payment of each subsequent Instalment. In the event that Bedssi does not remit a payment to the Host and/or Business Host and/or Commercial Host, the Host and/or Business Host and/or Commercial Host will have recourse only against Bedssi or Stripe Payments and not the Guest.
(e)Notwithstanding Bedssi's appointment as limited payment collection agent of each Host and/or Business Host and/or Commercial Host, Bedssi explicitly disclaims all liability for any acts or omissions of the Host and/or Business Host and/or Commercial Host or any other third parties.

9.Booking through the Site with Business Host and/or Commercial Hosts

Subject to clause 7 but notwithstanding any previous provision of these Terms of Service, where Accommodation is offered by a Business Host and/or Commercial Host and is booked on the Site by the Guest, an amount will be payable by the Guest at that point equivalent to Bedssi's service fee, Stripe Payments's service fees, any other applicable fees and charges including but not limited to insurance fees, taxes or customer support and fraud protection fees, where applicable (collectively Service Fees); or Bedssi’s Offline Accommodation Search Fee where applicable.
Subsequent to booking on the Site and payment of the Service Fee or Offline Accommodation Search Fee, the booking and/or cancellation/refund policies and procedures and conditions of the Business Host and/or Commercial Host will then apply to the remainder of the booking and Accommodation conditions.
All disclaimers, limitations of liability and indemnities set out in these Terms of Service continue to apply to Bedssi.

10.Offers and Promotions

(a)Bedssi may, from time to time, make offers or promotions which may be applicable to the Services.
(b)The conditions of such offers or promotions will be specified on the Site.
(c)The User acknowledges and agrees that Bedssi may, at its sole discretion, remove or extend any offers or promotions, and Bedssi will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

11.Dispute Resolution

(a)By using our Site and Services, each User agrees that any legal remedy or liability that it may seek to obtain for actions or omissions of a Guest, Host and/or Business Host and/or Commercial Host, or other third party, will be limited to a claim against the Guest, Host and/or Business Host and/or Commercial Host or other third party, who caused harm to him or her. Bedssi encourages Users to communicate directly with the relevant Guest, Host and/or Business Host and/or Commercial Host or third party to resolve any disputes.
(b)Bedssi welcomes feedback from its Users. Bedssi seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
(c)If there are any complaints from a User, Bedssi will aim to respond and provide a suitable solution within [45] days. If a User is not satisfied with Bedssi's response, the User and Bedssi agree to the following dispute resolution procedure:
(i) the complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Bedssi agree to discuss the complaint either in person, online or by any means convenient to the parties in order to seek to resolve the dispute by agreement (Initial Meeting).
(ii) if a resolution cannot be agreed upon at the Initial Meeting, either the User or Bedssi may refer the matter to a mediator. If the User and Bedssi cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place in New South Wales for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
(d)Any attempts made by a Party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

12.Cancellation of Registration

(a)If a User wishes to cancel its Account and/or Listing, it can do so at any time by contacting Bedssi using the contact details below.

13.Cancellation and Refund Policy

(a)Except as otherwise indicated in these Terms, any cancellation of a Booking or refund of any Fees is strictly a matter between the Guest and the Host and/or Business Host and/or Commercial Host. The terms and conditions agreed to between the Guest and Host and/or Business Host and/or Commercial Host should be set out clearly in the Listing in respect of the Accommodation.
(b)Bedssi (as the relevant Host and/or Business Host and/or Commercial Host's limited payment collection agent) may, at its sole discretion, provide a Guest with a credit or refund in limited circumstances. For our full cancellation and refund policies, please see http://bedssi.com/cancellation-policy and
http://www.bedssi.com/refund

14.Consumer Guarantees

(a)Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

(b)If the User is a consumer as defined in the ACL, the following notice applies to the User from Bedssi: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates."

15.Intellectual Property

(a)All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Bedssi (or its affiliates and/or third party licensors as applicable).

(b)The User agrees that, as between the User and Bedssi, Bedssi owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Bedssi or the owner of the content.

(c)Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(d)Bedssi's Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Bedssi or the applicable trademark holder or Intellectual Property owner.

(e)Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Bedssi or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

16.User Licence

(a)Subject to these Terms, Bedssi grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Bedssi's prior written consent.

