Terms of Use

Acceptance of terms of use and amendments

1. Each time you use or cause access to this web site, you agree to be bound by these terms and conditions, as amended from time to time with or without notice to you.
2. You must be at least 18 years or older to use this website and your use warrants that you are 18 and over.
3. If you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use.
4. Mindahome uses a Google Places API Web Service application and therefore you are also bound by Google’s Terms of Service.
5. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.

Licence to use

6. We give you a licence to view and print from the website for your own personal use, but you cannot:
1. Sell or sub-licence this material;
2. Reproduce it in any way for commercial profit or otherwise;
3. Deal with it in any way other than outlined in this clause;

What we do

7. The Mindahome web site is a meeting place and works much like a matching service between Home Owners who require sitters and House Sitters looking for sitting opportunities. Mindahome provides the means for these people to contact each other. It is free for home owners to become members and use our service to contact house sitters and be contacted by them. For house sitters there is an annual membership fee as shown on the Mindahome website'Cost' page (an amount as reviewed from time to time).
8. The website is for information purposes for home owners and house sitters only.
9. We are not acting as agents for any third parties, nor do we act on behalf of any house sitters or home owners looking for house sitters.
10. We do no checks of any kind for house sitters or home owners, you contact home owners and sitters direct.
11. You make your own decisions on interacting with home owners or home sitters without influence or pressure from Mindahome in any way.
12. Mindahome only publishes the home owner’s suburb and no other information.

Your responsibilities and registration obligations

13. In order to use this web site or certain parts of it, you may be required to register for a user account on this web site.  In this case, you agree to provide truthful information when requested, and a minimum age of 18 years is required for eligibility for a user account you undertake that you are at least the required age.
14. By registering for a user account you explicitly agree to this site's Terms and conditions, including any amendments made by Mindahome from time to time that are published herein.

Privacy policy

15. Registration data and other personally identifiable information that the site may collect is subject to the terms of Mindahome's Privacy policy.

Registration and password

16. If Mindahome provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 
17. Mindahome in its sole and unfettered discretion may disable your user ID and password at any time without notice to you.
18. You will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you.
19. You agree to immediately notify Mindahome of any unauthorized use of your user account, user name or password.

Membership Fee Refund Policy

20. Once payment has been completed and processed by Mindahome, the membership fee is non-refundable, no exceptions. 
21. Under no circumstances will house sitters be entitled to a refund of membership or portion of a membership payment because of changes to services or features.
22. Mindahome makes no representation or guarantee that a house sitter will obtain house sitting positions by using this site.
23. A house sitter, wishing to cancel their membership for any reason, is not entitled to a refund for any unused portion of their membership.

Your conduct

24. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. Mindahome will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

Acceptable use

25. By using this web site or any service provided, you explicitly agree that:
    1. you will not provide any content or conduct yourself in any way that may be construed as:
       1. unlawful; illegal; threatening; harmful; abusive; harassing; stalking;
       2. tortious; defamatory; libellous; vulgar; obscene; offensive;
       3. objectionable; pornographic;
       4. designed to interfere with or disrupt the operation of this web site or any service provided;
       5. infected with a virus or other destructive or deleterious programming routine;
       6. giving rise to civil or criminal liability; or
       7. in violation of an applicable local, national or international laws;
    2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
    3. you will not collect or harvest any information about other users;
    4. you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
    5. you will not use this web site or any of its features to promote, publicise, link to or operate any service whatsoever, without Mindahome's prior written consent;
    6. you will not provide any content that may give rise to Mindahome being held civilly or criminally liable, or that may be considered a violation of any local, national or international laws, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

Non-compliance with the above listed conditions will result in immediate termination of your account with this website.

Submission of content on this web site

26. By providing any content to this web site:
1. you agree to grant Mindahome a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Mindahome the license;
3. you acknowledge and agree that Mindahome will have the right (but not obligation), at Mindahome's unfettered discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
4. You warrant that the content does not infringe any third party’s rights whatsoever;
5. You acknowledge that while Mindahome reserves the right to edit or remove any material submitted to the website, it does not monitor the submission or publication of such content.

Third-party services

27. Goods and services of third parties may be marketed, advertised and/or may be made available on or through this web site by Mindahome
28. Mindahome does not act as agent for the third parties who advertise or market on Mindahome website.
29. Mindahome will not be liable to you for any damage or loss:
1. Associated with your dealings or interaction with third parties;
2. Representations made regarding products and services provided by third parties;

Indemnity

30. You agree to unconditionally and irrevocably indemnify and hold harmless Mindahome and the Mindahome's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, against any and all damages and losses to persons and property and all costs and expenses which are incurred by or claimed from Mindahome by you or any third party arising out of:
1. Your use of the Mindahome website;
2. Your conduct in connection with Mindahome website and/or its service;
3. The provision of any material that you provide to Mindahome;
4. Any claim that you have breached any of these terms and conditions;
5. Any breach of these terms and conditions;
6. Any losses and/or damage you may suffer arising from your use of this website;
7. Any losses and/or damage you may suffer arising from your contact with or interaction with house sitters and/or house owners;
8. Any losses and/or damage you may suffer arising from your interaction and/or dealings with third parties who advertise and/or market on this website.

