User Agreement
Last Revised: 30 May 2012
This document is a legally binding agreement (“Agreement”) between
you
as the user (referred to as “You”, “Your”, “User”, “Homestay Host”, or
“Homestay Student” hereinafter) of the LikeParents.com website (“Site”)
and services ( “Services”)
and
Like
Parents Homestay (Aust) Pty Ltd ABN 81 158 430 454 (referred to as
“We”, “us”, “our”, or “Like Parents Homestay” hereinafter).
Acceptance of Terms.
Before you attempt to use the Services and/or begin participating in or
using the Site, Like Parents Homestay requires that you read and accept
the following Agreement. BY ACCESSING, REGISTERING AND/OR OTHERWISE
USING THE SITE OR SERVICES, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND
ACCEPT THE TERMS OF THIS USER AGREEMENT AND ALL OF THE FOLLOWING
POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE.
1.
Privacy Policy2.
Homestay Host Agreement (applicable if you are a homestay host)
3.
Homestay Student Agreement (applicable if you are a homestay student)
If
you choose not to accept this Agreement, you may not access or
otherwise use the Site. If you have any questions regarding this
Agreement, please contact
support@LikeParents.com.
Amendment.
Like Parents Homestay may, at its sole discretion, change, modify, add
or remove any portion of this Agreement, in whole or in part, from time
to time and at any time without notice to you, by posting such changes
on the Site. Your continued use of the Site and the Service after such
changes are posted will constitute your agreement to such changed
Agreement. This Agreement was last revised on the date specified at the
top of this Agreement.
I. Participation Requirements
Capacity to Contract.
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
this Agreement, and to abide by and comply with this Agreement.
Registration.
In order to participate in the Services, users must register with Like
Parents Homestay by filling out a registration form and providing the
information requested by Like Parents Homestay. You must ensure that
all information you provide to Like Parents Homestay is (and remains)
correct, accurate, complete and not misleading and must immediately
notify Like Parents Homestay of any changes to ensure this information
remains current. Like Parents Homestay reserves the right to disapprove,
suspend or terminate your registration for any reason, at its sole
discretion, and to prohibit you from participating in the Services.
You may register to evaluate the Site for an unlimited length of time subject to this Agreement.
You may never use another's account without permission.
Login ID, Password and Security. During
the registration process, you will select a login ID and password. You
are solely responsible in all respects for all use of and for protecting
the confidentiality of your login ID and password. You agree to notify
Like Parents Homestay immediately of any unauthorized use of any login
ID and password or any other breach of security regarding the Services.
Remember you are responsible for all actions taken under your account
name. If you lose control of your password you may be subject to legally
binding actions taken through your account. Therefore, if your password
is compromised, you should initiate a password change immediately.
II. No Unlawful or Prohibited Use
As
a condition of your use of the Like Parents Homestay Site and Services, you warrant
to Like Parents Homestay that you will not use the Like Parents Homestay
Site and Services for any purpose that is unlawful or prohibited by this Agreement.
You may not use the Like Parents Homestay Site in any manner which could
damage, disable, overburden, or impair the Like Parents Homestay Site
or interfere with any other party’s use and enjoyment of the Like
Parents Homestay Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the Like Parents Homestay Sites.
By way of example, and not as a limitation, you agree that when using Like Parents Homestay Site and Services, you will
not:
- Collect or harvest any personally identifiable information from the Site.
- Use the communication systems provided by the Site for any commercial solicitation purposes.
- Solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
- Circumvent,
disable or otherwise interfere with security-related features of the
Site or features that prevent or restrict use or copying of any content.
- Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish,
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
- Upload files that contain software or
other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
- Upload files that contain
viruses, corrupted files, or any other similar software or programs that
may damage the operation of another’s computer.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
III. User Submitted Contents and User Conduct
A. You may submit to the Site text, photo and video content (collectively referred to as "
User Submissions")
in the members area. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them.
Regarding User Submissions, you affirm, represent, and/or warrant that
you own or have the necessary licenses, rights, consents, and
permissions to use your User Submissions.
B. The ownership
rights in your User Submissions is retained by you. However, by
submitting your User Submission you are granting Like Parents Homestay,
its affiliated companies and necessary sublicensees a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to
use your User Submissions in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your User Submissions; and to publish your
name in connection with your User Submissions.
C. Like Parents
Homestay does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Like Parents Homestay
expressly disclaims any and all liability in connection with User
Submissions.
D. Like Parents Homestay is under no obligation to
post or use any User Submissions you may provide and may remove any User
Submissions at any time in Like Parents Homestay’s sole discretion.
IV. Information Control
You
acknowledge that: (a) Like Parents Homestay cannot control the
information provided by users which is made available through the
Services; (b) Like Parents Homestay has no control over the truth or
accuracy of User Submissions or any other information provided by users;
and (c) consequently, you must use caution and common sense when using
the Site. If you find information on the Site to be offensive, harmful,
incomplete, inaccurate, false, misleading, or out of date, in
contravention of law or otherwise inappropriate, ("Inappropriate
Material") you must immediately notify Like Parents Homestay in writing
providing full details of the Inappropriate Material. Neither Like
Parents Homestay nor its personnel are liable for any losses arising
from or on connection with Inappropriate Material that is created by
users, but Like Parents Homestay will use all reasonable endeavors to
remove material of which it is notified under this provision that it
considers to be Inappropriate Material.
