1. This agreement
1.1This agreement is between Deedwell (“Deedwell”, “we”, “us”) and you, the person or business publishing a listing (“you”, the “Lister”).
1.2It applies together with the Deedwell Terms of Service and Privacy Policy. Words defined in the Terms of Service have the same meaning here. If this agreement conflicts with the Terms of Service on a matter concerning listings, this agreement prevails.
1.3You accept this agreement when you publish a Listing.
2. Our role
2.1We provide an online platform for you to advertise your property or accommodation and receive enquiries and Bookings. We provide technology and advertising services only.
2.2We are not your real estate agent, letting agent, property manager or broker. We do not act for you, negotiate for you, accept Bookings for you, or collect rent or other money on your behalf.
2.3You decide your price, availability, house rules, cancellation and refund policy, and whether to accept each enquiry or Booking. Every sale, lease, tenancy or stay is a contract between you and the User. We are not a party to it.
4. Listing standards
4.1Each Listing must be accurate, current and not misleading, including its photos, description, features, price and availability.
4.2Prices must be the total price a User will pay, including any compulsory fees and GST where it applies.
4.3Rent and Share Listings must state a single fixed rent. You must not advertise a rent range, invite offers above the advertised rent, or run a rent auction.
4.4You must not include discriminatory terms or content that is unlawful, offensive or infringes someone else's rights.
4.5You must update or remove a Listing promptly when the property is sold, let or no longer available.
5. Stays
5.1Before listing a Stay, you must hold every approval the property needs, which may include local council planning approval, state short-term rental registration, and body corporate or owners corporation consent.
5.2Where the law requires a registration or permit number to be displayed, you must include it in the Listing, in the description or in any field we provide for it. We may refuse to publish a Stay without it.
5.3You must choose a cancellation and refund policy for the Listing, state any house rules clearly, and honour them.
5.4You must honour every confirmed Booking, keep the property safe, clean and as described, meet smoke alarm, pool, fire and other safety laws, and hold insurance that covers short-term letting.
5.5You are responsible for handling Guest complaints, refunds and damage claims. We may pass complaints to you and ask you to respond.
5.6You must comply with any code of conduct that applies to short-term rental hosts in the property's state or territory.
6. Legal compliance
6.1You are responsible for complying with all laws that apply to your property and Listings, including consumer, tenancy, planning, safety, anti-discrimination, privacy and tax laws.
6.2You may use Users' personal information only to respond to their enquiry or carry out their Booking, and must keep it secure.
7. Our fees
7.1Stay Listings are free to publish. You agree to pay the platform service fee shown in your dashboard on each Booking, which is deducted from the Booking payment. You agree to pay any listing fee shown when you publish a Buy, Rent or Share Listing.
7.2Our fees are for use of our technology and advertising services. They are not a commission or reward for selling, letting or negotiating on your behalf.
7.3Fees include GST where GST applies. We will give you a tax invoice on request.
7.4We may change our fees on at least 30 days' notice. A change does not affect fees already paid or Bookings already confirmed.
8. Payments
8.1To receive Booking payments you must open and maintain your own account with our payment provider, currently Stripe, and accept its terms.
8.2Guests' payments are processed by the payment provider on your account and paid to you. Our service fee is deducted by the payment provider at the time of payment. The payment provider's own processing fees are yours to pay.
8.3We do not hold, control or guarantee Booking money, and we do not operate a trust account. Timing of payouts depends on the payment provider.
8.4You are the supplier of the accommodation. Refunds, chargebacks and payment disputes relating to a Booking are your responsibility, in line with your stated policy and the law.
8.5We do not process payments, deposits or bonds for property sales, tenancies or share-house arrangements.
9. Tax and government reporting
9.1You are responsible for your own taxes on amounts you receive, including income tax and any GST on your supplies.
9.2You acknowledge that we are required by law to report information about you and your transactions to government authorities. This includes reporting to the Australian Taxation Office under the Sharing Economy Reporting Regime, and may include state revenue offices and short-term rental regulators.
9.3You must give us accurate information that we reasonably need to meet those obligations, such as your legal name, ABN, date of birth, address and property details, and keep it up to date. We may suspend a Listing until you do.
9.4Where a government levy applies to a Booking and the law makes us liable for it, we may collect it as part of the Booking payment.
10. Your content
10.1You keep ownership of your photos, videos and descriptions. You grant us a non-exclusive, royalty-free licence to host, display, reproduce, resize and promote them in connection with the Platform, including in search results, social media and advertising for the Platform, while the Listing is live and for a reasonable period afterwards for backup and record-keeping.
10.2You confirm you own or have permission to use everything you upload, including photos taken by someone else.
11. Removal and suspension
11.1We may remove or suspend a Listing, or suspend your account, if we reasonably believe you have breached this agreement or the law, a Listing is misleading, a required licence or registration is missing, or we receive a credible complaint. Where practical we will tell you why and give you a chance to fix it.
11.2We do not review or approve Listings before they are published and are not responsible for their content.
12. Liability
12.1Nothing in this agreement excludes or limits any right or guarantee you have under the Australian Consumer Law that cannot lawfully be excluded.
12.2We do not promise that a Listing will produce enquiries, Bookings, a sale or a tenancy.
12.3Subject to clause 12.1, we are not liable for the acts or omissions of Users, including damage to your property, non-payment or cancellations, and neither party is liable to the other for indirect or consequential loss.
12.4Subject to clause 12.1, our total liability to you for any claim connected with the Platform is limited to the greater of the fees you paid us in the 12 months before the claim arose and $100.
12.5You agree to compensate us for loss we reasonably incur because of a claim arising from your Listing, your property or your breach of this agreement or the law, except to the extent we caused or contributed to that loss.
13. Term and ending
13.1This agreement continues while you have a Listing or an account.
13.2You may remove your Listings or close your account at any time. You must still honour Bookings already confirmed.
13.3We may end this agreement on 30 days' notice, with a pro rata refund of any prepaid listing fees, or immediately if you seriously or repeatedly breach it.
14. General
14.1We may update this agreement on at least 30 days' notice for changes that materially affect you. If you do not accept a change, you may remove your Listings before it takes effect.
14.2This agreement is governed by the laws of Queensland, Australia. The courts of Queensland have non-exclusive jurisdiction.
14.3You are an independent party. Nothing in this agreement makes either of us the other's agent, partner or employee.
14.4You can reach us through the contact page at www.deedwell.com.au/contact.