Version dated 3 February 2025

1. INTRODUCTION

1.1. An Easy English version of these terms is available here.

1.2. Housing Hub (ABN 14 663 443 758) (“Housing Hub”, “we”, “us”) operates a Website and matching platform accessible at www.housinghub.org.au (“Website”), that enables providers of accessible housing and housing related services ("Providers", “you”), to offer those properties and services to individuals who are looking for accessible housing or related services ("Seekers", “Supporters”, “you”).

1.3. Our Privacy Policy forms part of these Terms of Use (“Terms”).  When you use our Website, you agree to be bound by these Terms. If you do not or cannot agree to these Terms, you must stop using our Website immediately.

1.4. Individuals under the age of 18 may use the Website to access information, but may not use the Website to search for housing and related services.

1.5. Clauses 4, 5, 6, and sub-clause 7.5 of these Terms do not apply to Seekers and Supporters. Clause 3 of these Terms does not apply to Providers.

2. SCOPE OF HOUSING HUB PLATFORM

2.1. Housing Hub solely provides the Website. We do not review or moderate Providers or Listings, and we do not inspect any housing that is the subject of a Listing.  We do not represent or guarantee:

2.1.1. the accuracy of property or service descriptions;

2.1.2. the suitability of a particular property or service to an individual;

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. Our role is to connect Providers with Seekers and Supporters through the Website.  It is the sole responsibility of Seekers and Supporters to make their own assessment of the suitability of any housing or service in a Property Listing or Provider Listing, including inspecting the housing, meeting with any tenants or co-tenants in the property, and meeting the Provider where applicable.

2.3. Housing and service arrangements between Providers, Seekers and Supporters must be set out in a clear and complete tenancy agreement, sale agreement or service agreement as applicable. We recommend that all parties carefully review and ensure their understanding of all terms of the agreement, including seeking legal or other professional advice if required. We are not a party to any agreement entered into between a Seeker or Supporter and a Provider.

3. SEEKER AND SUPPORTER REGISTRATION

3.1. Access to the Website is provided free of charge to Seekers and Supporters and can be used anonymously, including to search for housing and related services. 

3.2. If you are searching for accessible housing or related services, you can create an account (a “Seeker Account”) to receive a more personalised experience.  A Seeker Account allows you to provide more information about yourself and your requirements (create a “Seeker Profile”), receive automatic alerts for properties that match your Seeker Profile, and receive a general assessment of potential compatibility (“Suitability Score”) when viewing properties.

3.3. If you are searching for accessible housing or related services on behalf of another person, you can create an account (“Supporter Account”) that enables you to set up multiple Seeker Profiles for people you are assisting, receive alerts for properties that match any of those profiles, and view Suitability Scores. You may only create a Seeker Profile on behalf of another person where you have their express consent to do so, including to provide their information to us.

3.4. The Suitability Score uses information supplied by Seekers, Supporters and Providers to determine the likely compatibility of a particular Property Listing. 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 has been given to us.  It is not a recommendation or endorsement of a property by us.

4. PROVIDER REGISTRATION

4.1. You can apply to register as a Provider and create an account (“Provider Account”) in the name of an organisation or individual, providing that individuals must be over 18 years of age. We may refuse your application for registration at our absolute and reasonable discretion.

4.2. Other than general information available on our Website, access to the Website is made available on a subscription basis for Providers. In addition to registering and creating a Provider Account, you must select a subscription plan (“Plan”), pay the required fees to us, and provide any information we may reasonably require before you will be granted access to any of the services. 

4.3. The Plan that you choose determines the services (“Provider Services”) that you can access. The Provider Services and fees applicable to each Plan are outlined in our current Housing Hub Provider Plan pricing and features.

4.4. Subject to the entitlements of your Plan, Providers may use our Website to:

4.4.1. offer accessible properties for sale or lease by creating and publishing an accurate and complete description of the property (a “Property Listing”)

4.4.2. offer housing related services by creating and publishing an accurate and complete Provider Listing (a “Provider Listing”).

4.5. 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 cancel your Plan, using any method we allow from time to time.

4.6. At our discretion, we may offer discounted fees for longer terms, free trial periods for some or all Plans, and/or tailored Plans for particular customer groups (e.g. Community Housing Providers), subject to any additional conditions we specify 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.

4.7. You can select, change or cancel your Plan using your Provider Account.

4.8. 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. 