V. Warranty Disclaimer
YOU
AGREE THAT YOUR USE OF THE LIKE PARENTS HOMESTAY WEBSITE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIKE PARENTS
HOMESTAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR
USE THEREOF. LIKE PARENTS HOMESTAY MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING.
A) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES;
B) ANY DEFECT IN GOODS OR SERVICES PURCHASED OR OBTAINED FROM A USER OR ANY OTHER THIRD PARTY THROUGH THE SITES;
C) VIOLATION OF THIRD PARTY RIGHTS OR CLAIMS OR DEMANDS THAT USER'S
OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES
OFFERED OR DISPLAYED ON THE SITES MAY VIOLATE OR MAY BE ASSERTED TO
VIOLATE THIRD PARTY RIGHTS;
D) UNAUTHORIZED ACCESS BY THIRD PARTIES TO DATA OR PRIVATE INFORMATION OF ANY USER;
E) STATEMENTS OR CONDUCT OF ANY USER OF THE SITES; OR
F) ANY MATTERS RELATING TO SERVICES HOWEVER ARISING, INCLUDING NEGLIGENCE.
VI. Limitation of Liability
LIKE PARENTS HOMESTAY SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR
SAVINGS, LOSS OF INFORMATION), WHETHER IN CONTRACT, NEGLIGENCE, TORT,
EQUITY OR OTHERWISE OR ANY OTHER DAMAGES RESULTING FROM ANY OF THE
FOLLOWING.
A) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES;
B) ANY DEFECT IN GOODS OR SERVICES PURCHASED OR OBTAINED FROM A USER OR ANY OTHER THIRD PARTY THROUGH THE SITES;
C)
VIOLATION OF THIRD PARTY RIGHTS OR CLAIMS OR DEMANDS THAT USER'S OFFER,
DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR
DISPLAYED ON THE SITES MAY VIOLATE OR MAY BE ASSERTED TO VIOLATE THIRD
PARTY RIGHTS;
D) UNAUTHORIZED ACCESS BY THIRD PARTIES TO DATA OR PRIVATE INFORMATION OF ANY USER;
E) STATEMENTS OR CONDUCT OF ANY USER OF THE SITES; OR
F) ANY MATTERS RELATING TO SERVICES HOWEVER ARISING, INCLUDING NEGLIGENCE.
WHILE
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS,
WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE
CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN
THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE
EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT.
AT THE OPTION
OF LIKE PARENTS HOMESTAY, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS
OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE
BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY
OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF
THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR
(IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES
TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT
OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
VII. Indemnity
You
agree to defend, indemnify and hold harmless Like Parents Homestay, its
parent corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Like Parents
Homestay Website; (ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This
defense and indemnification obligation will survive this Agreement and
your use of the Like Parents Homestay Site and Services.
VIII. General Provisions
Headings.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
Third Party Links.
Where Like Parents Homestay provides links to third party Internet
sites, no representations or endorsements are made in connection with
such sites. Like Parents Homestay is not liable for any losses or injury
arising from use of such sites. By using the Site, you expressly
relieve Like Parents Homestay from any and all liability arising from
your use of any third-party website.
Modification and Availability.
Like Parents Homestay may, at any time, delete, modify or supplement
the content of this Site without prior notice. Like Parents Homestay
reserves the right, for any reason, at its sole discretion, to
terminate, change, suspend or discontinue any aspect of the Site or the
Services, including content, features or hours of availability. Like
Parents Homestay may also impose limits on certain features of the
Services or restrict your access to part or all of the Site or the
Services without notice or penalty.
Monitoring. You agree
that Like Parents Homestay has the right, but not the obligation, to
monitor at any time, for any reason at its sole discretion, all material
and content on the Site and the Services. Like Parents Homestay reserves
the right at all times to edit, disclose or refuse to post any material
or information or request removal of or remove any material or
information from the Site.
Access and Interference. You
agree that you will not use any automatic device or manual process to
monitor or copy Like Parents Homestay's Site, its web pages or the
content contained herein. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on Like Parents
Homestayt's infrastructure.
Termination. This Agreement
constitutes a legally binding agreement between you and Like Parents
Homestay until terminated, which Like Parents Homestay do at any time,
without notice: (a) for cause, if you breach a term of this Agreement;
or (b) for convenience, at Like Parents Homestay's sole discretion. If
you become dissatisfied with the Services or the Site, in any way, your
only recourse is to immediately discontinue use of the Services and pay
any outstanding fees, if applicable. You may then terminate this
Agreement by written notice to Like Parents Homestay. Notwithstanding
termination of this Agreement, you remain obligated to complete any
transactions you have entered into in relation to the Site or Services,
subject to the terms of this User Agreement.
Jurisdiction. This Agreement is governed by the laws of New South Wales, Australia.
Assignment and transfer.
This Agreement, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by Like Parents
Homestay without restriction.
Translation. These Terms are
drawn up in the English language. If these Terms are translated into
another language, the English language text prevails.
Entire Agreement. This
Agreement comprises the entire agreement between you and Like Parents
Homestay and supersedes all prior agreements between the parties,
regarding the subject matter contained herein. No other terms, whether
express or implied, shall apply unless specifically incorporated by
reference herein or subsequently agreed by the parties.