Race Roomies Terms of Service
Race Roomies provides an online community at https://raceroomies.com that enables:
1. People with short term accommodation for sporting events (for example, existing accommodation bookings or private property homestays) looking for additional people to share their accommodation (Accommodation Listers) to:
- Create a Listing for their accommodation or property by uploading Content; and
- Search Listings for people who are seeking to rent accommodation for the same event and make contact.
2. People seeking to rent accommodation for sporting events (Accommodation Seeker) to:
- Create a Listing for themselves by uploading Content;
- Search Listings for people with with accommodation to rent for the same event and make contact; and
- Search Listings for other people who are seeking to rent accommodation for the same event, willing to team up to find accommodation, and make contact; "Service")
These Terms of Service ("Terms") govern your access and use of the Service and our website ("Site"). Our Privacy Notice, available at https://raceroomies.com/privacy ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). In this Terms of Service "You" means an individual using the Service. Race Roomies may be further referred to as "We", "Us", and "Our".
Please read these Terms carefully. By accessing, registering on and/or using the Site, or using the Service, you assent to these Terms. Race Roomies may, in its sole discretion, change these Terms from time to time and we will notify you of all variations in writing. By continuing to use the Site or Service following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Site or Service.
In these Terms of Service:
- "Content" means graphics, photos, text, videos and location data relating to either available accommodation or a user who is seeking accommodation;
- "Intellectual Property Rights" means copyright, patents, trade marks, designs and other statutory rights and all common law or equitable rights protecting business or personal reputation;
- "Listing" means an online advertisement or promotion either: (a) promoting or offering rental properties or other accommodation for rent; or (b) seeking available accommodation to rent;
- "Personal Information" has the meaning given to that term in the Australian Privacy Act 1988 (Cth)
3. Website and Services
3.1 Use of Site and Services
You must not, and must not attempt to:
- Use the Site for any purpose other than for the purpose of offering to rent accommodation or seeking to rent accommodation;
- Use the Site or the Services in any way that causes, or is likely to cause the Site or access to it to be interrupted, damaged, rendered less efficient or in a way that impairs the effectiveness or functionality of the Site;
- Authorise any other person to do any act which would, if that act were to be done by you, infringe any Intellectual Property Rights for us, our licensors or third parties;
- Reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Site;
- Capture or copy any software on the Site for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
- Hack, infiltrate or otherwise do anything which may compromise the Site;
- Cause Race Roomies to lose (in whole or in part) the services of Race Roomies' internet service providers (ISPs) or other suppliers;
- Introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- Prevent or restrict us from complying with any applicable law, industry code or court order;
- Use the Site or any of the Services for any improper or unlawful purpose, causing a nuisance or causing the operation of any of the Services to be jeopardised or impaired;
- Use the Site or any of the Services to provide, to aid, abet, procure, counsel or assist another person to provide, or to encourage, solicit or entice the provision of, any services of a sexual nature for monetary or non-monetary consideration;
- Use the Site or any of the Services to create, host or transmit any defamatory, offensive or obscene material or engage in activities which would cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed, sex or gender, or sexual preference;
- Use the Site or any of the Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way;
- Use the Site or any of the Services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
- Use the Site or any of the Services to create, host or transmit material which infringes the Intellectual Property Rights (including without restriction copyright, trade mark, patent, trade secret or other intellectual property rights) of any other party;
- Use the Site or any of the Services to create, host or transmit unsolicited advertising material to other users;
- Use the Site or any of the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
- Use the Site or any of the Services for any activity which adversely affects the ability of other people or systems to use the Site or any of the Services, or the Internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
- At any time while you are using the Site or any of the Services, impersonate any person or entity or use or provide a false name or a name that you are not authorised to use.
3.2 Access to Website and Services
From time to time, Race Roomies will make available on the Site articles and other material setting out information relevant to seeking accommodation, renting accommodation, travelling for sporting events or participating in and preparing for sporting events, such as articles relating to pricing share accommodation, preparing agreements between parties, travel considerations or training plans (Informative Content). Any Informative Content on the Site is of a general nature only and does not consider your personal objectives, financial situation or particular needs. You should not regard Informative Content as advice and you should seek professional legal, property, accounting, immigration, health or other advice for your specific circumstances. You should not rely on any Informative Content as the basis for taking any legal action, negotiating or entering any agreement, incurring any financial liabilities, taking steps related to immigration or visa status or applications, performing any physical activity or making health related decisions.