4.9. 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:

4.9.1. we will notify you that you need to unpublish some of your Property Listings using the Portal prior to your new Plan taking effect;

4.9.2. if you do not unpublish enough Property Listings to meet your maximum entitlements under the new Plan you have chosen, we will un-publish as many Property Listings as required to meet your maximum entitlements;

4.9.3 if we unpublish Property Listings under clause 4.9.2, we will unpublish them on the first day that your new Plan takes effect, by removing the oldest Property Listings first, based on the date published by you.

4.10. 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.

4.11. We may vary the Website 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).

4.12. 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. HOUSING SEEKER AND SUPPORTER OBLIGATIONS

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 5.1, 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:

5.3.1. include the street address where the property is located (to enable any location or map-based functionality to operate effectively), although we do not recommend displaying the actual address within the Property Listing; 

5.3.2. not list a property or proportion of a property for sale or lease that is not currently available, and that is not expected to become available for sale or lease within a reasonable period of time;

5.3.3. if the property or a portion of the property is available for lease, provide detailed and accurate information about the costs associated with leasing the property or the portion of the property offered for lease;

5.3.4. if the property is offered for sale, provide an estimated sale price, which may include a reasonable range at which the property is offered for sale;

5.3.5. provide detailed and accurate information about the property, including where relevant, property features, accessibility, design specifications, supports available on site and high-level description of other tenants residing at the property (whilst respecting their privacy);

5.3.6. provide clear photos of the property, showing multiple areas of the property that provide an accurate representation of the property;

5.3.7. not remove and republish a Property Listing solely for the purpose of that Property Listing appearing as a new Property Listing;

5.3.8. ensure that all Material relating to the property complies with the requirements of clause 7.4 of these Terms.

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 7.4, or are otherwise in breach of these Terms.  

6. SPECIALIST DISABILITY ACCOMMODATION (SDA) PROPERTY LISTINGS

6.1. The National Disability Insurance Agency (NDIA) requires providers of SDA 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 Website that is identified as an SDA dwelling:

6.2.1. you consent for us to share details of that property with the NDIA as a vacant SDA dwelling;

6.2.3. you agree to keep your property addresses and organisation ABN up to date on the Website at all times to comply with the requirements of the NDIA to match property addresses to the ABN of the SDA Provider.

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 doing so. 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. YOUR OBLIGATIONS

7.1. When using the Website, you must comply with these Terms at all times.

7.2. You must protect and maintain the confidentiality of your login credentials and contact us immediately if someone has gained unauthorised access to your account. You are responsible for all activities that occur using those credentials.

7.3. Where you provide us with personal information about another person, you must have that person’s consent to provide their personal information to us, and you must advise them that their personal information has been shared with us.

7.4. Any information you make available on the Website, in any form including (without limitation) text, photos, illustrations, audio, video or any combination of these (collectively referred to as “Material”), must be up to date and must not: 

7.4.1. be potentially or actually harmful to us or any other person (including economic loss that will or may be suffered by us);

7.4.2. be false, inaccurate, misleading or deceptive;

7.4.3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, confidentiality or privacy;

7.4.4. violate any applicable law, statute, ordinance or regulation, including (without limitation) those governing consumer protection, fair trading, anti-discrimination, privacy and estate agents;

7.4.5. be, or could reasonably be expected to be, defamatory, discriminatory, offensive, threatening, abusive, pornographic, obscene, harassing, or exploitative of another person;

7.4.6. contain nudity, violence, sexual acts or references;

7.4.7. create a privacy or security risk to any person;

7.4.8. include an image or personal information of another person or persons unless you have their consent;

7.4.9. contain restricted or password only access pages, or hidden content;

7.4.10. contain viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of computer software or hardware;

7.4.11. advertise, promote or solicit any goods or services or commercial activities, other than properties or services that comply with these Terms, except where expressly permitted or authorised by us; 

7.4.12. contain financial, legal, medical or other professional advice.

7.5. If you are a Provider, you agree that at all times:

7.5.1. you will comply with all applicable laws and regulations relevant to your Property Listings and Provider Listing, including ensuring that you and third parties that you engage to act on your behalf hold and maintain all relevant licences and accreditations necessary to sell or lease properties in your Property Listings, and/or to deliver the services in your Provider Listing;

7.5.2. you have authority and capability to sell or lease the properties in your Property Listings, and deliver the services offered in your Provider Listing;  

7.5.3. you will not charge Seekers additional fees beyond those specified in your Property Listings, Provider Listing and any tenancy, sale or service agreement that you enter into with a Seeker;

7.5.4. if your Plan provides you with access to our Confidential Information, including market data, you will not share that information;

7.5.5. you will promptly and efficiently perform all of your obligations to Housing Seekers and other Website users, including, without limitation, responding to communications and requests for information regarding your Property Listings or Provider Listing, assessing potential tenants for suitability, and implementing tenancy, sale or service agreements as appropriate.