(b)The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.

(c)This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

17.Prohibited Conduct

(a)The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User's use of the Site and Services, the User may not and agrees that it will not:

(i)use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(ii)register for more than one Account or register for an Account on behalf of another individual and/or entity;
(iii)use the Services to find a Host and/or Business Host and/or Commercial Host and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Bedssi's provision of the Services;
(iv)post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
(v)submit any false or misleading information;
(vi)as a Host and/or Business Host and/or Commercial Host, offer any Accommodation that it does not intend to honour or is otherwise unable to provide;
(vii)as a Guest, make any offers or Bookings to the Host and/or Business Host and/or Commercial Host that it does not intend to honour;
(viii)violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
(ix)copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
(x)infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(xi)use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(xii)use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
(xiii)stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
(xiv)use, display, mirror or frame the Site or any individual element within the Site, Services, Bedssi's name, any Bedssi trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Bedssi's express written consent; or
(xv)advocate, encourage, or assist any third party in doing any of the foregoing.

18.Content

(a) The Site, Services and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Bedssi and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

(b) The User must not post, upload, publish, submit or transmit any content that:

(i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii)is fraudulent, false, misleading or deceptive;
(iii)denigrates Bedssi, the Site, Services, a Guest, or a Host and/or Business Host and/or Commercial Host;
(iv)violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(v)is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi)is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii)promotes illegal or harmful activities or substances.

19.User Content

(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Bedssi a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.

(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:

(i)it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Bedssi the rights in such User Content or Intellectual Property, as contemplated under these Terms; and

(ii)neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Bedssi's use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c)Bedssi may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

20.Disclaimers

(a)Bedssi does not guarantee that Host and/or Business Host and/or Commercial Hosts' Accommodation will be requested by any Guest, nor does Bedssi guarantee that Guests will be able to find desirable Host and/or Business Host and/or Commercial Host(s) and/or Accommodation(s).

(b)Bedssi may offer Users tailored content based on the Rating of a Listing, the User's search history or selected location but does not endorse any Host and/or Business Host and/or Commercial Hosts, Guests, Profiles, Listings or Accommodations through tailored content.

(c)Although Bedssi may display a verification badge on a Profile for Users who have provided sufficient selected information as requested on the Site, Bedssi does not endorse or guarantee the legitimacy of any Host and/or Business Host and/or Commercial Host, Guest, Profile, Listing or Accommodation. Bedssi requires Users to confirm that they have provided accurate information and asks them to verify their details by linking a social media account, providing photographic identification and/or adding a video of the User to their Profile. Users must upload certain amount of information to receive a verification badge. Bedssi is not obliged to perform any sort of background checks of the Users, and is not obliged to confirm the identity of any Guest or Host and/or Business Host and/or Commercial Host, any Profile, Listing and/or validate any Accommodation. Users are wholly responsible for all aspects of screening and selecting Users they contact or who contacts them via the Site and Services. If a User believes another User is suspicious, they may report the suspicious User to Bedssi using the contact details set out below.

(d)Bedssi cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Host and/or Business Host and/or Commercial Host or Accommodation. Guests are responsible for determining the identity and suitability of Host and/or Business Host and/or Commercial Hosts that they contact via the Services and the Accommodation they book.

(e)Bedssi is not an owner, operator or provider of any Accommodation including but not limited to hotel rooms, motel rooms, backpacker lodgings, student lodgings, private rooms or apartments.

(f)Bedssi cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Host and/or Business Host and/or Commercial Host, Guest or Accommodation. Users are responsible for determining the identity and suitability of the Accommodation and other Users that they contact via the Site and Services.

(g)Bedssi accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Bedssi disclaims any and all liability related to any and all Guests, Host and/or Business Host and/or Commercial Hosts, Profiles, Listings, Accommodations.

(h)Bedssi recommends all Guests check the identification of the Host and/or Business Host and/or Commercial Hosts prior to using the Accommodation. Bedssi also recommends all Host and/or Business Host and/or Commercial Hosts exercise due skill and care in verifying the identity of any Guest prior to permitting them to lodge at the Accommodation.