3.3 No advice
From time to time, Race Roomies will make available on the Site articles and other material setting out information relevant to seeking accommodation or renting accommodation, such as articles relating to tenants’ rights as tenants (Informative Content). Any Informative Content on the Site is of a general nature only and does not consider your personal objectives, financial situation or particular needs. You should not regard Informative Content as advice and you should seek professional legal, property, accounting or other advice for your specific circumstances. You should not rely on any Informative Content as the basis for taking any legal action, negotiating or entering any agreement, or incurring any financial liabilities.
4. Content
4.1 Uploading of Content
- As part of the Services, the Site allows you to upload Content for viewing by other users of the Site as part of a Listing. Each time you upload Content to the Site, you confirm your acceptance of, and your agreement to be bound by, all the terms and conditions set out in these Terms of Service.
- Race Roomies will not review, vet or approve, and is not responsible for reviewing, vetting or approving, the Content or any part of the Content, or any material appearing in the Content, and it is the sole responsibility of the user uploading the Content to ensure that the Content or any part of the Content, or any material appearing in the Content, complies with these Terms of Service
4.2 Rights to the Content
At the time you upload Content, you represent and warrant that:
- You are the owner of all Content and all Intellectual Property Rights in and to the Content and all material appearing in the Content, or you otherwise have the authorisation, permission or consent of the owner of, or any other relevant person to, the Content or any part of it or any material appearing in the Content;
- You have the authorisation, permission or consent of each person appearing in the Content for them to appear in the Content and for you to submit that Content, make the Content available on the Site and otherwise grant the rights to Race Roomies you grant under these Terms of Service;
- The Content or any part of it, or any material appearing in the Content, does no infringe the rights, including any Intellectual Property Rights, of any third party; and
- The Content does not contain any material which is offensive, defamatory, discriminatory, pornographic, abusive, obscene, or otherwise illegal in any jurisdiction anywhere in the world.
4.3 No endorsement
Race Roomies does not endorse any Content or Listing uploaded to the Site by you or any user, or any opinion, recommendation or advice expressed in the Content or Listing.
4.4 Ownership
Race Roomies acknowledges and agrees that no right, title and interest in and to the Content you submit to the Site is transferred to Race Roomies and that it has no rights in respect of that Content except those rights granted to it under these Terms of Service or otherwise in writing by you.
4.5 Licence
At the time you upload Content, you grant to Race Roomies a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to host, cache, store, maintain, use, reproduce, communicate, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate or otherwise exploit all or any part of the Content on the Site and any other Site which is associated with, connected to, or otherwise operated by Race Roomies including, without limitation, websites owned and/or operated by persons other than Race Roomies.
4.6 Take-down or modification of Content or Listing
Race Roomies, in its sole and absolute discretion, may edit, modify, block or delete any Content or any Listing, or any comments or messages made on the Site in respect of a Listing, if Race Roomies determines that any of the preceding material contravenes or is likely to contravene these Terms of Service.
4.7 Release
You forever release Race Roomies, and its directors, officers, employees, agents and contractors, for any and all claims, rights, demands, actions or suits which you have, may have or would have had, in connection with Race Roomies' exploitation of the Content or the exploitation of the Content by any of Race Roomies or its directors, officers, employees, agents or contractors and whether that claim arose or arises in contract, tort (including, without limitation, negligence), under statute or otherwise.
4.8 Waiver
You hereby consent to all acts or omissions by Race Roomies, its licensees or others authorised by it, or its successors in title, which would otherwise constitute an infringement of any moral rights you have, or may have, in the Content or any part of it, or any material appearing in the Content, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for Race Roomies, or any other person authorised by Race Roomies, to materially alter, modify, add to and in any way change the Content or any part of it, or any material appearing in the Content, and deal with the Content or any part of it, or any material appearing in the Content, without identifying you or any third person as the author of the Content or any part of the Content, or any material appearing in the Content. You warrant that any third party who has acquired any moral rights in the Content or any part of it, or any material appearing in the Content, has also waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in these Terms of Service.
4.9 Access to and use of Messages, other Content, and correspondence
- Race Roomies may access, read, and permanently store any messages sent by you to another user of the Site using the Site’s messaging function, or sent to Race Roomies using the Site’s messaging function, for the purposes of protecting the safety and security of the Site and its users. The messages sent by you may be used as the basis for removing your Content from the Site, terminating your Account, or reporting behaviour to any government law enforcement authorities.
- Race Roomies may access, read, and permanently store any Content uploaded to the Site by you for the purposes of protecting the safety and security of the Site and its users. The Content uploaded by you may be used as the basis for removing your Content from the Site, terminating your Account, or reporting behaviour to any government law enforcement authorities.
