Published 19 January 2024
1.1. The Summer Foundation (ABN 90 117 719 516) (trading as “The Housing Hub”) (referred to as “Housing Hub”, “we” or “us”) operates an online platform, accessible at www.housinghub.org.au or any future platforms we introduce (collectively referred to as the "Platform"), that enables individuals and organisations offering accessible properties for sale or lease, and/or housing related services, or tenants seeking a co-tenant for such properties (referred to as "Providers"), to make those properties and services known to individuals who are looking for accessible housing or housing related services (referred to as "Housing Seekers" or “you”).
1.3. When you use the Platform, you agree to be bound by this Agreement.
2.1. Housing Hub solely provides the Platform. While the Platform assists Housing Seekers to identify potentially suitable properties and services, we are not responsible or liable for any aspect of the interaction between Housing Seekers and Providers. This includes, but is not limited to:
2.1.1. the accuracy of property or service descriptions
2.1.2. the suitability of a particular property or services for your needs
2.1.3. the performance or delivery of services by Providers
2.1.4. the suitability, past performance, or future performance of Providers.
2.2. We do not inspect any housing that is the subject of a Listing, and do not check the truth, accuracy or completeness of property details, including location.
3.1. When you apply to register as a Housing Seeker, you can register as an individual seeking housing for yourself (create a “Seeker Account”), or as a supporter of a person or persons with disability who is seeking housing on behalf of that person or persons (create a “Supporter Account”), providing that you have their consent to do so. You must be over 18 years of age to register.
3.2. Your Seeker Account or Supporter Account (collectively an “Account”) is managed through our Housing Seeker Portal or Supporter Portal (collectively the “Portal”).
3.3. At our absolute and reasonable discretion, we may refuse to allow any Housing Seeker to register or create an Account on the Platform, or cancel or suspend any existing Account. If we do so, we are not obliged to provide any reasons for the exercise of our discretion under this clause, but we will generally do so.
4.1. Access to the Platform is provided free of charge to Housing Seekers.
4.2. You can use the Platform anonymously and do not need to register as a Housing Seeker and create an Account to use it. However, if you create an Account, you will be able to receive a more personalised experience. If you create:
4.2.1. a Seeker Account, this includes services such as saving properties, setting up a “Seeker Profile” (with your personal details, housing preferences and details of your NDIS plan and supports), receiving alerts for properties that match your Seeker Profile, and receiving a “suitability score” for listed properties (refer clause 4.3);
4.2.2. a Supporter Account, this includes services such as setting up Seeker Profiles for people that you are supporting, so that you can search on behalf of Housing Seekers to view properties that match the search criteria you establish, and receiving alerts for properties that match any of the Seeker Profiles you have set up.
4.3. The suitability score uses information supplied by you and the Provider to determine the likely compatibility of a particular Property Listing for you. This score is general in nature, is not reflective of personal preferences or the overall quality of the housing, and relies on the accuracy of the information that you and the Provider have given to us. The suitability score is not a recommendation by us or our endorsement of the Provider.
4.4. We may vary the Platform services offered at any time.
4.5. Providers may use the Platform to offer accessible properties for sale or lease by creating and publishing an accurate and complete description of the property that complies with the terms applicable to Providers (a “Property Listing”).
4.6. Providers may use the Platform to offer housing related services by creating and publishing an accurate and complete Provider Listing that complies with the terms applicable to Providers (a “Provider Listing”).
4.7. You and a Provider may communicate privately regarding a Property Listing or Provider Listing using the contact details that you make available to each other.
4.8. Following this communication, if you have determined that the property or service is suitable for you, you and a Provider may enter into a tenancy agreement, sale agreement or service agreement.
4.9. We are not a party to any agreement that you enter into with a Provider, and the Provider is responsible for ensuring that the agreement is consistent with the terms depicted in the Property Listing or Provider Listing and complies with all relevant laws. Before signing an agreement with a Provider, you should carefully consider the terms of the agreement and ensure that you understand your obligations, including seeking assistance if you need it.
5.1. You agree that at all times:
5.1.1. you will comply with this Agreement;
5.1.2. you are genuinely looking for an accessible home or related services, and you agree not to use the Platform for any other purpose;
5.1.3. you will protect and maintain the confidentiality of your login credentials you use to sign up for your Account, and you are solely responsible for all activities that occur under those credentials;
5.1.4. you will contact us immediately if you think that someone has gained unauthorised access to your Account;
5.1.5. any information you post or otherwise make available on the Platform will be up to date, and will not:
22.214.171.124. be potentially or actually harmful to us or any other person;
126.96.36.199. be false, inaccurate, misleading or deceptive;
188.8.131.52. infringe any third party’s intellectual property rights, rights of publicity, confidentiality or privacy;
184.108.40.206. violate any applicable law;
220.127.116.11. be defamatory, discriminatory, offensive, threatening, abusive, pornographic, harassing, or exploitative of another person;
18.104.22.168. create a privacy or security risk to any person;
22.214.171.124. include an image or personal information of another person or persons unless you have their consent.
5.1.7. you are solely responsible for making your own assessment of the suitability of any housing or service in a Property Listing or Provider Listing as it relates to your needs or the needs of a person you are supporting. You should inspect the housing, meet with any tenants or co-tenants you would be living with, and meet the Provider before deciding to apply to lease or purchase the housing or purchase services from the Provider;
5.1.8. we will not provide any information about Providers and will not assist you in any way in making your assessment, unless you have engaged us separately for one or more services we provide that are not part of the Platform, which include our NDIS Housing Advice Line, Aged Care to Home, Hospital to Home and Home and Living Specialists.
6.1. We may feature or display links and pointers to websites operated by third parties on the Platform. Such websites do not form part of the Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Platform at your own risk.
6.2. We may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
6.3. The Google Maps service that allows us to show the location of housing is made available to us under licence from Google Inc. Your use of the Google Maps service and any data or information accessed from that service is also subject to the Google Maps terms and conditions.
8.1. To the extent permitted by law, we specifically disclaim all liability for any loss or damage (actual, special, direct, indirect and consequential) arising out of or in any way connected with any transaction between you and Providers.
8.2. To the extent permitted by law, the Platform is provided on an “as is” basis, and without any warranty or condition, express or implied.
9.1. We may modify this Agreement from time to time, including other documents that form part of this Agreement. We will send notification of such modifications to your Account or nominated email address. You should check your Account regularly and read any notices of change we provide to you.
9.2. If you do not agree with any changes to this Agreement, you may terminate your Account and stop using the Platform.
10.1. You or we may terminate an Account and this Agreement at any time and for any reason. We will provide reasonable notice to you if we do so.
10.2. Termination of this Agreement (by either you or us) does not affect any sale, tenancy or service agreement you have entered into with a Provider, and you must continue to comply with the terms of any such agreement.
10.3. Upon termination of this Agreement, we may immediately remove your information from the Platform.
10.4. Clauses 7 and 8 will survive the termination of this Agreement
11.1. This Agreement is governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.
11.2. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
11.3. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
11.4. This Agreement may be assigned by us provided there is no material detriment to you. You may not assign this Agreement.
11.5. This Agreement sets out the entire understanding and agreement between you and us with respect to its subject matter.