(i)By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Guests, Host and/or Business Host and/or Commercial Hosts or other third parties will be limited to a claim against the Guest, Host and/or Business Host and/or Commercial Host or other third party who caused it harm. Bedssi encourages the User to communicate directly with the relevant Guest or Host and/or Business Host and/or Commercial Host on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

(j)To the fullest extent allowable under applicable law, Bedssi disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

(k)For the avoidance of doubt, Bedssi is not responsible for any duties, fees, taxation, visa, immigration, zoning restrictions or related matters associated under these Terms. Bedssi advises that all Users using the Site and Services should seek advice in relation to these matters.

(l)Each Guest and Host and/or Business Host and/or Commercial Host who uses the Site and the Services does so at their own risk. Each User agrees to take all necessary precautions in all interactions with other Users. Any communication or interaction between Users via or outside the Site and/or Services is conducted at their own risk (including but not limited to meeting a User in person, staying at a User's Accommodation or exchanging personal information with a User).

(m)Bedssi excludes all express and implied conditions and warranties, except for the User's Rights, to the fullest extent permitted by law, including but not limited to:

(i)Bedssi expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

(ii)Bedssi does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, Accommodation descriptions, links etc.), or the User's access to the Site, or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;

(iii)Bedssi takes no responsibility for, and will not be liable for, the Site, the Services, the Guests, the Host and/or Business Host and/or Commercial Hosts, the Accommodation being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User's needs, or being of less than merchantable quality; and

(iv)Bedssi will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User's information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the Services, content on the Site, inability to access or use the Site, the Services, any Profile, any Listing, the Accommodation or the Terms, even if Bedssi was expressly advised of the likelihood of such loss or damage.

(n)The User agrees not to attempt to impose liability on, or seek any legal remedy from Bedssi with respect to such actions or omissions.

21.Limitation of Liability

(a)To the fullest extent permitted by law, Bedssi's total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Bedssi in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(b)The limitations of damages set forth above are fundamental elements of the basis of the bargain between Bedssi and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
(c)This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Bedssi.

22.Indemnity

(a)Each User agrees to defend and indemnify and hold Bedssi (and Bedssi's parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User's use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

(b)Bedssi reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

(c)This defence and indemnification obligation will survive these Terms and the User's use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Bedssi without restriction.

23.General

(a)Accuracy: While Bedssi will endeavour to keep the information up to date and correct, Bedssi makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Bedssi expressly excludes any liability for such to the fullest extent permissible by law.

(b)Security: Bedssi has a secured business system in place with an SSL connection to protect all User transactions and to ensure maximum security. All credit card payments are processed by a secured third party processor. Bedssi also maintains regular backup and storage security.

(c)Termination: Bedssi reserves the right to refuse supply of the Services required by any User, terminate any User's Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Bedssi decides to terminate a User's Account any of the following may occur, with or without notice to the User: (a) the User's Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (b) any pending or future Booking (in respect of a Guest or Host and/or Business Host and/or Commercial Host) will be immediately terminated; (c) Bedssi may communicate to the relevant Host and/or Business Host and/or Commercial Host or Guest that the Booking has been cancelled; (d) Bedssi may refund the Guest in full, regardless of the cancellation and refund policy; (e) Bedssi may contact Guest to inform them of potential alternative Accommodation available from different Host and/or Business Host and/or Commercial Hosts on the Site and Services; and (f) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account.

(d)Fraudulent Activities: Each User acknowledges and agrees that, in the event Bedssi reasonably suspects that there are fraudulent activities occurring within the Site and Services, Bedssi reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(e)Force Majeure: Bedssi will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

(f)Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

(g)Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Bedssi of any of the Terms shall be effective unless Bedssi expressly states that it is a waiver and Bedssi communicates it to the User in writing.

(h)Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Bedssi's prior written consent.

(i)Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(j)Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User's use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. Bedssi makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.

(k)Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Bedssi and each User, and supersede any prior agreement, understanding or arrangement between Bedssi and each User, whether oral or in writing.

For questions and notices, please contact:

Bedssi Pty Ltd ABN 59 602 546 065

PO Box 1459, Strawberry Hills NSW 2012
policies[at]bedssi[dot]com

Last update: September 2017

TERMS OF SERVICE (T&C)Bedssi