Find your FIFO friendly home

INTRODUCTION

1.    The domain name www.fifohousemate.com.au (FIFO housemate) and associated website (the Site) operate pursuant to the following terms and conditions of use, as amended and updated from time to time at the sole discretion of the operators of FIFO housemate (the T&Cs).

2.    FIFO housemate is a registered business name, which, in addition to the Site, is owned and operated by the partnership of C.V. Del Borrello and D.A. Del Borrello (the Operators).
 
3.    In viewing, or utilising the services available on FIFO housemate and the Site in any way, a person so viewing, or utilising the Site is taken to agree to be bound by the T&Cs, and is taken to be aware of the T&Cs including but not limited to any notices, disclaimers, policies or conditions which may be applicable.

GENERAL PROVISIONS

4.    In the interpretation of the T&Cs, unless there is something in the subject or contents inconsistent therewith:

a.    words importing the singular include the plural and vice versa;

b.    words importing any gender include the other gender;

c.     headings used in the T&C’s  are for convenience only and shall not be used in the interpretation or construction of the T&C’s ;

d.    reference to currency means Australian currency.


5.    Unless contrary to the sense or context, any reference to a person includes that persons executors, administrators, liquidators, personal representatives, successors and assigns.

6.    FIFO housemate operates the Site to provide an introduction service to persons seeking to offer accommodation (for example by way of lease) to persons seeking accommodation (the Services).

7.    FIFO housemate specialises in the provision of the Services to persons employed on a fly in fly out (FIFO) basis who might be seeking rental accommodation, and persons who are seeking to offer accommodation on a short term or intermittent basis.

8.    While FIFO housemate specialises in the provision of the Services in accordance with clause 7 of the T&C’s FIFO housemate will provide the Services to any interested person who accepts the T&Cs.

9.    The Services provided by FIFO housemate are solely on the basis of an introductory service to persons seeking accommodation (Tenant) and persons seeking tenants (Proprietors).

10.    Tenants and Proprietors, together with any other person viewing the Site, are collectively referred to hereafter as Users of the Site. 

11.    FIFO housemate and the Site operate to provide a forum for Proprietors or Tenants to place an advertisement either offering rental accommodation, or alternatively seeking rental accommodation.

12.    FIFO housemate and the Operators may permit additional commercial advertising to be posted on the Site.

13.    Any advertisement that is not an advertisement offering rental accommodation as provided in clause 11 and that does not otherwise comply with the T&C’s is prohibited from being posted without the express consent in writing of the Operators.

14.    All Proprietors or Tenants placing any advertisement on the Site, and any other Users, do so in accordance with these T&Cs.

REPRESENTATIONS AND LIABILITY

15.    Neither FIFO housemate nor the Operators make any representations of any kind as to the accuracy of any of the advertisements placed on the Site, and are not in any way, and cannot be construed as an agent of any Proprietor or any Tenant or any other Users of the Site.

16.    The accuracy of an advertisement posted by Users of the Site, is solely and absolutely the responsibility of the User posting the advertisement.

17.    Any User viewing any advertisement posted on the Site agrees that FIFO housemate and or the Operators bear no liability of any kind in respect of any advertisement, and further agree that an advertisement posted by a Proprietor, does not contain any representation from FIFO housemate or the Operator, and further agree that neither FIFO housemate nor the Operators make any representation (express or implied) as to the accuracy of any information or representation contained in the said advertisements.

18.    The Users of the Site acknowledge and accept that neither FIFO housemate nor the Operators are involved in any subsequent transaction in any way, which may arise from the provision of the Services, between a Proprietor and a Tenant.

19.    The Users acknowledge and accept that neither FIFO housemate nor the Operators conduct a review of the accuracy of any advertisement posted by on the Site at any time, and further acknowledge and accept that there is no warranty or representation of any kind, by any person as to the accuracy of any of the advertisements (or the contents thereof) appearing at any time on the Site, including but not limited to the particular standard, quality, value or age of any aspect of the content of the advertisement.

