Terms And Conditions

The website at www.madecomfy.com.au (Website) is owned and operated by Key Flickers Pty. Ltd. ACN 605 287 509 of 2A River Street, Birchgrove, New South Wales, 2041 T/A “MadeComfy”. The terms “MadeComfy”, “we”, “us” or “our” refer to Key Flickers Pty. Ltd.

We provide value-added Services to Hosts and Guests who have arranged the short term use of residential and other property. Our Services are principally provided through third party booking agents and hosting platforms (such as Airbnb, FlipKey, Stayz etc.) on behalf of the Host although we do provide specific services to Guests independently. Our Services include providing marketing and rental management of properties on behalf of owners or authorised tenants of properties. In doing so we are able to provide concierge services and advice to guests or travellers staying with Guests at these properties, which may include introducing a Guest to a third party vendor of products or services.

“you” or “your” refers to any user of our Website or our Services and includes where the context permits a Host or Guest.

These terms and conditions together with our Privacy Policy set out at www.madecomfy.com.au/privacy-policy (together our Terms of Use) sets out the terms upon which Key Flickers Pty. Ltd. ACN 605 287 509 of 2A River Street, Birchgrove, New South Wales, 2041 T/A “MadeComfy” (“we” or “us”) applies to your use of the Website or any of the Services accessible to you either through us directly or by a third party.

Please read these Terms of Use carefully before accessing or using the Website or our Services.

Should you continue to use this Website or accept our Services, you are agreeing to comply with and be bound by our Terms of Use. Should you not agree with any of these terms and conditions, please do not use our Website or our Services. We may immediately terminate these Terms of Use or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

1. Key Terms

Admin Portal means a web portal provided by MadeComfy that allows a Host to manage its Property listing.
Authorized Tenant means a non-owner Host that has the authority to rent a Property.
Data includes all information or data submitted by you or on your behalf via the Admin Portal, the Website, the Software or otherwise.
Guest means a guest who enters into an agreement to rent Property from a Host principally through a Hosting Platform and includes invitees of that Guest while at the Property.
Guest Services concierge services and advice to guests or travellers staying with guests at these properties, which may include introducing a Guest to a third party provider.
Host means an owner or Authorized Tenant of a Property and who is using the Host Services in connection with the listing and rental of a Property principally through a Third Party Platform.
Host Services means marketing and rental management of Property’s on behalf of Hosts.
Hosting Platform means either a third party booking agent or hosting platform (including the Software and Hosting Platform provided by MadeComfy or its related bodies corporate), where Guests can view advertising and information about Property’s, and connect to Hosts who have Property’s with a view to entering into Rental Agreements.
Products means goods or services offered for sale by a Third Party Vendor or MadeComfy.
Property means a residential or other property that is rented or offered for rent by a Host to a Guest and includes any furniture, furnishings or amenities provided within the Property.
Rental Agreement means an agreement between the Host and the Guest for the letting of Property.
Services means the Guest Services, the Host Services and may include the use of the Software, as the case may be.
Software means any mobile applications, administrative codes, application programming Interfaces (API’s), plug-ins or other software MadeComfy makes available to you, and includes any interfaces, applications and Admin Portals made available in connection with the use of any specific software programs.
Third Party Vendor means an independent supplier goods and or services which is recommended or referred by us.
User is an individual who access the Website or is authorised by to use or access the Software. Users can be but are not limited to your employees, contractors, agents and any third party you invite to use the Software.

2. Interpretation

In some instances, supplemental, special terms and conditions may apply to the Services or an activity (Special Conditions). Such Special Conditions will be disclosed to you in connection with the applicable Services and are in addition to, and shall be deemed a part of, the Terms of Use for the purposes of the applicable Services. Save to the extent expressly stated otherwise in these Terms of Use, if there is a conflict between these Terms of Use and the applicable Special Conditions, the following order of precedence will apply when resolving that conflict:

2.1 For Host Services provided by MadeComfy to the Host:

(a) The relevant Special Conditions contained in the Host Services Agreement entered into between the Host and MadeComfy; and

(b) These Terms of Use

2.2 For Guest Services provided by MadeComfy to the Guest:

(a) The relevant Special Conditions in the Guest Services Agreement entered into between the Host and MadeComfy (if any); and

(b) These Terms of Use.