8. INTELLECTUAL PROPERTY

8.1. You acknowledge and agree that we are the owner of highly valuable proprietary information including, without limitation, the Website, the Website code, any suitability and matching algorithms, profiles, content, images, logos, market data and application forms (collectively "Confidential Information"). We own and retain all proprietary rights in the Website and the Confidential Information.

8.2. You must not copy, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content on our Website, in whole or in part. You must not use any automated process or technology to scrape, access, acquire, copy, or monitor any part of our Website, or attempt to reverse engineer, decompile or otherwise reproduce any part of our Website, including (without limitation) Provider and Property Listings.

8.3. By uploading, transmitting, posting or otherwise making available any Material via the Website, you grant a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with the Material to:

8.3.1. us, in any form and for any purpose;

8.3.2. Seekers and Supporters, but only to the extent necessary to support their search for accessible housing or services;

9. THIRD PARTY WEBSITES, ADVERTISING AND ACTIVITIES

9.1. We may feature or display links and pointers to websites operated by third parties on the Website. Such websites do not form part of the Website 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 do so at your own risk.

9.2. 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.

9.3. 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.

10. LIMITATION OF LIABILITY

10.1. 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 Seekers, Supports and Providers.

10.2. To the extent permitted by law, our Website 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, availability, fitness for a particular purpose and non-infringement. We make no representation as to profit or proceeds that can be made using the Website or the Provider Service.

10.3. 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 these Terms 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 Seekers, Supporters and Providers.

10.4. 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.

11. INDEMNITY

11.1. 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 Website, 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. 

11.2. 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.

12. CHANGES TO THESE TERMS

12.1. We may modify the Provider Services offered at any time.

12.2. We may modify these Terms at any time. We will generally send notification of changes to your account or email address, but we are not obliged to do so.

12.3. If you do not agree with any changes to these Terms, you must stop using the Website immediately. Your continued use of the Website constitutes your acceptance of the amended Terms.

13. NOTICES

13.1. 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.

13.2. All notices from you to us (including termination notices) must be sent by email to support@housinghub.org.au, or any other address that we notify to you. 

14. TERMINATION

14.1. You may cancel a Plan or Provider Account at any time by notifying us, and we may cancel a Plan or Provider Account immediately if any of the following applies:

14.1.1. you fail to pay any fees due to us within 30 days after the due date; or

14.1.2. you are in material breach of any of your obligations under these Terms; or

14.1.3. you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are deemed insolvent; or

14.1.4. you die, or if you are in a partnership, that partnership is dissolved or an application to dissolve is finalised, or if you are a company, are wound up or an application for winding up is filed; or

14.1.5. we have any reasonable concerns relating to your continued use of the Website, including, without limitation, in response to complaints and/or feedback we receive from Seekers, Supporters and regulatory authorities.

14.2. Upon termination of a Plan or Provider Account by you or us:

14.2.1. termination will take effect from the end of the current term, unless we have determined in our absolute discretion that your account and access to the Website is to be terminated at an earlier date due to a material breach of these Terms, in which case you will not be refunded any fees;

14.2.2. you remain liable for payment of any fees that you owe to us for continued use of the Website until the end of the current term or earlier termination;

14.2.3. your Property Listings and Provider Listing will remain published until the termination date, and we will remove your Property Listings and Provider Listing from the Website after that date.

14.3. We may terminate a Seeker Account or Supporter Account at any time and for any reason, and will provide reasonable notice if we intend to do so. Seekers and Supporters may cancel an account and cease using the Website at any time.

14.4. Termination of an account (of any type) does not affect any sale, tenancy or service agreement entered into between Seekers, Supporters and Providers.  All parties to any such agreement must continue to discharge their duties.

14.5. Clauses 2, 8, 10 and 11 survive termination of these Terms.

15. GENERAL

15.1. These Terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.

15.2. A failure by a party to exercise any right under these Terms will not be considered a waiver of those rights.

15.3. The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

15.4. We may assign our rights and obligations under these Terms provided there is no material detriment to you. You may not assign your rights and obligations without our prior written consent, which will not be unreasonably withheld.