20.    The Users of the Site accept and acknowledge that neither FIFO housemate nor the Operators make any representation as to any matter relating to a User, including but not limited to:

a.    The ability of any Proprietor to provide any accommodation of any sort to any person;

b.    The ability of any Tenant to accept an offer to let any property of any sort;

c.    The creditworthiness of any Tenant or Proprietor;

d.    The rental history of any prospective Tenant;

e.    The suitability of any Tenant responding to a Proprietor’s advertisement for any particular property which may be being offered for let, or, the suitability of any property appearing in a Proprietor’s advertisement for any particular person seeking a tenancy.

21.    The Users of the Site acknowledge and accept generally, that neither FIFO housemate nor the Operators are liable to any person, for any loss or damage of any kind caused to any person, which may be caused by, or arise from in any way, any information which may appear on the Site at any time.

22.    The Users of the Site acknowledge and accept that neither FIFO housemate nor the Operators review or monitor any communications which might occur between any User’s generally, or any communications which might occur as a result of the provision by FIFO housemate to a Proprietor or a Tenant, or any other person, of any information of any kind.

23.    The Users acknowledge and accept that neither FIFO housemate nor the Operators are liable to any person, for any loss or damage of any kind caused to any person, which may be caused by, or arise from in any way, any communications which might occur between any User’s generally, or any communications which might occur as a result of the provision by FIFO housemate to a Proprietor or a Tenant, or any other person, of any information of any kind.

24.    The Users acknowledge and accept that any hyperlink contained in an advertisement which might appear at any time, is solely the responsibility of either the Proprietor or the Tenant (as the case may be) who posted the advertisement, and further, the Users acknowledge and accept that neither FIFO housemate nor the Operators are responsible in any way for the content of any site which a User may view as a result of activating any hyperlink contained in an advertisement posted by a Proprietor or any other User, and further, that neither FIFO housemate nor the Operators are liable to any person, for any loss or damage of any kind caused to any person, which may be caused by, or arise from in any way, any use of any hyperlink contained in an advertisement posted by a Proprietor or a Tenant.

25.    The Users acknowledge and accept that neither FIFO housemate nor the Operators are liable to any person, for any loss or damage of any kind to any person, which may be caused by, or arise from in any way the use of any other hyperlink appearing on the Site which is not a hyperlink to which [clause 24] apply. 

26.    By using the Site, Users warrant that they have attained the age of majority and otherwise possess any and all legal authority in order to seek the provision of the Services. 

27.    For the avoidance of doubt, and to the extent permissible by law, neither FIFO housemate nor the Operators are liable in any way for any loss for any loss or damage of any kind caused to any person, which may be caused by, or arise from in any way, any persons use or viewing of the Site.                 

SPECIFIC PROVISIONS RELATING TO PROPRIETORS

28.    Proprietors may submit an advertisement to FIFO housemate for posting, provided:

a.    The draft advertisement is provided in electronic form to FIFO housemate,

b.    The draft advertisement contains the following information with the intention that the following information would be posted on the Site:
i.    The address or suburb and city of the property to be offered to Tenants;
ii.    The dates between which the property is available to be let as may be applicable;
iii.    The cost, in Australian dollars per week of the proposed letting;
iv.    If desired, no more than 5 photographs of the property to be let, said photos to be in the electronic format options provided at the time of posting the advertisement;
v.    At the point of posting the advertisement the Proprietor must provide a nominated email account for a prospective Tenant to contact the Proprietor.  The Proprietor will have an option to elect whether the nominated email account will appear on the advertisement. Such election is the absolute responsibility of the Proprietor.

c.    The Proprietor must also provide to FIFO housemate the Proprietor’s name and contact details in the form of a nominated email account, which will not be posted on the Site except in accordance with clause 28(b)(v).