2.3 For the provision of Property by a Host to a Guest:

(a) MadeComfy merely provides Host Services to the Host to enable the Guest and the Host to enter into a Rental Agreement. MadeComfy is not party to the Rental Agreement and these Terms of Use apply to the extent we are considered to be an Agent acting on behalf of the Host;

(b) The relevant Special Conditions contained in the Rental Agreement entered into between the Host and the Guest directly (if any); and

(c) The relevant Special Conditions applied by the relevant Hosting Platform for Property’s booked on that platform (if any).

2.4 For Products provided by a Third Party Vendor introduced by MadeComfy:

(a) MadeComfy merely recommends a list of available Third Party Vendors to the Guest and is not party to any agreement for the supply of Products. These Terms of Use apply to exclude our liability arising from the supply of these Products; and

(b) The relevant Special Conditions entered into between the Third Party Provider and the Guest directly (if any).

2.5 For Products sold by MadeComfy: These Terms of Use will apply.

2.6 For Use of the Software: These Terms of Use will apply.

If you accept these Terms of Use, you represent that you have the capacity and authority to be bound by them. If you accept or agree to these Terms of Use on behalf of each User authorised by you, a company or other legal entity, you represent and warrant that you have the authority to bind that User, company, the Use or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We may amend the Terms of Use related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this location or the amended policies or Special Conditions on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Use, as amended.

3. How our Services Work

3.1 Unless otherwise agreed by us in a separate written agreement with you:

(a) the Services are made available solely for your personal, non-commercial use; and

(b) MadeComfy's responsibilities are limited to assisting Hosts with optimizing the listing and booking of Property’s and providing Guest Services.

3.2 Host Services: MadeComfy provides Host Services to Hosts that enter into a Host Services Agreement with us. This Host Services Agreement governs how MadeComfy assists Hosts with preparing and properly marketing their Property’s, which may include:

(a) suggesting an optimal price for the listing of a Property;

(b) Helping Hosts by interacting with potential Guests to answer questions and arrange a stay;

(c) Managing Check-in’s, Check-out’s and property inspections

(d) Arranging professional vendors to provide management services before, during and after the Guests stay, including scheduling professional cleanings, property maintenance and handling unexpected events such as lockouts;

(e) Providing a centralized dashboard via the Website or Software to allow Hosts to set preferences, listing terms and to monitor and manage their listings;

(f) Assisting Hosts with marketing their listings by publishing listings on multiple Hosting Platforms.

In addition to these Terms of Use, Hosts are subject to the Special Conditions contained in a Host Services Agreement which sets out the specific details of the Host Services.

3.3 Use of Software: MadeComfy grants you the right to access and use it’s the Software. This right is non-exclusive, non-transferable, and limited by and subject to these Terms of Use. You acknowledge and agree that, subject to any applicable written agreement between you and MadeComfy, or any other applicable laws:

(a) you are responsible for all appointed Users’ use of the Software;

(b) MadeComfy may suspend or terminate your use of the Software at any time including but not limited to any non-payment of any fees due to MadeComfy; and

(c) You must only use the Software and Website for your own lawful purpose, in accordance with these Terms of Use and any notice sent by MadeComfy or condition posted on the Website. You may use the Software and Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all the Terms of Use that apply to you.

As a condition to you using the Software:

(d) You must:

  1. not attempt to undermine the security or integrity of MadeComfy’s computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and networks;
  2. not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or other systems used to deliver the Software or impair the ability of any other user to use the Software or Website;
  3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Software is hosted;
  4. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
  5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Software or to operate the Website except as is strictly necessary to use either of them for normal operation.

(e) At any time and in its sole discretion MadeComfy reserves the right to discontinue, update, revise, remove or otherwise change Software features and functionality, and the right to revise, update and modify the Terms of Use. Such modifications to this document will be effective immediately or at such future date as may be specified by MadeComfy. Your continued use of the Software and or the Services thereafter will be deemed acceptance of such changes to the Terms of Use and/or the Software.

(f) You and each of your invited Users must, and must ensure that they, comply with any rules, regulations, guidelines or similar documentation posted or otherwise made available by MadeComfy in respect of the Software.

(g) The provision of, access to, and use of, the Software is on an "as is" basis and at your own risk.

3.4 Guest Services: MadeComfy may provide Services to Guests that have responded to a Host's posting on a Hosting Platform. MadeComfy may assist Guests or potential guests with questions regarding a listing or booking for Property, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. MadeComfy may also offer and arrange value-added Products for Guests, such as concierge and ticketing services, from MadeComfy or Third Party Providers. In addition to these Terms of Use, and for Guest Services, Guests are subject to the Special Conditions contained within a Guest Services Agreement.

