In these Terms, 'us', 'we', 'our', “HYG” and “Have You Got” means The Have You Got Network Pty Ltd and our related bodies corporate.
1.1 We provide access to the Have You Got Network (Network) via the Have You Got Website (the Website). The Network consists of Agents and Owners of holiday rental properties (Agents). Users who wish to book accommodation directly may also access the Network, and these users are referred to as Guests in these Terms. Agents and Guests are collectively referred to as Users.
1.2 Accessing or using certain functionality of the Website may be subject to additional terms or policies, which are incorporated into these Terms by reference. If there is a conflict between these Terms and any specific terms or policies, the specific terms or policies will prevail.
2.1 Users must be registered members to access certain features of our Website, including to list properties for rental and to make offers to book properties.
2.2 Users that intend to offer properties for rental via the Network must create an Agent account. Users that intend to use the Network to find accommodation must create a Guest account.
2.4 When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
2.5 To create an account, you must be:
3.1 Agents may add available properties to the Website via the Agent Dashboard.
3.2 When adding a property to an Agent’s account on the Website the Agent must:
3.3 Agents warrant to HYG that they are the valid representing agent of each property they add to the Network and indemnify HYG in respect of any loss, damage or claim suffered by HYG as a result of a breach of this warranty.
3.4 At a minimum, each property listed on the Network must provide all linen, shower gel/soap, hand wash/soap, toilet paper, and kitchen cleaning products (dish washing liquid, scourer, sponge, and spray cleaner) sufficient for the duration of the Guest’s entire stay.
3.5 Agents must not offer properties via the Network at a rate higher than the rate that is offered on the Agent’s website or any other means viewable by the public.
4.1 An Agent who is unable to accommodate a Guest may arrange for an Alert to be sent to the Network by:
4.2 A Guest may send an Alert directly to the Network by logging into the Website and completing the Alert Form link on the Guest Dashboard.
4.3 An Alert (whether completed by the Agent or Guest) must include as a minimum:
4.4 Where an Alert is sent by or as the result of an Agent interaction under 4.1 above the Agent that completes an Alert or refers the Guest to complete an Alert is the Source Agent for that Alert for the purposes of these Terms. Where a Guest sends an Alert directly under 4.2 above Have You Got is the Source Agent for that Alert for the purposes of these Terms and will be entitled to the payment of any relevant Commission. Each Source Agent warrants to HYG that it has the consent of the Guest to disclose the Guest’s personal information to HYG for the purposes of the provision of the Alert and associated correspondence.
5.1 Each Alert is sent to all Agents in the Network who have listed properties in the geographical area where the Guest wishes to stay and that otherwise conform with the requirements set out in the Alert Form.
5.2 An Agent may respond to an Alert by making a Quote. An Agent that responds to an Alert is a Responding Agent for the purposes of these Terms.
5.3 A Quote must consist of:
5.4 Upon completion of the Quote the Quote will be sent to the relevant Guest via email (a Quote Email).
5.5 Subject to 3.5 above, Agents are solely responsible for determining the price offered to guests for a stay and the Agent’s Terms for booking the relevant accommodation.
5.6 It is the responsibility of the Responding Agent to ensure that the Agent’s Terms are lawful in the Responding Agent’s jurisdiction and the Responding Agent indemnifies HYG from and against any loss, claim or damage suffered by HYG as a result of any broach of this provision.
6.1 Guests must click on the link to the HYG website set out in the Quote Email to access the Quote.
6.2 Guests acknowledge that properties offered in a Quote are not reserved for the Guest and may not be available for booking at the time the Guest accesses the Quote. Quotes are not offers of accommodation.
6.3 Guests may make an offer to book the property by clicking on the “I’d Like To Book This” button on the Website. In the event the property is still available the Agent may accept the Guest’s offer in its discretion.