29.    In sending a draft advertisement to FIFOhousemate a Proprietor warrants that:
a.    The information contained in the draft advertisement is true and correct;

b.    Nothing in the draft advertisement is unlawful in any way;

c.    Nothing in the draft advertisement could reasonably be considered to give rise to any liability of any sort to any person, save for that liability relating to a lease agreement between the Proprietor and any tenant;     
d.    The Proprietor will not:
i.    Disseminate any spam, chain letter, pyramid scheme or unsolicited offers of any kind;
ii.    Disseminate any virus or other technologies that may harm FIFO housemate or any other Users of the Site;
iii.    Impose an unreasonable load on FIFO housemate hardware or software which interferes with the proper working of the Site;
iv.    Copy, modify or distribute any other Users of the Site’s content without their prior consent;
v.    Use any hardware or software of any sort to collect any other User’s information or content from the Site, without the prior consent of the User;

e.    The Proprietor acknowledges and accepts that the Proprietor is solely responsible for the content of any information provided to FIFO housemate, and any and all consequences which might be caused by, or arise from, the posting of that information on the Site;

30.    In the event FIFO housemate receives a draft advertisement from a Proprietor, FIFO housemate or the Operators may, at their discretion:
a.    Post the advertisement on the Site;

b.    Decline to post the advertisement on the Site.

31.    The Proprietor acknowledges that FIFO housemate or the Operators may elect, at their absolute discretion, to require the provision of a fee on the Proprietor for the Services, provided that:
a.    Notice of the fee is provided prior to the posting of any advertisement;

b.    Any fee proposed to be charged is to be the subject of a further agreement; 

c.    No fee may be charged in respect of any advertisement which has been posted prior to the terms of the fee being agreed between the Proprietor and FIFO housemate.

32.    The Proprietors accept and acknowledge that in order to provide the Services, FIFO housemate and or the Operators may be required to collect personal and or sensitive information from the Proprietor, and further the Proprietor consents to FIFO housemate and or the Operators collecting the said personal and or sensitive information as may be required, and further consents to FIFO housemate and or the Operators using the said personal and or sensitive information collected to provide the Services, in accordance with these T&Cs, and the FIFOhousemate Privacy Policy published on the Site as amended from time to time.          

SPECIFIC PROVISIONS RELATING TO TENANTS

33.    Tenants may offer an advertisement to FIFO housemate for posting, provided:

a.    The draft advertisement is provided in electronic form to FIFO housemate to the relevant email address posted on the Site; and,

b.    The draft advertisement contains the following information with the intention that the following information would be posted on the Site:
i.    The dates between which the Tenant seeks a property to let;
ii.    The general location the Tenant is seeking a property to let;
iii.    The price, in Australian dollars per week, the Tenant is prepared to pay to let a property;
iv.    At the point of posting the advertisement the Tenant must provide a nominated email account for a prospective Proprietor to contact the Tenant.  The Tenant will have an option to elect whether the nominated email account will appear on the advertisement. Such election is the absolute responsibility of the Tenant.

c.    The Tenant must also provide to FIFO housemate the Proprietor’s name and contact details in the form of a nominated email account, which will not be posted on the Site except in accordance with clause 33(b)(iv).


34.    In sending a draft advertisement to FIFOhousemate a Tenant warrants that:
a.    The information contained in the draft advertisement is true and correct;
b.    Nothing in the draft advertisement is unlawful in any way;

c.    Nothing in the draft advertisement could reasonably be considered to give rise to any liability of any sort to any person, save for that liability relating to a lease agreement between the Tenant and any proprietor;

d.    The Tenant will not:
i.    Disseminate any spam, chain letter, pyramid scheme or unsolicited offers of any kind;
ii.    Disseminate any virus or other technologies that may harm FIFO housemate or any other User;
iii.    Impose an unreasonable load on FIFO housemate hardware or software which interferes with the proper working of the Site;
iv.    Copy, modify or distribute any other User’s content without their prior consent;
v.    Use any hardware or software of any sort to collect any other User’s information or content from the Site, without the prior consent of the User;

e.    The Tenant acknowledges and accepts that the Tenant is solely responsible for the content of any information provided to FIFO housemate, and any and all consequences which might be caused by, or arise from, the posting of that information on the Site;

35.    In the event FIFO housemate receives a draft advertisement from a Tenant, FIFO housemate or the Operators may at their discretion:
a.    Post the advertisement on the Site;
b.    Decline to post the advertisement on the Site.
   
36.    The Tenant acknowledges that FIFO housemate or the Operators may elect, at their absolute discretion, to require the provision of a fee from the Tenant for the Service, provided that:
a.    Notice of the fee is provided prior to the posting of any advertisement;

b.    Any fee proposed to be charge is to be the subject of a further agreement;

c.    No fee may be charged in respect of any advertisement which has been posted prior to the terms of the fee being agreed between the Tenant and FIFO housemate.