3.5 For Products provided by Third Party Vendors, that Third Party Vendors special conditions will apply to the Products supplied. Your use of any information or materials pertaining to Products is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any Products, made available through Third Party Vendors meet your specific requirements and that you have entered in to appropriate terms of supply with those Third Party Vendors. In some instances MadeComfy will receive a commission or other benefit for referring a Guest to a Third party Vendor.

3.6 In agreeing to these Terms of Use and as a condition to using our Services, you understand and agree that:

(a) MadeComfy does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials for any particular purpose which is found or offered on or through a Hosting Platform, by the Host or by a Third Party Vendor. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability whether under contract or negligence for such to the fullest extent permissible by law.

(b) MadeComfy is not a real estate broker, nor is it an owner or provider of property, transportation, travel services or other Products provided by Third Party Vendors;

(c) Short-term holiday accommodation is not covered by the Residential Tenancies Act 2010 (NSW);

(d) While MadeComfy is a licensed agent under the Property, Stock and Business Agents Act 2002 (NSW), this license applies to limited Services we provide on select occasions to our Hosts only. MadeComfy is not a party to any Rental Agreement between a Host and a Guest;

(e) MadeComfy does not and cannot control the content contained in any listing or the condition, legality or suitability of any Property’s;

(f) MadeComfy does not control and is not responsible for the compliance with any laws by the Guest, the Host, a Third Party Vendor or any Hosting Platform;

(g) While we make every effort to conduct background and identity checks of our Hosts and Guests, MadeComfy is not responsible for any errors or misidentification of the identity, or for the behaviour, of Hosts or Guests or for establishing the nature, condition or suitability of a Property;

(h) To the extent a Host requests a security or damage deposit from a Guest, this is paid directly to and or held in escrow solely for the benefit of the Host. These monies are not held in trust by MadeComfy and it is up to the Host to provide you with a receipt. MadeComfy does not become involved in the payment or return of damage deposits, you should be aware that return of these amounts is based on the Host's terms and conditions and is at their sole discretion. In most cases security deposits are only refunded in full once the Guest has vacated the Property free of damage and in accordance with the Rental Agreement;

(i) Your use of any information or materials on this Website our Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, Services or information available through us or this Website meet your specific requirements;

(j) This Website or in the provision of Service we may, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites; and

(k) As more specifically set out in the Section 9.2 (Limitations of Liability), MadeComfy is not responsible for and disclaims any and all liability related to any and all listings and Property’s to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk.

4. Commissions and Payments

4.1 Host Services: We receive payment for Host Services from the Host as set out in the Host Services Agreements.

4.2 Guest Services

(a) The base level of the Guest Services we provide as agent for an on behalf the Host are set in the Rental Agreement, which are paid for by the Host.

(b) To the extent a Guest requires additional Guest Services (beyond those set out in the Rental Agreement), these will be subject a separate Guest Services Agreement between the Guest and us, for which we will receive payment directly from the Guest.

(c) To the extent we refer the Guest to a Third Party Vendor for the purchase of Products supplied by that Vendor, it is the Guests responsibility to enter into a separate agreement with that vendor for the provision and payment of those Products. In some instances, MadeComfy receives a commission from a Third Party Vendor for referred Products.

4.3 Damage Repairs and Cleaning:

(a) Each Guest shall be responsible for the cost of repair for damage to, or necessary cleaning of the Property in accordance with the Rental Agreement. In the absence of any terms in the Rental Agreement, the Guest Responsibilities set out in Section 5 shall apply.

(b) In the event of damage of any additional amenities provided by us as part of the Guest Services, the Guest Responsibilities will apply.

(c) We reserve the right to facilitate payment for the reasonable cost of such repair, replacement or cleaning whether for our own account, on behalf of the Host or Third Party Vendor, using your payment method designated in your Guest Services Agreement, Rental Agreement or your agreement with the Vendor. Your credit card details will be held as security and such amounts for repair, replacement or cleaning will be deducted with a charge in accordance with the damages and a receipt will be forwarded to your nominated email address. Such amounts will be transferred by us to the applicable person and are non-refundable.

4.4 Cancellations:

(a) When cancelling any Guest Services, you may be liable for a cancellation charge to the extent the cancelled service cannot be rebooked by us or we incur any expenses as a result of the cancellation. We reserve the right to charge an administration fee of $25 payable to us.

