Terms & Conditions
Kiwi House Sitters is owned by Itchyfoot Pty Ltd (“KIWI HOUSE SITTERS” or “the Company”)
Australian ABN: 13 154 572 577
Postal address: Suite 2957, 24B Moorefield Rd , Johnsonville, Wellington 6037, New Zealand.
Phone (Australia): +0061 2 6622 5503 (Monday - Friday. 9am - 4pm EST)
Use of Website
You must be 18 years of age or older to obtain membership or to submit any information through this Website.
The Company authorizes you to view and access a single copy of the content available on or from www.kiwihousesitters.co.nz (individually and collectively referred to the "Website") solely for your use.
This Website may be used only for lawful purposes relating to a house-sitting information directory. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company, including but not limited to:
- The storage of information, data, or files related to pornography, gambling, alcohol, weapons, or software or other intellectual property piracy.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
- Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.
- If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
- Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
- Framing of or linking to any of the website content or information available from this Website.
- Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.
- Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this site any material that is unlawful or violates the rights of others.
- Engaging in any screen scraping or data acquisition and consolidation.
- Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Website Content or the pages making up this website.
- Infringing the intellectual property rights of others in any way.
- Making any unauthorized commercial use of this website.
- Using members' contact details for any purpose other than for the purpose of this Website.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Use of Website
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE.
You are solely responsible for the data and information that you input or upload to the Website, including but not limited to your property descriptions, biography, videos, photos and references. You represent and warrant that the information submitted by you through this Website is your own information and is complete, accurate and truthful, and you agree to hold the Company and its officers, directors, members, employees, agents, and representatives harmless from any claims arising out of your information submitted to this Website that is inaccurate or untruthful.
You grant KIWI HOUSE SITTERS the non-exclusive worldwide right to publish and distribute the content posted by you without any compensation. You retain the ownership and copyright to your postings. You may not use, duplicate, modify, distribute, or reproduce the content posted by others in any manner without their express permission. KIWI HOUSE SITTERS is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users of this service.
KIWI HOUSE SITTERS accepts no responsibility for members who include, by choice or otherwise, their surname and/or home address when describing their house sitting opportunities. If the premises you have placed on the Website are not yours, you are required to have the permission of the owner/landlord documented in writing and signed by both yourself and the owner/landlord.
You are aware and acknowledge that listing details on the KIWI HOUSE SITTERS database is public and may be seen by anyone viewing the KIWI HOUSE SITTERS Website, and that these details may be indexed by search engines.
Use of Website Information
The information contained on this Website is for informational purposes only relating to a house-sitting information directory. KIWI HOUSE SITTERS can make no guarantee or warranty that members will be employed as house sitters or that home owners will secure the services of a house sitter, and the Company offers no express or implied guarantees or warranties regarding the benefits or effectiveness of any information obtained from this Website. The Company makes no express or implied guarantees or warranties that you will find that the information obtained through this Website will be satisfactory, complete, be of benefit, will be suitable for your own personal circumstances, or that you will find compatible house sitting opportunities.
You are solely responsible for deciding whether any of our information, is suitable for your purposes. Visitors to the Website and those who use this information provided through this Website do so at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by users of the Website.
The Company has no liability or responsibility to users for performance or non-performance of any activities in which visitors to this Website engage through the information provided by the Company or engage with third parties with whom they come in contact through this Website.
Nothing contained on this Website is intended to provide advice, nor is it a substitute or replacement for advice. You are advised to consult with real estate or other professionals with regard to any action you might undertake regarding the use of information on this Website. Further, The Company is not liable for any damages sustained upon your reliance on the information received through this Website.
The Company is not responsible if information made available on this site is not accurate, reliable, complete, timely, or current, and the Company does not assume any responsibility for errors, inaccuracies, typographical errors or omissions. For all visitors to the Website, the content on the Website represents the information as at the date of publication. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. It is solely up to the member to check and confirm that details are recorded correctly.
Any reliance upon the information found on this site will be at your own risk. The Company reserves the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.