6.4 An Agent may accept an offer to book a property under Clause 6.3 above by clicking the “Accept Booking” button on the notification page on the Website. An Agent that accepts the Guest’s offer is a Successful Agent for the purposes of these Terms. Upon acceptance of the offer by the Successful Agent the Website will send an automated email:
6.5 Guests and Agents acknowledge that a legally binding agreement to book the property is only made upon completion of the Agent’s standard booking procedure (a Booking Agreement) and that Have You Got is not a party to the Booking Agreement. The Have You Got Website merely facilitates the introduction of the Guest and Agent, and nothing on the Website binds either party to complete the booking. Have You Got will not be liable to any Agent or Guest in respect of any offers of properties, offers of bookings, or Booking Agreements made in connection with the Website.
6.6 Agents agree that they will not materially alter the terms of any offer of a property from those set out in the Booking Notice and that where a Booking Agreement is made it will be on terms identical or substantially similar to the Agent’s Terms notified in the Quote.
7.1 Commissions as set out in the Booking Notice are payable in full by the Successful Agent to the Source Agent on the first day of the Guest’s stay under the relevant Booking Agreement. In the absence of a written Booking Agreement the Commission is payable on the first day of the Guest’s stay at the relevant property set out in the Booking Notice.
7.2 Commission payments are calculated in accordance with the information set out on the Commissions page and are notified in the Booking Notice.
7.3 Commissions must be paid via the PayPal or bank transfer details set out in the Booking Notice.
7.4 Unless Have You Got is the Source Agent in respect of an Alert that let to a Booking Agreement, Have You Got is not party to any agreement between the Source Agent and Successful Agent for the payment of the Commission and the Source Agent and Successful Agent each release Have You Got from any and all liability in connection with the same. Source Agents will look directly to the Successful Agent for payment of all Commissions.
7.5 Each Agent expressly agrees to be bound by these Terms as against each other Agent.
7.6 HYG reserves the right to charge Agents a monthly fee for use of the Website at any time.
8.1 In the event that the details of a Booking Agreement between a Successful Agent and Guest change from those set out in the Booking Notice the Successful Agent must notify the Source Agent as soon as is reasonably practicable, and provide to the Source Agent such information as the Source Agent reasonably requires to prove that the Booking Agreement has been changed. The Successful Agent must amend the booking via the HYG website to update the Booking Notice.
8.2 In the event that a Booking Agreement is cancelled the Successful Agent must notify the Source Agent as soon as is reasonably practicable, and provide to the Source Agent such information as the Source Agent reasonably requires to prove that the Booking Agreement has been cancelled. The Successful Agent must cancel the booking via the HYG website to cancel the Booking Notice.
9.1 All Users of the Network are subject to the Code of Conduct.
9.2 Failure to comply with the Code of Conduct may result in the User’s removal from the Network, in HYG’s discretion.
10.1 Any User that does not comply with these Terms of Service or otherwise acts in bad faith in respect of Have You Got, or in respect of any other User, may have that User’s account and access to HYG terminated immediately in HYG’s absolute discretion.
10.2 Examples of behaviour that may lead to termination of an account include, but are not limited to:
10.3 A User may close their account at any time provided that all amounts payable to other parties in respect of bookings sourced via the Website have been paid. An account may be closed by following the prompts in the “Your Account” section. Users are not entitled to any refunds of fees or commissions already paid as of the date of termination of the account.
11.1 To the fullest extent possible at law, HYG is not liable to any User in respect of damage to any property or personal injury connected with any Booking Agreement or otherwise suffered in connection with the Website or the Network. HYG does not warrant the suitability of Guests for any accommodation and each Agent must include appropriate risk and liability provisions in its Guest Agreement. It is the obligation of Agents to ensure that owners have appropriate insurance in respect of Properties offered via the Network.
12.1 Elements of the Website, such as the property display functionality, may allow you to upload, post, send, receive, and store content, including text, photographs, and other materials or information on or through the Website (User Content).
12.2 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Website, Users grant HYG a non-exclusive, worldwide, royalty free, irrevocable, perpetual, sublicensable, and transferable right to use, store, copy, modify, create derivative works from, distribute, publish transmit, stream, broadcast, and otherwise exploit the User Content in any manner in connection with the provision of the Website, Have You Got’s services, and/or the promotion of the Network.