(b) Terms and conditions for booking changes, cancellations and refunds and refundable damage deposits are specific to each Host and/or each Property that they list. These terms are set out in the Rental Agreement and must be read and agreed to before making your booking), or otherwise will be provided to you by the Host.

5. Guest Responsibilities

5.1 The obligations of the Guest are not exclusively set out below and it is incumbent upon the Guest to review the entire Terms of Use and any Special conditions.

5.2 The Property is let for holiday accommodation purposes only and are not to be used for any other purpose including but not limited to commercial purposes, receptions or parties.

5.3 The Guest shall not use the Property, or cause or permit the Property to be used:

(a) For any illegal purpose;

(b) To smoke or allow smoking to occur within the property;

(c) In a manner so as to cause a nuisance, including excessive noise, or interfere with the use or enjoyment of the property for other occupiers or neighbouring properties. Unruly, loud or offensive behaviour will not be tolerated. If complaints are received this may result in termination of the booking and loss of unused balance of Property;

(d) By more than the registered number of Guests permitted to occupy the Property. If the Property is reported to be overloaded, the booking will be terminated and Guests will be asked to vacate, with no refund made;

(e) To erect tents or caravans;

(f) To bring any pets within the property (unless otherwise agreed in the Rental Agreement).

5.4 It is the Guests responsibility to maintain the cleanliness of the Property. Departing Guests must leave the Property clean and tidy. This includes washing, drying and putting away all dishes, emptying the dishwasher, emptying and cleaning of the refrigerator, oven/griller and microwave, cleaning of the barbecue, leaving the beds neatly folded back, turning off all the lights and cooling/heating appliances. If the dishes are not washed, dried and put away, the dishwasher not emptied and/or the barbecue has not been cleaned an automatic security deposit deduction applies of $75 per job to be completed.

5.5 All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage due to neglect in this area.

5.6 To accept full responsibility for any breakages, loss or damage caused to the Property directly or indirectly caused by the Guest, or by another occupant or any other person invited on or in the property by the Guest during the stay and agrees to authorise MadeComfy to pay for any such breakages, loss, damage and all forms of cleaning (including but not limited to rubbish removal) of the Property by deduction of the applicable amount from the security deposit or using your credit card detail. Where the deduction is not sufficient to cover the cost of the payment required the guest agrees to pay the balance of the payment within seven days of being notified in writing of the payment required by us.

5.7 The property is furnished to the Host’s taste and style and we accept no responsibility for any unmet expectations of the Guest in respect of any design, quality or other aspect of the Property.

5.8 Guest will be advised of Council rubbish bin collection for waste.

5.9 The Guest agrees to let, use and occupy the Property and its contents at his or her own risk and hereby releases, to the maximum extent permitted by law, the Host and us from any injury, liability, debt, loss, cost, delay, expense however arising in the connection with the letting, use and occupancy of the Property including by breach of contract, duty or statue.

5.10 Guest Responsibilities are essential terms of these Terms of Use. If the guest commits, causes of otherwise permits a breach of these terms during the stay, we are authorised (on behalf of the Host) to immediately terminate the Rental Agreement.

5.11 MadeComfy reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If either the Host or MadeComfy has a reasonable belief that there is imminent danger to any person or property, either the Host or MadeComfy may enter the Property without advance notice.

6. Host Responsibilities

6.1 The obligations of the Host are not exclusively set out below and it is incumbent upon the Host to:

(a) To investigate and understand what obligations it may have whether under statute, regulation, council by-laws, agreements with other service providers or Hosting Platforms or arising from the use of the Property;

(b) To keep track of any communications between it and any third party (such as the Guest or Hosting Platform), which may result in contractual obligations; and

(c) To constantly review the entire Terms of Use and any Special conditions which may apply to it.

6.2 The Host agrees to:

(a) Submit up to date and accurate data about their personal information, payment details, communications and terms agreed with a Guest together with such other data relevant to the performance of the Services;

(b) To keep the calendar for each listing accurate and up to date;

(c) Abide by the terms of any Special Conditions;

(d) To use its best endeavours to abide by the Holiday and Short Term Rental Code of Conduct (https://www.reinsw.com.au/imis15_Prod/Web/Deactivated_content/Holiday_Rental_Code_of_Conduct.aspx);

(e) To include a breakdown of the price of the Property, taxes that may be applicable and amount, so that the Guest has access to such information clearly and simply;

(f) Let the Property and its contents for use and occupation at his or her own risk and hereby releases MadeComfy, to the maximum extent permitted by law and us from any injury, liability, debt, loss, cost, delay, expense however arising in the connection with the letting, use and occupancy of the Property including by breach of contract, duty or statue;