The Website is only an information database with an in-built messaging system. KIWI HOUSE SITTERS accepts no responsibility for any agreements or contracts entered into by and between members, and is not otherwise involved in the actual transaction between users of this Website and/or any third party.
KIWI HOUSE SITTERS cannot verify or validate any references, written or otherwise, and accepts no responsibility of any kind concerning the credentials or information claimed by our members. As a result, KIWI HOUSE SITTERS has no control over the quality, safety or legality of information obtained from the users or this Website and/or from third parties or the truth or accuracy of any such information. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with third parties with whom you come in contact through the Website and/or from information obtained through this Website.
KIWI HOUSE SITTERS cannot and does not confirm that each user is who they claim to be. Because KIWI HOUSE SITTERS does not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Website, in the event that you have a dispute with one or more users, you release KIWI HOUSE SITTERS, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You will indemnify and hold harmless the Company, its employees, agents, representatives, affiliates, and subsidiaries from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your violation of these warranties and representations.
All members' contact details are for the strict use of house sitting correspondence only.
Membership Fees - Refund and Returns Policy
KIWI HOUSE SITTERS membership fee is non-refundable once payment has been processed. In no circumstances will house sitters be entitled to any refund of payments for chargeable services or features. We do not make any representation or guarantee that a house sitter will engage house sitting assignments via the site. House sitters are also not entitled to a refund of any "unused" portion of their subscription if they wish to cancel their subscription for any reason.
We appreciate hearing from our customers and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of KIWI HOUSE SITTERS. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. KIWI HOUSE SITTERS shall own exclusively all now known or later discovered rights to the submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your membership information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. Your membership may not be transferred or assigned.
Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
“KIWI HOUSE SITTERS ”, and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Website are the property of their respective owners, and may not be used by you in any form.
This site (including without limitation all programs, compiled binaries, interface layout, interface text, documentation and graphics) is the property of KIWI HOUSE SITTERS and is protected by copyright, trademark, and other laws of New Zealand and other countries. The Company reserves any rights not expressly granted to you.
You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited.
KIWI HOUSE SITTERS does not warrant that this website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms. If your use of this website results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The website is provided on an "as is" basis without any warranties of any kind. KIWI HOUSE SITTERS, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the website content, services, software, text, graphics, and links.
KIWI HOUSE SITTERS takes no responsibility whatsoever for the contents of the information you have uploaded to the website, and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of files and data, or failure to store any files or data. Nor is the company responsible for loss of files or data through the action of any third party or because of circumstances beyond the company’s control. All customers are expected to have their own backup of all of the files and data transferred to the site.
Limitation of liability
To the fullest extent permissible under applicable law, you understand and agree that neither KIWI HOUSE SITTERS or any of its subsidiaries or third party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.
This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
KIWI HOUSE SITTERS's maximum liability arising out of or in connection with this website or your use of the website, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.
Disclaimer of consequential damages
In no event shall KIWI HOUSE SITTERS, its directors, officers, members, employees, agents, representatives, suppliers, or any third parties mentioned on this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
If you cause a technical disruption of the site or the systems transmitting the site to you or others you agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees) arising from that disruption.
You agree to defend, indemnify, and hold harmless KIWI HOUSE SITTERS, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the KIWI HOUSE SITTERS website; (ii) any material you provide to the KIWI HOUSE SITTERS website, (iii) any website content that you use or (iii) your breach of the terms of these terms and conditions, privacy statement, representations and warranties. KIWI HOUSE SITTERS shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Breach of Agreement
Termination and Suspension
KIWI HOUSE SITTERS reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If KIWI HOUSE SITTERS decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (b) any Sitter Listing or Owner Listing (as relevant) will be immediately terminated; (c) Aussie House Sitters may refund the Sitter in full, regardless of any policy; and (d) the User will not be entitled to any compensation as a result of a suspension, deactivation or termination of their Account.
Additional Terms and Conditions
KIWI HOUSE SITTERS makes no claims that the website content may be lawfully viewed or accessed in any specific jurisdiction. Access to the website content may not be legal by certain persons or in certain countries. If you access the website you are responsible for compliance with the laws of your jurisdiction.