Terms and conditions

Terms and Conditions for Registered Users of Flatmate.com (Agreement)

This Agreement governs the relationship between you, whether you are seeking a flatmate or looking for rental accommodation, and Local Flatmate Pty Ltd (Local Flatmate). You must read the Agreement carefully before you register to use the services offered by Local Flatmate (Services). You must be 18 years or older to register to use the Services. By registering to use the Services you agree to be bound by this Agreement. Please contact Local Flatmate if you have any questions.

1. Role of Local Flatmate

1. Local Flatmate is a facilitator only. Local Flatmate is not an agent for any user of its Services or Website. Local Flatmate’s role is to assist you to find accommodation or a flatmate.
2. Local Flatmate does not enter any agreements for or on behalf of you. You must enter into an agreement directly with the person offering you accommodation or the person who will become your flatmate.
3. Local Flatmate gives no guarantees about any person with whom you enter an agreement after using the Services and Local Flatmate makes no representations about a person’s ability to pay rent or provide the accommodation on an ongoing basis.
4. Local Flatmate will not get involved in any disputes between users of the Services and Website.

2. Fees for use of Local Flatmate’s services

1. There is no fee to register to use Local Flatmate’s Services including placing an advertisement to find a flatmate or to advertise accommodation for rent.  
2. There is no fee to send a predefined message using the dropdown boxes available on the Local Flatmate website (Website).
3. If you would like to send custom messages to potential flatmates or to people advertising accommodation for rent, you agree to pay AU$5 (including GST) to Local Flatmate to use the customised-text message functionality for a 5 day period (Weekly Fee). Once you have paid the Weekly Fee, you will be able to access the customised-text message functionality for 7 days.
4. At the end of each 7 day period referred to in clause 2.3, you will be automatically re-charged another AU$5 for 7 days. You will need to cancel the subscription to cease using the customised messaging feature referred to in clause 2.3.
5. The fee referred to in clause 2.3 is only payable if you are initiating the custom-messaging feature.

3. Your obligations and responsibilities

1. You must be registered to place an advertisement on the Website.
2. You must, at all times, provide information that is honest, correct and complete, including on the registration form and when answering any inquiries directed to you from other users of the Website. You will keep the details you gave on registration up to date while you remain registered with Local Flatmate.
3. When you provide Local Flatmate with the information on the registration form you agree to Local Flatmate’s use of the information in accordance with Local Flatmate’s Privacy Policy
4. You must ensure that any information, including pictures, that are on your advertisement are correct and kept up to date for the time they are accessible via the Website. You must remove the advertisement as soon as possible after you have found a flatmate or accommodation.
5. It is your responsibility to negotiate the terms of your engagement with your prospective flatmate or the person from whom you will be renting accommodation. You are also responsible for making your own inquiries of that person, checking references and making sure you consider either that person or the accommodation being offered is suitable for you.
6. You must not use anyone else’s account or allow anyone else to use your account.
7. You must keep your account details, including password secure and notify us if anyone has used or attempted to access your account without your permission.

4. Local Flatmate’s obligations and responsibilities

1. Local Flatmate will use its best efforts to screen messages sent between users and content posted to the Website by users. Local Flatmate reserves the right not to pass on messages and remove any content from the Website including when it considers the message or content is inappropriate, offensive or an infringement of a third party’s rights.
2. Local Flatmate may remove any advertisement if it considers, in its sole discretion, that such advertisement has been inactive for a reasonable period of time.

5. Termination

1. Local Flatmate may terminate this agreement immediately on giving you notice if you breach any term of this agreement or if in Local Flatmate’s opinion, your continued use of the Services and Website will or may cause damage to Local Flatmate’s reputation or cause Local Flatmate to breach any applicable law.
2. Local Flatmate will not be liable to refund any fees to you if this agreement is terminated either Local Flatmate, or if the agreement is terminated by you.

6. Liability and indemnity

1. You use the Services and Website at your own risk. Both are provided on an “as is” basis.
2. Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the services provided by Local Flatmate under this agreement are excluded.
3. To the extent permitted by law, Local Flatmate will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the provision of the Services by Local Flatmate, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
4. To the maximum extent permitted by law, the aggregate liability of Local Flatmate under or in relation to this agreement arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the services provided by Local Flatmate to you and which directly led to Local Flatmate’s liability arising.
5. You agree to defend, indemnify and hold harmless Local Flatmate, its subsidiaries, affiliates, employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against Local Flatmate arising out of or related to, whether directly or indirectly, your use of the Services or Website.

7. General

1. This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
2. If part or all of any of this agreement is illegal or unenforceable it will be severed from the agreement and will not affect the continued operation of the remaining provisions of the agreement.
3. Local Flatmate may amend this agreement from time to time and you should check the Website for any amendments.
4. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
5. This agreement contains the entire agreement of the parties with respect to its subject matter.