Terms & Conditions
1. Introduction
(1) The www.online4services.com website, and any mobile application for the website (the 'Site') is owned and operated by Online4services Pty Ltd.
(2) These terms and conditions (the 'O4S T&C') together with the Privacy Policy govern, the relationship between O4S and any individual using or accessing the Site and any of the content or services available through it as a Patron or potential Patron, and who is not using it in his/her/its capacity as a business owner or manager (each, a 'Patron' or 'you'). Patrons include people who use the Site to access information about and businesses, services and properties.
(3) The O4S T&C constitute a legally binding agreement between O4S and the Patron. By using or accessing the Site you acknowledge that you agree to and are subject to the O4S T&C as well as our Privacy Policy. If you do not fully agree to the O4S T&C, you are not authorised to access or otherwise use the Site.
(4) O4S does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts.
(5) O4S may revise the O4S T&C at any time by posting an updated version to this web page. You should visit this page periodically to view the most current O4S T&C because they are binding on you.
2. The Basics
(1) The Site is a place where Patrons can view advertising of, and obtain information about, businesses providing services, including property owners, lessees and managers, (each, an 'Owner' and collectively with a Patron, the 'users'). We may also offer online booking, online payment or other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions. We are not an agent for Owners or property managers that advertise properties on www.online4services.com, nor are we an agent for any third party suppliers of other goods or services that are advertised on www.online4services.com.
(2) The Site acts only as a venue for users to interact, and O4S is not, and does not become, party to any contractual relationship between the Patron and the Owner, and does not mediate between the Patron and the Owner in the event of any dispute arising between them. This is true even if the Site facilitates booking of or payment for a Property or the use of other tools, services or products, as O4S is not a party to any rental or other agreement between Patrons and Owners.
3. Property Listings and Interaction with Owners
(1) Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer ('Listings'), for updating them and ensuring (where relevant) that they are correctly translated.
(2) If a Patron finds a Property or Service in which they are interested, they can send an information request to the Owner (an 'enquiry') stating their surname, e-mail address and telephone number, along with any requested information, without having to log in to the Site for the purpose.
(3) The Patron will receive a confirmation from the Owner once an enquiry has been received.
(4) The Owner may then communicate with the Patron in connection with the enquiry.
(5) O4S has no responsibility for or involvement in, the communications between the Owner and Patron.
4. Changes, Cancellations and Refunds
(1) Terms and conditions for booking changes, cancellations and refunds and refundable damage deposits are specific to each Owner and/or each property that they list.
5. Rights and Obligations of O4S
(1) O4S shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Properties that Owners have submitted to O4S are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) Further, you also acknowledge that Owners - and not O4S - are responsible for the accuracy with which the photos depict the relevant Property.
(3) O4S may occasionally undertake upgrades and maintenance of the site, its platforms and systems. These works may result in restrictions on the usage. O4S will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Patrons usage is least affected.
(4) You acknowledge that O4S is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.
(5) O4S reserves the right to transfer these O4S T&C, and to assign or subcontract any or all of its rights and obligations under these O4S T&C, to a third party but will not do so in such a way as to reduce any guarantees you are given under these O4S T&C.
6. Intellectual Property and Related
(1) All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Patrons are permitted to download, display or print individual pages of the site to evidence their agreement with O4S. The relevant file or the relevant printout must clearly bear the text 'Copyright 2015 - Present 04WS - All Rights Reserved'.
(3) Where a Patron submits to or transmits through the Site platform or systems any content of any type, including text or images, the Patron undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured ('model release') or owners of featured items ('property release').
(4) To the extent that Patrons' reviews or other content may contain trademarks or other proprietary names or marks, Patrons undertake that they have the right to do so.
(5) By submitting reviews to the site, Patrons authorise O4S to use them both on the site and in separately published form.
(6) O4S also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and Cookie Notice and in Google's own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. You understand and accept that O4S has no control over Google's data collection.
7. Communications and Reviews
(1) Patrons must provide only accurate and truthful information concerning their identity in any communications on the Site, including reviews of listings.
(2) Messages sent via O4S systems should only relate to genuine enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse O4S systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
(3) Please note that O4S does not, and realistically does not have the ability to, verify the accuracy or otherwise of Owner listing information or responses to direct enquiries.
(4) O4S does not generally conduct identity checks. If Patrons suspect that the Owner has supplied false information, they are invited to notify O4S through the contact form on www.online4services.com.
(5) O4S complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. The Patron consents to the use of his data as outlined in the Privacy Policy. Owners generally authorise O4S to forward the Owner's contact details, including telephone number, to Patrons in connection with an enquiry.
8. Indemnification
(1) You agree to indemnify and hold O4S and its affiliates in other countries including the online4services.com Site harmless against any claims by third parties brought against O4S arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these O4S T&C. O4S will provide notice to you promptly of any such claims.
9. Prohibitions
(1) The Patron shall not directly or indirectly:
a) With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
b) Monitor content on the site or O4S's platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the Site or O4S) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with O4S' robots.txt file;
c) Use the site or O4S's platform or systems for purposes other than those referred to in these O4S T&C;
d) Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
e) Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
f) Upload or send to the Site or O4S' platform or systems any contents or programs, which on account of their size or nature, might damage O4S' computers or networks;
g) Include content on the site or O4S' platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
h) Use or access the Site or O4S' platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, 'virus' includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
i) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered 'phishing' (whether primary, secondary or other) or that would give rise to criminal or civil liability;
j) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
k) Refer to O4S or any O4S Affiliate in any way that might lead someone to believe that the Patron or any website is sponsored by, affiliated with, or endorsed by O4S or any O4S Affiliate.
10. Right to Delete Content
Patrons are responsible for ensuring that their communications, and content posted, through or in connection with the site, including communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. O4S may monitor any data on the Site or O4S' platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, O4S shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.
11. Notifications
(1) Messages are to be sent using the contact form on the www.online4services.com Site.
(2) Notifications of copyright infringement must contain:
a. Your postal address, telephone number and e-mail address;
b. Precise details about the content in question (insertion of the text or image) including a link to the website;
c. A signed declaration in lieu of an oath, which evidences that you:
i. Hold the exclusive rights to use the work;
ii. Have not authorised the use of the material in question in this form.
12. Liability of O4S
(1) O4S has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. In no event will O4S be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or O4S' platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if O4S has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or O4S' platform or systems, you do not agree with any part of these O4S T&C, then your sole and exclusive remedy against O4S is to discontinue using the Site. Nothing in these O4S T&C shall exclude or restrict O4S liability for death or personal injury resulting from its negligence; nor for O4S fraud or fraudulent misrepresentation.
13. Miscellaneous
(1) These O4S T&C, and the relationship between the Owner and O4S, shall be governed by and construed in accordance with the laws in force in Australia, and you submit to the non-exclusive jurisdiction of the courts in that State.
(2) These O4S T&C, the Privacy Policy and the Cookie Notice contain the entire agreement between O4S and Patron relating to their subject matter.
(3) O4S recommends that you save your own copy of these O4S T&C in a separate file on your device or in print-out form.
(4) O4S' failure to act with respect to a breach of these O4S T&C by the Patron or others does not waive O4S' right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these O4S T&C.
(6) The invalidity of one or more provisions of these O4S T&C shall not affect the validity of the other provisions.