15.5. These Terms set out the entire understanding and agreement between you and us with respect to its subject matter.

Version dated 3 February 2025

1. INTRODUCTION

1.1. An Easy English version of these terms is available here.

1.2. Housing Hub (ABN 14 663 443 758) (“Housing Hub”, “we”, “us”) operates a Website and matching platform accessible at www.housinghub.org.au (“Website”), that enables providers of accessible housing and housing related services ("Providers", “you”), to offer those properties and services to individuals who are looking for accessible housing or related services ("Seekers", “Supporters”, “you”).

1.3. Our Privacy Policy forms part of these Terms of Use (“Terms”).  When you use our Website, you agree to be bound by these Terms. If you do not or cannot agree to these Terms, you must stop using our Website immediately.

1.4. Individuals under the age of 18 may use the Website to access information, but may not use the Website to search for housing and related services.

1.5. Clauses 4, 5, 6, and sub-clause 7.5 of these Terms do not apply to Seekers and Supporters. Clause 3 of these Terms does not apply to Providers.

2. SCOPE OF HOUSING HUB PLATFORM

2.1. Housing Hub solely provides the Website. We do not review or moderate Providers or Listings, and we do not inspect any housing that is the subject of a Listing.  We do not represent or guarantee:

2.1.1. the accuracy of property or service descriptions;

2.1.2. the suitability of a particular property or service to an individual;

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. Our role is to connect Providers with Seekers and Supporters through the Website.  It is the sole responsibility of Seekers and Supporters to make their own assessment of the suitability of any housing or service in a Property Listing or Provider Listing, including inspecting the housing, meeting with any tenants or co-tenants in the property, and meeting the Provider where applicable.

2.3. Housing and service arrangements between Providers, Seekers and Supporters must be set out in a clear and complete tenancy agreement, sale agreement or service agreement as applicable. We recommend that all parties carefully review and ensure their understanding of all terms of the agreement, including seeking legal or other professional advice if required. We are not a party to any agreement entered into between a Seeker or Supporter and a Provider.

3. SEEKER AND SUPPORTER REGISTRATION

3.1. Access to the Website is provided free of charge to Seekers and Supporters and can be used anonymously, including to search for housing and related services. 

3.2. If you are searching for accessible housing or related services, you can create an account (a “Seeker Account”) to receive a more personalised experience.  A Seeker Account allows you to provide more information about yourself and your requirements (create a “Seeker Profile”), receive automatic alerts for properties that match your Seeker Profile, and receive a general assessment of potential compatibility (“Suitability Score”) when viewing properties.

3.3. If you are searching for accessible housing or related services on behalf of another person, you can create an account (“Supporter Account”) that enables you to set up multiple Seeker Profiles for people you are assisting, receive alerts for properties that match any of those profiles, and view Suitability Scores. You may only create a Seeker Profile on behalf of another person where you have their express consent to do so, including to provide their information to us.

3.4. The Suitability Score uses information supplied by Seekers, Supporters and Providers to determine the likely compatibility of a particular Property Listing. 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 has been given to us.  It is not a recommendation or endorsement of a property by us.

4. PROVIDER REGISTRATION

4.1. You can apply to register as a Provider and create an account (“Provider Account”) in the name of an organisation or individual, providing that individuals must be over 18 years of age. We may refuse your application for registration at our absolute and reasonable discretion.

4.2. Other than general information available on our Website, access to the Website is made available on a subscription basis for Providers. In addition to registering and creating a Provider Account, you must select a subscription plan (“Plan”), pay the required fees to us, and provide any information we may reasonably require before you will be granted access to any of the services. 

4.3. The Plan that you choose determines the services (“Provider Services”) that you can access. The Provider Services and fees applicable to each Plan are outlined in our current Housing Hub Provider Plan pricing and features.

4.4. Subject to the entitlements of your Plan, Providers may use our Website to:

4.4.1. offer accessible properties for sale or lease by creating and publishing an accurate and complete description of the property (a “Property Listing”)

4.4.2. offer housing related services by creating and publishing an accurate and complete Provider Listing (a “Provider Listing”).

4.5. 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 cancel your Plan, using any method we allow from time to time.

4.6. At our discretion, we may offer discounted fees for longer terms, free trial periods for some or all Plans, and/or tailored Plans for particular customer groups (e.g. Community Housing Providers), subject to any additional conditions we specify 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.

4.7. You can select, change or cancel your Plan using your Provider Account.

4.8. 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. 

