Terms & Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Welcome Mat Global PTY LTD ( “we , ” “ us ” or “ our ” ), concerning your access to and use of the thewelcomematglobal.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “trademarks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the trademarks.
User Representations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not under the age of 18; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorised purpose; (7) your use of the Site will not violate any law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Acceptable Use Policy
The opinions, advice, statements, offers or other information or content made available through this Site are not necessarily ours. Any statements, advice and opinions made by other participants are those of such participants only. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on this Site, and we neither adopt nor endorse, nor assume responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person's reliance on information or other content posted on the Site or transmitted to members. We do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site accessible over or through the Site that you find offensive or objectionable. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Services Offered
The Welcome Mat Global is an online platform that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services (“Listings”) on www. thewelcomematglobal.com and to communicate and to book such Host Services (Members using Host Services are “Guests”).
The Welcome Mat Global does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is an organiser or retailer of travel packages.
Hosts alone are responsible for their Listings and Host Services (including but not limited to home owners approval, home insurance including theft or damage cover, liability insurance etc.). When Members make or accept a booking, they are entering into a contract directly with each other. The
Welcome Mat Global is not a party to or other participant in any contractual relationship between Members. The Welcome Mat Global is not acting as an agent in any capacity for any Member, save for the collection of the in this Agreement specified Payments Terms.
The Welcome Mat Global agrees to keep accounting and financial records for the undertaken Host Services and provides these to the Hosts on request.
Members Obligations
Members agree to accurately describe their home and exchange wishes. This includes an accurate description of the type of home, sleeping capacity, and number of bathrooms. Any interior or exterior photos posted must be of the property offered for exchange, unless specifically indicated otherwise.
Omissions of relevant descriptions may be considered the same as an inaccurate description and subject the member to removal from the Site.
Members agree not to engage in advertising to, or solicitation of, other members to buy or sell any products or services through this Site, other than the posting of their home for exchange or contacting other members to propose an exchange. Postings shall not contain any type of advertising or solicitation other than an offer to exchange in accordance with these Terms and Conditions. No inquiries or responses between members shall contain any type of advertising or solicitation other than discussions relating to the non-commercial exchange of a member’s home in accordance herewith.
Any disagreements arising from the use of the Site must be settled between the parties who directly participated in the exchange. The Welcome Mat Global cannot be held responsible for any events that occur as a result of any home exchange that is or was listed on the Site. The Welcome Mat Global may
offer to mediate disagreements between members without assuming any responsibility for subsequent resolution or failure to resolve. The Welcome Mat Global may terminate or suspend, temporarily or permanently, the memberships of any members involved in an unresolved disagreement. No refunds will be provided in the event of such suspension or termination.
Cleanliness
Guests agree to keep the Hosts property in a clean and sanitary condition during the entire term of the occupancy and to return the property in the same condition, including general cleanliness, as it was at the beginning of the term of occupancy. Failure to do so may result in an assessment of a cleaning charge to the Guest. Any disagreements arising from the use of the property must be settled between the parties who directly participated in the exchange. The Welcome Mat Global cannot be held responsible for any dispute or damage arising to the property as a result of the exchange. The Welcome Mat Global may offer to mediate disagreements between members without assuming any responsibility for
subsequent resolution or failure to resolve.
Fees
In consideration of the performance of the services, you agree to pay us any applicable fees as outlined within these Terms or notified to you from time to time. The current applicable fees are published on our website. All fees are subject to reasonable change, at our sole discretion, from time to time.
All fees are inclusive of any value added tax or other applicable sales tax, which shall be payable by you. The Welcome Mat Global shall not be obliged to perform the services until all applicable fees are received by us. All sums must be paid using our secure payment gateway provider stripe, and you may need to provide credit or debit card information directly to the provider in order to process payment details and authorise payment following a secure link. The information which you supply to in such cases is not within our control and is subject to the payment gateway provider’s own Privacy Notice and Terms and Conditions. Click the following to read the
Privacy Notice and
Terms and Conditions of
Stripe. We are not responsible for your card issuer or bank charging you as a result of our
processing of your credit or debit card payment.
Cancellation
In the event you made a booking, a cancellation will only take effect once you have notified your Guest or Host and The Welcome Mat Global. You may terminate this Agreement at any time by sending us an email. If you cancel, any confirmed booking(s) will be automatically cancelled.
If you cancel as a Host, any confirmed booking(s) will be automatically cancelled and you may re-arrange the booking at different times. Please note that this may not always be possible and The Welcome Mat Global cannot be held responsible if another swap cannot be arranged.
If you are a Guest and your Host has cancelled a confirmed booking, The Welcome Mat Global will endeavour to help organise another swap for the same time period where possible but cannot be held responsible if any prospective, expected, or potential swap cannot be arranged.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: a) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b) make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. c) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. d) engage
in unauthorised framing of or linking to the Site. e) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; f) make improper use of our support services or submit false reports of abuse or misconduct. g) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. h) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. i) attempt to impersonate another user or person or use the username of another user. j) sell or otherwise transfer your profile. k) use any information obtained from the Site in order to harass, abuse, or harm another
person. l) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise. m) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. n) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. o) delete the copyright or other proprietary rights notice from any Content. p) copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. q) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. r) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software. s) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. t) use the Site in a manner inconsistent with any applicable laws or regulations.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy [CLICK HERE. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in Australia. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Site, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.
Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Site.
Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property
damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 6 month period prior to any cause of action arising.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
Electronic Communications, Transactions, And Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Governing Law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of Australia applicable to agreements made and to be entirely performed within the State of Queensland, without regard to its conflict of law principles.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
THE WELCOME MAT GLOBAL PTY LTD
ABN: 89 643 305 837
QLD 4215, Gold Coast, Australia
travel@thewelcomematglobal.com