(g) To promptly respond to queries from us or the Guest in relation to the Property and to provide up to date instructions and or manuals on the operation of any amenities at the Property;

(h) To ensure basic utilities and services (such as water, waste, gas, electricity, communications and or internet (if offered)) are available to the Property at all times;

(i) For the duration of the Host Services Agreement, letting of any Property and a rollover period of one (1) year, the Host must effect and maintain, at its own cost and expense and at no cost to MadeComfy, with a reputable insurer suitable short term holiday rental comprehensive cover for:

  1. Product liability and public liability insurance in relation to legal liability for loss of, loss of use of, damage to or destruction of real or personal property, death or bodily injury, and disease and sickness.
  2. Contents (including game consoles, linen and crockery) of the Property, for damage caused by Guests, whether that damage is accidental or malicious;
  3. Legal expenses incurred in minimising a loss, legal liability and professional fees incurred; and
  4. The property against a range of defined events such as fire, storm damage, water damage, glass breakage and a range of other insurable occurrences.

6.3 The Host warrants:

(a) that all representations about the condition and suitability of the Property and any amenities offered, the location, the price and availability is up to date, accurate and not misleading; and

(b) It has the requisite authority and capacity to offer the Property for let.

6.4 Host Responsibilities are essential terms of these Terms of Use. If the Host commits, causes of otherwise permits a breach of these terms, we are authorised to immediately terminate the Host Services Agreement.

6.5 The Host is solely and exclusively responsible for the consequences of non-compliance with any law applicable with letting of the Property including the content of the advertisement as provided by them. We hereby disclaim any liability for the verification of compliance with any laws applicable in advertisements published by a Host.

7. User Responsibilities

7.1 Each User represents and warrants that:

(a) It will comply with all applicable federal, territory and state laws and regulations in the performance of its obligations under these Terms of Use;

(b) It is solely responsible for its Data and the Data of its invited Users, including without limitation, the security of such Data;

(c) It has all necessary rights and licenses, consents, permissions, waivers and releases to use the Data and submit it via the Software, including in respect of use and management of Data in accordance with these Terms of Use; and

(d) if you are an individual, that you are at least eighteen (18) years of age and have the legal capacity or permission of a legal guardian to use the Software

8. GST

8.1 Expressions used in this clause have the same meaning as when used in the GST Act.

8.2 If a Party makes a taxable supply under any agreement subject to these Terms of Use, except where the agreement states otherwise, the payment made by a Party for the taxable supply is expressed as a GST inclusive amount.

8.3 The Party liable to pay for a taxable supply to which these Terms of Use apply, must also pay the amount of any GST payable in respect of the taxable supply on the date on which payment for the taxable supply is due.

A Party is not obliged under these Terms of Use to pay the GST on a taxable supply to it, until given a valid tax invoice for the supply.

9. Intellectual Property

9.1 The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, Data, and other content made available through the Services (collectively, the “MadeComfy Content”) are provided by MadeComfy or its partners or licensors solely to support your permitted use of the Services. The MadeComfy Content may be modified from time to time by MadeComfy in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or MadeComfy Content by you shall constitute a material breach of these Terms of Use. MadeComfy and its partners or licensors retain all rights in the Services and MadeComfy Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of MadeComfy or any third party is granted under the Terms of Use. As a User, you may post, upload, publish, submit or transmit Data, text, graphics, images, information or other materials to be made available through the Website, the Software and Services (“User Content”, together with MadeComfy Content, the “Content”). By making available any User Content, you hereby grant to MadeComfy a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. MadeComfy does not claim any ownership rights in any such User Content and nothing in these Term of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.

9.2 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, the Software or as part of your engagement with us or any Hosting Platform. Accordingly, you represent and warrant that:

(a) you either are the sole and exclusive owner of all User Content that you make available or you have all rights, licenses, consents and releases that are necessary to grant to MadeComfy the rights in such User Content, as contemplated under these Terms of Use; and

(b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or any other person's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9.3 We do not screen User Content (including content relating to Property’s or other information posted by Hosts or Guests) or information on the Website and we cannot give any assurance as to its accuracy or completeness. You expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The relevant User responsible for posting the User Content will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.

10. Disclaimers, Limitation of Liability and Indemnity.

10.1 Disclaimer.

(a) The Services are provided “as is” and “as available.”

