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, offering housing related services, or tenants seeking a co-tenant for such properties (referred to as "Providers" or "you"), to make those properties and services known to individuals who are looking for accessible housing (referred to as "Housing Seekers").
1.3. Submitting an application to become a Provider signifies your acceptance of and intention to be bound by this Agreement, subject to our acceptance of your application (which we are under no obligation to do).
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, the accuracy of goods and services descriptions, the performance or delivery of services, and your compliance with applicable laws and regulations in relation to the performance or delivery of services.
3.1. You can apply to register as a Provider in the name of an organisation or as an individual. Individuals must be over 18 years of age.
3.2. When you apply to register as a Provider, you are also applying to create a Provider Account (“Account”) in the same name.
3.3. Your Account is managed through our Provider Portal (“Portal”) and gives you access to the services provided by the Platform (“Platform Services”), subject to the additional requirements of clause 4. Your Account must have one administrator and, depending on the level of subscription you choose, you may have up to three additional users who can create and edit Property Listings.
3.4. At our absolute and reasonable discretion, we may refuse to allow any Provider 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, although we will generally do so.
4.1. Access to the Platform is provided on a subscription basis. In addition to registering as a Provider and holding an active Account, you must select a subscription plan (“Plan”) and provide any information we may reasonably require before you are able to access any of the Platform Services.
4.2. The Plan that you choose determines the Platform Services that you can access. The Platform Services that can be accessed within each Plan, and the fees that must be paid, are outlined in our current subscription plan pricing and features, which additional terms for part of this Agreement.
4.3. You may choose a monthly or annual initial term when selecting your Plan. Upon expiry of the initial term, your Plan will automatically renew for the same period as the initial term, unless you have selected a new Plan or notified us of your intention to terminate this Agreement in accordance with clause 19.
4.4. At our discretion, we may offer discounted fees for longer terms and/or free trial periods for some or all Plans, subject to any additional conditions we may choose to apply at the time. If you have been granted a free trial period and change to a different Plan, you will not be granted another free trial period on the new Plan.
4.5. If you have an active Account and a current Plan, you may offer accessible properties for sale or lease by creating and publishing an accurate and complete description of the property that complies with the requirements of these terms (a “Property Listing”). The number of Property Listings that you may publish at any time is determined by your Plan. A Property Listing is only counted towards the entitlements of your Plan while it is a published Property Listing.
4.6. If you have an active Account, depending on the Plan you have selected, you may be entitled to have your details listed (“Provider Listing”) in our directory of Providers (“Provider Directory”), which allows Housing Seekers to search for and identify Providers of housing or related services. We may, at our absolute discretion, restrict the types of services that may be offered in a Provider Listing.
4.7. If you are eligible for a Provider Listing, you may edit your Provider Listing in the Portal, subject to any restrictions we impose regarding services that may be listed.
4.8. You and Housing Seekers may communicate privately with each other regarding a Property Listing or Provider Listing by using messaging functionality that we make available within the Platform, or using the contact details provided by each party.
4.9. Following such communication, you and a Housing Seeker may enter into a tenancy agreement, sale agreement or service agreement, as appropriate to the type of Property Listing or Provider Listing. You are responsible for ensuring that any agreement you enter into with a Housing Seeker complies with all relevant laws and the terms depicted in your Property Listing or Provider Listing.
4.10. Your administrator can select, change or cancel your Plan within the Portal, other than to request cancellation of a free Plan, which represents a termination of this Agreement and must be notified in accordance with clause 19.
4.11. If you have a current Plan and request to change to a new Plan, the new Plan and associated changes will take effect upon expiry of the term of the current Plan.
4.12. If you change to a Plan that provides you with fewer entitlements than your current Plan, and the number of your published Property Listings exceeds the number that you are entitled to within the new Plan you have chosen:
4.13. If you change from a paid Plan to a free Plan and you are a Provider of housing, in addition to the requirements of clause 4.12, we will remove your Provider Listing from the Provider Directory on the first day that your new Plan takes effect.
4.14. If you cancel your Plan and do not select a new Plan, we will immediately remove all of your Property Listings and your Provider Listing (where applicable) upon expiry of the terms of your current Plan.
4.15. We may vary the Platform services offered and/or the fees payable at any time, providing that we will notify you at least 30 days in advance of our intention to increase the fees payable in relation to your currently selected Plan (if any).
4.16. If we are charged third-party costs for transaction processing, we may pass those charges on to you in addition to the fees applicable to your Plan.
5.1. You may only list real property that is available for sale or lease, that has been constructed or modified with accessible features designed to enable or facilitate independent living for people with disability, and which is permanently attached to the land on which it is located. You may not list boats, caravans, transportable homes, personal assets or non housing related business services of any kind.
5.2. Providing that it meets the requirements of clause 6.1, you may list real property of any type, including, without limitation, Specialist Disability Accommodation (SDA), non-SDA disability housing, medium term accommodation (MTA), short-term accommodation, community housing, social housing and privately owned housing.
5.3. When creating a Property Listing, you must:
5.4. We may, at our absolute discretion, remove or amend some or all of your Property Listings, if in our reasonable opinion, they do not comply with the requirements of this clause, clause 8.1.9 or are otherwise in breach of this Agreement.