4.9. 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:

4.9.1. we will notify you that you need to unpublish some of your Property Listings using the Portal prior to your new Plan taking effect;

4.9.2. if you do not unpublish enough Property Listings to meet your maximum entitlements under the new Plan you have chosen, we will un-publish as many Property Listings as required to meet your maximum entitlements;

4.9.3 if we unpublish Property Listings under clause 4.9.2, we will unpublish them on the first day that your new Plan takes effect, by removing the oldest Property Listings first, based on the date published by you.

4.10. 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.

4.11. We may vary the Website 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).

4.12. 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. HOUSING SEEKER AND SUPPORTER OBLIGATIONS

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 5.1, 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:

5.3.1. include the street address where the property is located (to enable any location or map-based functionality to operate effectively), although we do not recommend displaying the actual address within the Property Listing; 

5.3.2. not list a property or proportion of a property for sale or lease that is not currently available, and that is not expected to become available for sale or lease within a reasonable period of time;

5.3.3. if the property or a portion of the property is available for lease, provide detailed and accurate information about the costs associated with leasing the property or the portion of the property offered for lease;

5.3.4. if the property is offered for sale, provide an estimated sale price, which may include a reasonable range at which the property is offered for sale;

5.3.5. provide detailed and accurate information about the property, including where relevant, property features, accessibility, design specifications, supports available on site and high-level description of other tenants residing at the property (whilst respecting their privacy);

5.3.6. provide clear photos of the property, showing multiple areas of the property that provide an accurate representation of the property;

5.3.7. not remove and republish a Property Listing solely for the purpose of that Property Listing appearing as a new Property Listing;

5.3.8. ensure that all Material relating to the property complies with the requirements of clause 7.4 of these Terms.

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 7.4, or are otherwise in breach of these Terms.  

6. SPECIALIST DISABILITY ACCOMMODATION (SDA) PROPERTY LISTINGS

6.1. The National Disability Insurance Agency (NDIA) requires providers of SDA 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 Website that is identified as an SDA dwelling:

6.2.1. you consent for us to share details of that property with the NDIA as a vacant SDA dwelling;

6.2.3. you agree to keep your property addresses and organisation ABN up to date on the Website at all times to comply with the requirements of the NDIA to match property addresses to the ABN of the SDA Provider.

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 doing so. 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. YOUR OBLIGATIONS

7.1. When using the Website, you must comply with these Terms at all times.

7.2. You must protect and maintain the confidentiality of your login credentials and contact us immediately if someone has gained unauthorised access to your account. You are responsible for all activities that occur using those credentials.

7.3. Where you provide us with personal information about another person, you must have that person’s consent to provide their personal information to us, and you must advise them that their personal information has been shared with us.

7.4. Any information you make available on the Website, in any form including (without limitation) text, photos, illustrations, audio, video or any combination of these (collectively referred to as “Material”), must be up to date and must not: 

7.4.1. be potentially or actually harmful to us or any other person (including economic loss that will or may be suffered by us);

7.4.2. be false, inaccurate, misleading or deceptive;

7.4.3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, confidentiality or privacy;

7.4.4. violate any applicable law, statute, ordinance or regulation, including (without limitation) those governing consumer protection, fair trading, anti-discrimination, privacy and estate agents;

7.4.5. be, or could reasonably be expected to be, defamatory, discriminatory, offensive, threatening, abusive, pornographic, obscene, harassing, or exploitative of another person;

7.4.6. contain nudity, violence, sexual acts or references;

7.4.7. create a privacy or security risk to any person;

7.4.8. include an image or personal information of another person or persons unless you have their consent;

7.4.9. contain restricted or password only access pages, or hidden content;

7.4.10. contain viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of computer software or hardware;

7.4.11. advertise, promote or solicit any goods or services or commercial activities, other than properties or services that comply with these Terms, except where expressly permitted or authorised by us; 

7.4.12. contain financial, legal, medical or other professional advice.

7.5. If you are a Provider, you agree that at all times:

7.5.1. you will comply with all applicable laws and regulations relevant to your Property Listings and Provider Listing, including ensuring that you and third parties that you engage to act on your behalf hold and maintain all relevant licences and accreditations necessary to sell or lease properties in your Property Listings, and/or to deliver the services in your Provider Listing;

7.5.2. you have authority and capability to sell or lease the properties in your Property Listings, and deliver the services offered in your Provider Listing;  

7.5.3. you will not charge Seekers additional fees beyond those specified in your Property Listings, Provider Listing and any tenancy, sale or service agreement that you enter into with a Seeker;

7.5.4. if your Plan provides you with access to our Confidential Information, including market data, you will not share that information;

7.5.5. you will promptly and efficiently perform all of your obligations to Housing Seekers and other Website users, including, without limitation, responding to communications and requests for information regarding your Property Listings or Provider Listing, assessing potential tenants for suitability, and implementing tenancy, sale or service agreements as appropriate.