(b) To the maximum extent permitted by law:

  1. MadeComfy disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any Products requested through the use of the Services, or that the services will be uninterrupted or error-free;
  2. MadeComfy does not warrant that the Software or Services (or any part of them) will be error free, or that the use of the Software will be uninterrupted, or meet the requirements of the User;
  3. will not be liable for any damages arising out of or related to interruption of, or defects in use or transmission of, the Software, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in use or transmission of the Software.
  4. MadeComfy does not guarantee the quality, suitability, safety or ability of any Property’s or Third Party Vendors.
  5. You agree that the entire risk arising out of your use of the Software, Services, and any Products requested in connection therewith, remains solely with you.

10.2 Limitation of liability.

Notwithstanding any other Special Conditions:

(a) MadeComfy shall not be liable in contract (including under any indemnity), tort (including in negligence or for breach of statutory duty) or otherwise, for:

  1. any loss of profit, loss of revenue, loss of business, loss of contracts or loss of anticipated savings, loss of property, alternative accommodation costs, costs of delay, lost Data, or any indirect, incidental, special, exemplary, punitive or consequential damages related to or otherwise resulting from any use of the Website and or the provision of Property or Services, even if we have been advised of the possibility of such damages;
  2. any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between the Guest and the Host or the Guest and the any Third Party Vendor, even if we have been advised of the possibility of such damages;
  3. any delay or failure in performance resulting from causes beyond our reasonable control. you acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.

(b) Without prejudice to further limitations contained in Section 9.2(c), in no event shall MadeComfy’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the lesser of (1) the value of the Product sold and or Services provided by us to you or (2) five hundred dollars (AU$500), save to the extent any death or personal injury is caused by our negligence, in which case our liability is limited to the value of the relevant insurance coverage we hold at the time of the loss causing event.

(c) The limitations and disclaimer in this section 9 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. To the extent you have a statutory right under Australian Consumer Laws which cannot be excluded by these Terms of Use and:

  1. For any minor problems with the Property or a Service provided by us which falls short of the contracted obligations to you, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction;
  2. To the extent you have a major problem:
    • (A) With the Property (which amounts to breach of the Rental Agreement), the Guests sole recourse is to approach the Host for resolution. MadeComfy’s only obligation to the Guest is to relay communications between the Guest and Host and provide limited mediation services to expedite a resolution;
    • (B) With the Services provided directly by MadeComfy (which amounts to breach of the relevant Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund;
    • (C) With a Product sold by us, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be either (at our discretion) have the Product repaired, replaced or to receive a full refund;
    • (D) With the products provided by a Third Party Vendor your sole recourse is to approach the Third Party Vendor for resolution;
    • (E) The Software, your sole recourse is to stop using the Software.
  3. To the extent a Host has a major problem the Host Services provided by MadeComfy (which amounts to breach of the Host Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund;

10.3 Indemnity.

You agree to indemnify and hold MadeComfy and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including Solicitors’ fees) arising out of or in connection with:

(a) any claims made by any other person or entity in relation to the use and occupancy of the Property to the extent arising from a breach of these Terms of Use, any breach of statutory duty or negligence on the part of the Guest or the Host;

(b) Use of the Property offered by the Host;

(c) Your access to or use of the Website, Software, Services or Products obtained through your use of the Services;

(d) Your breach or violation of any of these Terms of Use;

(e) Our use of your Content or Data; and

(f) Your violation of the rights of any third party, including Third Party Vendors.

11. Miscellaneous

11.1 Your use of this Website and MadeComfy’s Services and any dispute arising out of your use of it is subject to the laws of New South Wales. The Vienna Convention on the International Sale of Goods of 1980 (cisg) shall not apply.

11.2 We may give notice by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent to your address provided to us by as part of your Rental Agreement or Guest Services Agreement. You may give notice to us by written communication to askme@madecomfy.com.au

11.3 You may not assign or transfer these Terms of Use in whole or in part without our prior written approval. You give your approval to us to assign or transfer these Terms of Use in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of equity in MadeComfy, business or assets; or (iii) a successor by merger.

11.4 No joint venture, partnership, employment or agency relationship exists between you, us, the Host or any Third Party Vendor as a result of the any agreement arising out of or related to the use of the Services.

11.5 If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use.

11.6 These Terms of Use constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

Key Flickers Pty. Ltd. Traded as MadeComfy - Terms & Conditions

LAST MODIFIED: 24 June 2016

Contact:

If you have any questions about these Terms, please contact MadeComfy at askme@madecomfy.com.au