37.    The Tenants accept and acknowledge that in order to provide the Services, FIFO housemate and or the Operators may be required to collect personal and or sensitive information from the Tenant, and further the Tenant consents to FIFO housemate and or the Operators collecting the said personal and or sensitive information as may be required, and further consents to FIFOhousemate and or the Operators using the said personal and or sensitive information collected to provide the Services, in accordance with these T&Cs, and the FIFO housemate Privacy Policy published on the Site as amended from time to time.       

EXPRESS FIFO housemate AND OPERATOR RETAINED RIGHTS

38.    Notwithstanding anything appearing in these T&Cs, the following express rights are retained at all times by FIFO housemate and the Operators:

a.    FIFO housemate and the Operators may at their absolute discretion, accept or decline to post an advertisement offered by a Proprietor or a Tenant;

b.    FIFO housemate and the Operators may remove an advertisement posted by a Proprietor or Tenant without notice to any person, provided FIFO housemate or the Operators are reasonably of the view that the content, appearance or nature of the said advertisement gives rise to any risk that a User, FIFO housemate or the Operators may be at risk of any liability of any sort, civil or criminal in any jurisdiction or location where the Site may be accessed by any person; 

c.    FIFO housemate and the Operator may at their absolute discretion deactivate and remove any advertisement posted by a Proprietor or a Tenant, in the event the said advertisement has reached 30 calendar days old from the date it was first posted;

d.    FIFO housemate and the Operator may deactivate and remove any advertisement posted by a Proprietor or a Tenant on the provision of 14 days notice sent to the email address provided by the Proprietor or the Tenant (as the case may be);   

e.    FIFO housemate and the Operator may at their absolute discretion, utilise the Site to display commercial advertising of any sort provided by a third party  (Third Party Content).  

f.    Any Third Party Content displayed on the Site shall be in accordance with the T&C’s and with any additional terms and agreements contained elsewhere on the Site.  FIFO Housemate does not monitor the Third Party Content nor any links to websites connected to any Third Party Content.

g.    The clauses of the T&C’s in relation to representations and liability of advertisements posted by Proprietors apply to any Third Party Content contained on the site.

GOVERNING LAW & DISPUTES

39.    These T&Cs are governed by, take effect and are to be construed in accordance with the law enforced in the State of Western Australia and the Users, FIFO housemate and the Operators submit to the exclusive jurisdiction of the courts of the State of Western Australia.

40.    Any person who may have a dispute with FIFO housemate and or the Operators which touches up, is caused by or arises from these T&Cs or the Site in any way, must take all reasonable action to resolve any such dispute by way of arbitration or mediation, prior to the commencement of any litigation.

VARIATION & WAIVER

41.    No variation of or addition to consent or cancellation or novation of these T&Cs and no waiver by any person of any of its rights hereunder shall be of any force or effect unless and until expressly agreed to by FIFO housemate and the Operators.

42.    FIFO housemate and or the Operators have the express right to vary these T&Cs at any time, and the posting on the Site of any amended or updated T&Cs is taken to be notice to all Users of the amended or updated T&Cs which are enforceable and of effect from the time and date of posting on the Site.  

43.    Any failure or omission by any person at any time to:

a.    Enforce or require the strict observance of or compliance with any provision of these T&Cs; or,

b.    Exercise any election or discretion under these T&Cs,

Does not operate as a waiver of them or of the rights of that person, whether express or implied, or otherwise arising from these T&Cs in any way.

INTELLECTUAL PROPERTY

44.    Any User posting content in the form of an advertisement, or the provision of any comment on any forum which might appear on the Site, irrevocably consents to the use by FIFO housemate of that content (without fee) for advertising and promotional purposes or the provision of the Services, by FIFO housemate, at FIFO housemate sole discretion.

45.    The content of the Site, other than the content of advertisements or other material provided by Users is and remains the intellectual property of FIFO housemate and the Operators, and must not be reproduced without the prior consent of the Operators. 


SEVERABILITY

46.    If any part of these T&Cs are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these T&Cs are not affected and these T&Cs must be read as if that part had been deleted.