6.1. The National Disability Insurance Agency (NDIA) requires SDA Providers to notify it of vacancies in their properties enrolled as SDA dwellings.
6.2. We have an arrangement with the NDIA, under which we share details of all published Property Listings of SDA dwellings with the NDIA on a regular basis. When you list a property on the Platform that is identified as an SDA dwelling:
6.3. As a registered SDA Provider, the NDIA will issue an email to you to confirm receipt of data from us in relation to your vacant SDA dwellings. It is your responsibility to ensure that you receive this confirmation from the NDIA for each vacancy you list on the Housing Hub, and to take any appropriate actions to notify the NDIA of your vacant SDA dwellings if you do not receive this confirmation.
6.4. We are under no obligation to continue providing this data to the NDIA, providing that we will give you at least 30 days notice of our intention to stop providing the data. If we provide such notice to you, you must continue to provide notification to the NDIA of your vacant SDA dwellings in any manner required by the NDIA.
7.1. If you have an active Account, you may purchase additional products (“Additional Products”) through the Portal. We may vary the Additional Products that you may purchase from time to time, at our absolute discretion. Additional Products are not part of the Platform Services provided within your Plan and are subject to the payment of additional fees and additional terms outlined in this clause.
7.2. From time to time, we may offer products that enable you to promote your Property Listings, Provider Listing, or brand (“Advertising Products”). If you purchase an Advertising Product through the Portal:
7.3. From time to time, we may offer products that provide market data and intelligence to help you understand the accessible housing market (“Market Data Reports”). If you purchase a Market Data Report through the Portal:
8.1. You agree that at all times:
9.1. You acknowledge and agree that we are the owner of highly valuable proprietary information including, without limitation, the Platform, the Platform code, any suitability and matching algorithms, profiles, market data and application forms (collectively, "Confidential Information"). We own and hereby retain all proprietary rights in the Platform including, without limitation, all Confidential Information.
9.2. You acknowledge and agree that you will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any:
9.2.1. Confidential Information or
9.3. By uploading, transmitting, posting or otherwise making available any Material via the Platform, you:
9.4. We reserve the right to review, modify, or remove violating Material, and monitor Platform use for compliance or legal reasons. We are not liable for user-uploaded Material and do not endorse user opinions. Users have no proprietary rights to the Platform, except for personal, non-commercial use of copyrighted Material.
10.1. 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.
10.2. 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.
10.3.The Google Maps service 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.
11.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (a “Non-excludable Condition”), 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 Housing Seekers.
11.2. Except for liability in relation to a breach of any Non-excludable Condition, our liability to you is limited, at our option, to re-performing the obligation to which the relevant liability relates, or an amount equal to the cost of re-performing the obligation to which the relevant liability relates.
12.1. You agree to indemnify and hold us, our officers, directors, employees, agents and related third parties (collectively, "those indemnified") harmless against any and all loss, liability, claim or demand (including reasonable legal fees) arising out of any third party claim against those indemnified in connection with your use of the Platform, including, without limitation, any Material you have posted, uploaded or otherwise made available, other than to the extent that such loss, liability, claim or demand was caused by our fraud or negligence.
12.2.We will notify you within a reasonable period of any third party claim giving rise to a claim for indemnification and will take reasonable steps to mitigate any loss or damage. To the extent that we caused or contributed to any loss, your liability will be reduced proportionately.
14.1. Except for liability in relation to any Non-excludable Condition, the Platform is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent allowed by law, including in relation to availability. We make no representation as to profit or proceeds that can be made using the Platform, the Platform Services or the Additional Products.
15.1. We may modify this Agreement from time to time, including these terms and other documents that form part of this Agreement. We will send notification of such changes to your Account or nominated email address. You should check your Account regularly and read any notices of change we provide to you.
15.2. If you do not agree with any changes to this Agreement, you may terminate your Account and stop using the Platform.
16.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, you have no authority to bind us, our related entities or affiliates in any way whatsoever.
17.1. We will send all notices and other communications to you through your Account or the email address you have provided to us. It is your responsibility to ensure that you provide and maintain the currency of your contact details.
17.2. All notices from you to us (including termination notices) must be sent by email to email@example.com, or any other address that we notify to you.
18.1. We may terminate this Agreement immediately if:
18.2. You may terminate this Agreement at any time and for any reason by providing us with written notice of your intention to terminate this Agreement.
18.3. Upon termination of this Agreement by you or us:
18.4. Termination of this Agreement (for any reason) does not affect any agreements that have been formed between you, Housing Seekers and other Platform users.
18.5. Notwithstanding clauses 18.1 to 18.4, we may edit or remove any of your Property Listings and Provider Listing at any time without termination of this Agreement, if we consider any of your Material to be in breach of this Agreement, including not complying with any of the requirements of clauses 6 and 8.1.9.
19.1. This Agreement is governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.
19.2. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
19.3. 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.
19.4. This Agreement may be assigned by us provided there is no material detriment to you. You may not assign this Agreement without our written consent.
19.5. This Agreement sets out the entire understanding and agreement between you and us with respect to its subject matter.