8. INTELLECTUAL PROPERTY

8.1. You acknowledge and agree that we are the owner of highly valuable proprietary information including, without limitation, the Website, the Website code, any suitability and matching algorithms, profiles, content, images, logos, market data and application forms (collectively "Confidential Information"). We own and retain all proprietary rights in the Website and the Confidential Information.

8.2. You must not copy, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content on our Website, in whole or in part. You must not use any automated process or technology to scrape, access, acquire, copy, or monitor any part of our Website, or attempt to reverse engineer, decompile or otherwise reproduce any part of our Website, including (without limitation) Provider and Property Listings.

8.3. By uploading, transmitting, posting or otherwise making available any Material via the Website, you grant a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with the Material to:

8.3.1. us, in any form and for any purpose;

8.3.2. Seekers and Supporters, but only to the extent necessary to support their search for accessible housing or services;

9. THIRD PARTY WEBSITES, ADVERTISING AND ACTIVITIES

9.1. We may feature or display links and pointers to websites operated by third parties on the Website. Such websites do not form part of the Website 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 do so at your own risk.

9.2. 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.

9.3. 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.

10. LIMITATION OF LIABILITY

10.1. 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 Seekers, Supports and Providers.

10.2. To the extent permitted by law, our Website 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, availability, fitness for a particular purpose and non-infringement. We make no representation as to profit or proceeds that can be made using the Website or the Provider Service.

10.3. 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 these Terms 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 Seekers, Supporters and Providers.

10.4. 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.

11. INDEMNITY

11.1. 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 Website, 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. 

11.2. 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.

12. CHANGES TO THESE TERMS

12.1. We may modify the Provider Services offered at any time.

12.2. We may modify these Terms at any time. We will generally send notification of changes to your account or email address, but we are not obliged to do so.

12.3. If you do not agree with any changes to these Terms, you must stop using the Website immediately. Your continued use of the Website constitutes your acceptance of the amended Terms.

13. NOTICES

13.1. 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.

13.2. All notices from you to us (including termination notices) must be sent by email to support@housinghub.org.au, or any other address that we notify to you. 

14. TERMINATION

14.1. You may cancel a Plan or Provider Account at any time by notifying us, and we may cancel a Plan or Provider Account immediately if any of the following applies:

14.1.1. you fail to pay any fees due to us within 30 days after the due date; or

14.1.2. you are in material breach of any of your obligations under these Terms; or

14.1.3. you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are deemed insolvent; or

14.1.4. you die, or if you are in a partnership, that partnership is dissolved or an application to dissolve is finalised, or if you are a company, are wound up or an application for winding up is filed; or

14.1.5. we have any reasonable concerns relating to your continued use of the Website, including, without limitation, in response to complaints and/or feedback we receive from Seekers, Supporters and regulatory authorities.

14.2. Upon termination of a Plan or Provider Account by you or us:

14.2.1. termination will take effect from the end of the current term, unless we have determined in our absolute discretion that your account and access to the Website is to be terminated at an earlier date due to a material breach of these Terms, in which case you will not be refunded any fees;

14.2.2. you remain liable for payment of any fees that you owe to us for continued use of the Website until the end of the current term or earlier termination;

14.2.3. your Property Listings and Provider Listing will remain published until the termination date, and we will remove your Property Listings and Provider Listing from the Website after that date.

14.3. We may terminate a Seeker Account or Supporter Account at any time and for any reason, and will provide reasonable notice if we intend to do so. Seekers and Supporters may cancel an account and cease using the Website at any time.

14.4. Termination of an account (of any type) does not affect any sale, tenancy or service agreement entered into between Seekers, Supporters and Providers.  All parties to any such agreement must continue to discharge their duties.

14.5. Clauses 2, 8, 10 and 11 survive termination of these Terms.

15. GENERAL

15.1. These Terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.

15.2. A failure by a party to exercise any right under these Terms will not be considered a waiver of those rights.

15.3. The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

15.4. We may assign our rights and obligations under these Terms provided there is no material detriment to you. You may not assign your rights and obligations without our prior written consent, which will not be unreasonably withheld.

15.5. These Terms set out the entire understanding and agreement between you and us with respect to its subject matter.