- Race Roomies may access, read, and permanently store any correspondence made by you to Race Roomies, including by email, post, or other messaging service, for the purposes of protecting the safety and security of the Site and its users. The correspondence made by you to Race Roomies may be used as the basis for removing your Content from the Site, terminating your Account, or reporting behaviour to any government law enforcement authorities.
7. Limitation of Liability
7.1 Website and Services
Use of the Site and the Service is at your own risk. Both are provided on an “as is” basis, and Race Roomies makes no representation, and gives no warranty or guarantee (to the extent permitted by law), as to its function or operation, or that it is free from any defects.
7.2 Competition and Consumer Rights
If the Competition and Consumer Act 2010 (Cth) or any other Act (including, without limitation, equivalent country, state or territory legislation) implies into these Terms of Service any term, or otherwise provides that any guarantee applies in relation to the services supplied under or in connection with these Terms of Service, which, or the effect of which, cannot be excluded or modified, and if we breach such term, condition, warranty or guarantee, then Race Roomies' liability (if permitted by the relevant Act) is limited, at Race Roomies' election, to the re-supplying of the relevant services, a refund of the cost of having those services supplied or payment of the cost of having the services re-supplied.
7.3 Website and Services
Subject to clause 7.1 above, and to the extent permitted by law, Race Roomies shall not have any liability whatsoever (whether in contract, tort including negligence, pursuant to statute or otherwise) to you for any direct or indirect loss or damage of whatsoever kind you suffer or incur as a result of, or in any way in connection with, your use of the Site or the Services, or which otherwise arises in connection with your dealings with Race Roomies.
8. Indemnity
You indemnify Race Roomies and its directors, officers, employees, agents and contractors, and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of any breach by you of clauses 1.1(a)(i)-(iii), 3.1 and 4.2 of these Terms of Service or arising out of any other negligent act, omission or wilful misconduct by you in connection with your use of the Site or the Services, including but not limited to the following circumstances:
- any loss, claim or damages suffered or made by any third party arising out of or in relation to any information, material or Content that you post or communicate to the Site or us whether via a social networking site or otherwise;
- Any loss, claim or damages suffered by a third party as a result of any infringement of any rights of a third party including, without limitation, Intellectual Property Rights in any information, material or Content that you upload to the Site or provide to Race Roomies;
- Any loss, claim or damages suffered by a third party as a result of any act or default committed by you and which is directly or indirectly related to any information, material or Content that you or another person upload to the Site or provide to Race Roomies or your use of the Site; or
- Any loss, claim or damages suffered or alleged by a third party as a result (direct, indirect or otherwise) of any act, omission, failure or default by you or by anyone for whom you are legally responsible (vicariously or otherwise) in any way connected with your access to the Site or your Account for or use of any of the Services.
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.
9. Third Party Sites
This Site may contain links to other web sites or resources operated by parties other than Race Roomies References to any products, services, processes, trade names, trade marks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by Race Roomies. Links to third party sites not operated by Race Roomies are provided to you for your convenience and/or reference only. You acknowledge and agree that Race Roomies does not control such sites and Race Roomies is not responsible for the content on those sites or the privacy of other practices of such sites. You further acknowledge and agree that Race Roomies shall not be responsible or liable, directly or indirectly, for any damage, loss or cost whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such sites or the contents, goods or services available on or through any such site.
10. General
10.1 Relationship
Neither these Terms of Service nor use of the Site and/or the Services create any partnership, joint venture or agency relationship between Race Roomies and users or between users. You must not enter into any agreements or incur any liabilities on behalf of Race Roomies or any other user without that party’s prior written consent and must not represent that it has any authority to do so.
10.2 Entire Agreement
These Terms of Service constitute the entire agreement and understanding between the parties with respect to its subject matter and supersede all prior or contemporaneous oral or written agreements, undertakings, or representations between the parties concerning such subject matter.
10.3 Severability
If any provision of these Terms of Service is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these Terms of Service. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these Terms of Service.
10.4 Governing law
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions or the United Nations Convention on the International Sales of Goods. The courts of Victoria, Australia shall have exclusive jurisdiction to hear any disputes arising from or relating to these Terms.
We may assign and/or transfer our rights and obligations under these Terms to any third party without prior notice. You may not assign or transfer any of your rights or obligations under these Terms, and any attempted assignment in violation of this provision shall be void.
No waiver of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last updated: December 2024