12.3 Users warrant that:
12.4 Users will not post, upload, transmit or publish via the Website any User Content that:
13.1 Prohibited Material includes, but is not limited to material that:
13.2 Prohibited Activities include, but are not limited to:
13.3 HYG may take action (including legal action) against any person who, in its determination, engages in any Prohibited Activity or who posts or transmits Prohibited Material on or through the Website. We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.
14.2 HYG may disclose that information to third parties that help HYG deliver its services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If a User does not provide this information, HYG may not be able to provide all of its services to the User. HYG may also disclose your personal information to recipients that are located outside of Australia, including to Successful Agents located in any country where you book accommodation using information provided on the Network.
14.5 If you provide HYG with the personal information of a third party you warrant that you have the consent of the third party to the disclosure of that personal information to HYG.
15.1 The information on the Website is not comprehensive and is intended to provide a summary of the subject matter covered. While HYG uses all reasonable attempts to ensure the accuracy and completeness of the information on the Website, to the extent permitted by law, including the Australian Consumer Law, HYG makes no warranty regarding the information on the Website. Users should monitor any changes to the information contained on the Website.
15.2 HYG is not liable to any User or to anyone else if interference with or damage to a User’s computer systems occurs in connection with the use of this Website or a linked website. Users must take their own precautions to ensure that whatever the User selects for its use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
15.3 HYG may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
16.1 The Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, HYG does not endorse and is not responsible for the content on those linked Websites and has no control over or rights in those linked Websites.
17.1 Unless otherwise indicated, HYG owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on the Website (Content).
17.2 Use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to Users in relation to the Website or the Content. However HYG does grant each User a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by HYG and/or our third party licensors.
17.3 Any reproduction or redistribution of the Website or the Content is prohibited and may result in civil and criminal penalties. In addition, Users must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
17.4 All other use, copying or reproduction of the Website, the Content or any part of it is prohibited, except to the extent permitted by law.
18.1 To the maximum extent permitted by law, including the Australian Consumer Law, HYG makes no warranties or representations about the Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
18.2 HYG reserves the right to restrict, suspend or terminate without notice any User’s access to the Website, any Content, or any feature of this Website at any time without notice and HYG will not be responsible for any loss, cost, damage or liability that may arise as a result.
19.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall HYG be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to a User’s use of the Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
19.2 Each User releases HYG to the fullest extent possible at law in respect of any and all liability that may be incurred by a User in connection with the use of the Website, including in respect of any Booking Agreement made as the result of the use of the Website by a User.
19.3 To the extent that HYG is liable to a User in respect of any matter arising under or in connection with this Website the total liability of HYG to a User will be:
(a) where the User is an Agent, the total amount of Membership Fees paid by the Agent to HYG in the twelve months prior to the relevant liability arising, or where no Membership Fees have been paid, AUD$500; or
(b) where the User is a Guest, the total amount paid under the Guest’s last Booking Agreement sourced via the Website, or where no such Booking Agreement has been sourced, AUD$500.
20.1 Each User acknowledges that HYG is not party to any Booking Agreement. Accordingly, all disputes in respect of Booking Agreements must be resolved in accordance with the terms of Booking Agreement. Each User releases HYG from any liability in connection with a Booking Agreement to the fullest extent possible at law.
20.2 If a dispute arises between a User and HYG you should contact HYG to seek a resolution. If your dispute is not resolved following discussions with HYG representatives, all legal notices and formal notices of dispute should be sent to: The Have You Got Network Pty Ltd, 39 Waverley Crescent, Bondi Junction, NSW, 2022, Australia. HYG will consider reasonable requests to resolve the dispute through alternative resolution procedures such as mediation, as an alternative to litigation.
21.1 Your use of the website and these Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
22.1 HYG reserves the right to amend these Terms at any time. If HYG amends these Terms HYG will post the amended Terms on the Website. If you do not agree to the amended Terms you may terminate this agreement with immediate effect by closing your account in accordance with10.3 above. If you do not close your account and continue to access and use the Website you will be bound by the amended Terms.Version 1.0
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