Terms & Conditions
Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use. Your use of this Website or of any content presented in any and all areas of the Website indicates your acknowledgment and agreement to these Terms of Use. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website.
WOLKENSTEIN PTY LTD, t/a Caravan and Creative Caravan and/or this website shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.
Use of Website
The Company authorizes you to view and access a single copy of the content available on or from www.creativecaravan.net (individually and collectively referred to the "Website") solely for your use.
Your Conduct
This Website may be used only for lawful purposes relating to information concerning house swapping and subletting. 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 Company reserves the right to restrict or terminate your access to the site or any feature or part thereof at any time without notice.
User Information
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. 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 WOLKENSTEIN PTY LTD the non-exclusive worldwide right to publish and distribute the content posted by you without any compensation. You also grant WOLKENSTEIN PTY LTD the right to publish property images uploaded by you for the purposes of publicising Creative Caravan. 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. WOLKENSTEIN PTY LTD is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users of this service.
Use of Website Information
The information contained on this Website is for informational purposes only, 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, that you will find compatible home exchange partners, or that a sublet or swap will result. 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 real estate or real estate rental advice, nor is it a substitute or replacement for any such 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 that 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. WOLKENSTEIN PTY LTD 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.
WOLKENSTEIN PTY LTD 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, WOLKENSTEIN PTY LTD 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.
WOLKENSTEIN PTY LTD cannot and does not confirm that each user is who they claim to be. Because WOLKENSTEIN PTY LTD does not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website, in the event that you have a dispute with one or more users, you release WOLKENSTEIN PTY LTD, 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 legal fees, arising out of your violation of these warranties and representations.
You are aware and acknowledge that listing details on the Caravan database is public and may be seen by anyone viewing the Caravan website, and that these details may be indexed by search engines.
Membership
In its sole discretion WOLKENSTEIN PTY LTD reserves the right to refuse service to anyone at any time, and to delete any postings that violate these terms of use, this website’s general terms of use and its privacy statement.
In addition to the other prohibitions, prohibited forum content, includes but is not limited to pornography and obscenity, content that infringes on a third party’s intellectual property rights or rights of privacy or publicity, content that is defamatory, content that is used to impersonate a third party, and content that is violent or hateful against third parties.
The contents of a specific posting is provided by the person posting such content, and AUSSIE HOUSE SWAP takes no responsibility for any content contained therein, and undertakes no responsibility to monitor the content of any of the postings. Your use this service at your own risk, and with the understanding that postings may contain content that is offensive or deceptive. WOLKENSTEIN PTY LTD does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any posting or endorse any information or opinions expressed in any posting.Caution and appropriate consideration is necessary when using this service.
WOLKENSTEIN PTY LTD disclaims all responsibility and liability for the availability, timeliness, security or reliability of this service or the failure to store or transmit any content, and reserves the right to modify, suspend or discontinue this service with or without notice at any time and without any liability to you.
You represent and warrant that you have the rights to post information on this service, and that the information contained in any posting does not violate these Terms of Use, and this site’s privacy statement, or the rights of any third party. You agree to hold harmless and indemnify WOLKENSTEIN PTY LTD, and its subsidiaries, affiliates, officers, directors, agents, and employees from and against any third-party claim arising from or in any way related to your use of this service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees.
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.
Identification of Agent to Receive Notification and Elements of 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 with the following information and we will forward this to our designated copyright agent:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. 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;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. 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
6. 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.
Disclaimers
WOLKENSTEIN PTY LTD reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or Privacy Statement, or if the Company is unable to verify or authenticate any information you submit to the Website.
Termination and Suspension
WOLKENSTEIN PTY LTD reserves the right to remove any listing at any time, with or without warning or notice and without refund should information or action from any member be deemed by WOLKENSTEIN PTY LTD to be misleading, inappropriate or dishonest, if a member has breached the Terms of Use, or if the Company is unable to verify or authenticate any information you submit to the Website.
Additional Terms and Conditions
WOLKENSTEIN PTY LTD 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.
These Terms of Use, the website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and AUSSIE HOUSE SWAP with respect to the use of website. No changes to these Terms of Use shall be made except by a revised posting on this page.
Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, WOLKENSTEIN PTY LTD does not provide or make any undertaking as to the quality or nature of the information obtained on the Website or of any of the products or services purchased through WOLKENSTEIN PTY LTD Website, or any other representation, warranty or guaranty.
These Terms of Use shall be governed by and construed in accordance with the laws of Australia applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in Australia in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
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