No warranties or representations

31. This web site and the services provided to you on and via this web site are provided on an "AS IS" basis.
32. The information contained on this Website is for informational purposes only relating to a house-sitting information directory.
33. Nothing on this website should be taken to be advice of any kind and you should seek your own advice from real estate professionals, legal or financial advisers before deciding to use this information in any way.
34. You agree that Mindahome reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Mindahome will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
35. All use of this website is at your own risk.

Mindahome makes no warranties either express or implied:

36. That this website will be constantly available or that the information on this website is true or accurate.
37. Regarding merchantability, fitness for a particular purpose and non-infringement of information contained in this website.
38. The United Kingdom consumer law may provide certain warranties such as fitness for purpose, merchantability.  We exclude all warranties to the extent permitted by the United Kingdom consumer law.
39. That any part of the service will be uninterrupted, error-free, secure, timely, reliable or of any quality.
40. That the content is safe for download.
41. That members will be employed as house sitters or that home owners will secure the services of a house sitter
42. Regarding the benefits or effectiveness of any information obtained from this Website;
43. That you will find that the information obtained through this Website will be satisfactory, complete, be of benefit, will be suitable for your own personal circumstances, or that you will find compatible house sitting opportunities.
44. Mindahome cannot verify or validate any references, written or otherwise, and accepts no responsibility of any kind concerning the credentials or information claimed by our members. As a result, Mindahome has no control over the quality, safety or legality of information obtained from the users or this Website and/or from third parties or the truth or accuracy of any such information.
45. In relation to the risks in dealing with information and/or third parties, including but not limited to the risk of physical harm, of dealing with strangers, animals, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with third parties with whom you come in contact through the Website and/or from information obtained through this Website.

Limitation of Liability

46. Mindahome its subsidiaries, affiliates, officers, directors, employees, agents, and partners, will not be liable to you in contract, tort or otherwise arising out of the use of or in connection with or your inability to use this website for:
    
    1. Any direct, indirect, special, incidental, consequential, punitive or exemplary damages including but not limited to damages for loss of profits, goodwill, data or other losses (even if Mindahome has been advised of the possibility of such losses and/or damages);
    2. Any loss or damage resulting from:
       1. Any transaction entered into through our service and/or our website
       2. Any unauthorised access to or alteration of your data transmissions;
       3. Representations and/or conduct of any third party using our website or service;
       4. Dealing with information from this website and/or third parties whose details may be obtained via this website, including but not limited to the risk of physical harm, of dealing with strangers, animals, foreign nationals, underage persons or people acting under false pretences.
       5. Disputes between you and other users regardless of the nature of the dispute, the reason for the dispute, allegations of fault surrounding the dispute or any other circumstances surrounding such dispute.

47. Mindahome provides a meeting place for house owners and house sitters and accepts no liability arising from the provision of the meeting place or subsequent connections. Mindahome will consider any comments made by members to protect the good name of the site and its members.

Intellectual property rights

48. This website is the property of Mindahome and is protected by copyright and trademark laws.
49. Mindahome or any other trading name, trademark, the website name mindahome.co.uk, and other intellectual property of Mindahome remain the property of Mindahome to your exclusion and any unauthorised use is not permitted. 
50. Any other intellectual property rights of third parties displayed on this website remain the property of those owners to your exclusion and any unauthorised use is not permitted.
51. Mindahome reserves all of their rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Mindahome may have in respect of this web site, its content, and goods and services that may be provided.
52. The use of Mindahome's rights and property requires Mindahome’s prior written consent.
53. By making services available to you, Mindahome is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Mindahome's prior written consent.

Changes to these terms and conditions

54. Mindahome reserves all rights to amend, delete or revise these terms and conditions from time to time as it sees fit without notice.  Any revised terms and conditions will be effective immediately and you are directed to keep abreast of any changes by checking this page.

Severability

55. If anything in these terms and conditions is unenforceable, illegal or void, it is severed and the rest of the terms and conditions remain in force.
56. If you breach any of our terms and conditions and we don’t take any action immediately does not mean we waive or give up our rights.

Entire agreement

57. These terms and conditions constitute the entire agreement and understanding between you and Mindahome on everything connected with the use of this website and supersedes any prior understanding, arrangement, representation or agreements.

Law and Jurisdiction

58. These terms and conditions are government by the legislation of Victoria Australia and any dispute will be subject to the determination and jurisdiction of the Victorian Courts in Australia.