Terms of Use - Shared Accommodation Australia

Acknowledgement and acceptance of Website Terms

COR Partners Pty Ltd ACN 633 003 095 (“The Switch”, “we”, “our” or “us”) owns and operates this Website (Website). Your use of the Website and the services provided via the Website (collectively the Services) is governed by these terms and conditions (Terms). By using the Website, you are deemed to have read, understood and accepted these Terms. If you do not agree to these Terms, you must cease accessing and using our Website immediately.

Amendments to the Terms
1. We reserve the right to amend the Terms from time to time. Where we make material amendments to the Terms, we will provide reasonable notice of the amendments before the amendments take effect. Notice of the amendments will be provided on the Website and/or by email. By continuing to use the Website after the amendments to the Terms take effect, you agree to be bound by the amended Terms.
Account
1. In order to access some of the Services (including to make an accommodation application and / or booking), you are required to create an account. To do so, you will need to use a valid email address and create a password.
2. You must protect your login details and password securely.
3. You agree to ensure that your account details remain true and accurate at all times. You must notify us of any change to the details as originally supplied.
Bookings
1. Bookings for accommodation are able to be made via the Website.
2. Short Term Accommodation (rentals of less than 8 weeks)
  1. Payment of a deposit of up to 2 weeks’ rent is required at the time of entering the accommodation agreement which will comprise either an Occupancy Agreement or Residential Tenancy Agreement. Payments can be made by VISA, MasterCard or Union Pay debit or credit cards.
  2. The Residential Tenancy Agreement or Occupancy Agreement will cover the terms of your accommodation/tenancy and a copy of the Residential Tenancy Agreement or Occupancy Agreement will be emailed to you for your records once completed and executed by the parties.
3. Long Term Accommodation (rentals of 8 weeks or more)
  1. An accommodation application (i.e., a non-binding expression of interest in a tenancy for the selected accommodation) is required for long term accommodation bookings of 12 months or more. Our Accommodation Application Terms and Conditions, are available at https://www.switchliving.com.au/terms-and-conditions/ .
  2. Payment of a deposit of up to 2 weeks’ rent is required at the time of your accommodation application. Payments can be made by VISA, MasterCard or Union Pay debit or credit cards.
  3. If your accommodation application is approved, we will send you a copy of the accommodation agreement, which will comprise either an Occupancy Agreement or Residential Tenancy Agreement signed by or on behalf of the landlord. If your accommodation application is not approved, we will refund your deposit less any banking surcharge disclosed by us.
  4. The Residential Tenancy Agreement or Occupancy Agreement will cover the terms of your accommodation/tenancy. Once you countersign the Residential Tenancy Agreement or Occupancy Agreement and return a fully executed copy to us, your booking will be complete.
Booking Cancellation
1. Cancelling with at least 30 days’ written notice before the start date
  1. You can cancel your executed Residential Tenancy Agreement or Occupancy Agreement (Agreement) if you provide us with written notice at least 30 days’ prior to the Agreement start date.
  2. You will be entitled to get a full refund of your deposit if you have provided us with written notice at least 30 days’ prior to the Agreement start date.
2. Cancelling with less than 30 days’ written notice before the start date
  1. If you request to cancel your executed Agreement less than 30 days before the Agreement start date, we will cancel your Agreement.
  2. However, you will not be entitled to receive a refund of your deposit unless you can provide written evidence to The Switch that your cancellation is due to one or more of the following circumstances:
    1. your Australian visa application was rejected;
    2. your Australian university place offer was withdrawn; or
    3. your employment was terminated by your employer before the Agreement start date.
3. If your executed agreement is in Western Australia, the deposit of two weeks rent will be used to cover the expenses of locating another tenant to take over the apartment and the rent lost over this period. If there is no loss to The Switch the deposit will be refunded.
Other Sites
1. The Website may, from time to time, contain links to other websites (Other Sites). We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Other Site or any association with its operators. We do not represent that material on any Other Site is reliable, accurate or complete, is free of viruses or does not infringe the intellectual property rights of a third party. Any access to or use of any Other Site is at your own risk.
Access and use
1. You must not:
  1. access or use our Website for any unlawful purpose;
  2. transmit or post any message, information, data, text, software, images or other materials that are libellous, defamatory, harassing, obscene, pornographic, is likely to incite violence, threatening, an invasion of privacy or publicity rights, abusive, illegal, or which we consider, in our absolute discretion, to be objectionable or which infringe the rights of any other party;
  3. attempt to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or create derivative works from the Website;
  4. attempt to upload any data, software or content to the Website except as expressly authorised by us;
  5. attempt to upload any computer virus, worm or any other computer code which may adversely affect the Website, performance or functionality of the Website or any other website, software, system or equipment of ours or any other person or entity;
  6. use any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website;
  7. create any web or other links to our Website without our prior written permission; and
  8. access or use our Website for any professional, trade or commercial purpose without our written permission.
2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, mobile software, data or other proprietary material due to your use of our Website or due to your downloading of any material posted on the Website, or on any Other Sites.
Privacy Policy
1. Our Privacy Policy, which sets out how we will process your personal information, is available at www.switchliving.com.au/privacy-policy. Information about how you may access or correct your personal information and make a privacy-related complaint is detailed in our Privacy Policy.
Disclaimer, indemnity and liability
1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law comprising Schedule 2 of the Competition and Consumer Act 2010 (Cth), the material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
2. To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website or the Other Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
3. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Copyright and intellectual property
1. Copyright in the Website content is owned by us unless otherwise indicated. Intellectual property rights in our logos and trade marks remain vested in us and you do not acquire any such rights in our logos or trade marks by virtue of your access to or use of the Website.
2. No part of the Website, or the material on it may be reproduced, extracted, published or distributed (unless specifically authorised by applicable law) without our written permission.
Variation
1. We have the right in our absolute discretion at any time and without notice (where acting reasonably) to amend, remove or vary the Services or any page of our Website.
Waiver
1. If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
2. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
General conditions
1. Our Services and Website may be accessible from outside of Australia. We make no representation that our Services and Website comply with the laws (including intellectual property laws) of any country outside Australia. If you access our Services or Website from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Services or Website.
2. Our Website and these Terms are governed by the laws applicable in the State of New South Wales. You submit to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them.
3. If any of these Terms are found by a competent court to be invalid, unenforceable or illegal for any reason, such provisions will be severed and the remaining terms will continue in full force and effect.

Last Updated: 20 March 2023