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INTRODUCTION

  • We provide communications services to managers of short term accommodation properties
  • You provide management services in respect of properties available for short term accommodation
  • This document sets out the terms and conditions upon which We offer our communications services to You

OPERATIVE CLAUSES

  1. Definitions
    1. The following defined terms are used in this document:
    Acceptance BoxThe box or button on the Acceptance Webpage bearing a label to the effect that the reader has read the Terms and Conditions and agrees to be bound by them
    Acceptance WebpageA web page which could be accessed by either clicking on a hyperlink contained in an email sent to Your Email Address to which this Contract was attached, or by accessing an internet address (URL) provided in such an email, which provides a facility for:(a) Providing details (including email address) of the entity contracting with AirComms to acquire the Services(b) Providing details of the credit card which will be used to make the Monthly Payment(c) Confirming that you have read, understood, and accepted the Terms and Conditions (by clicking on the Acceptance Box or confirming via email)
    AirComms, We, UsBenkor Pty Ltd as Trustee for the Benkor Trust T/A Aircomms
    ContractThe binding contract between You and Us referred to in clause 2.3
    Credit CardThe credit card whose details have been entered on the Acceptance Webpage at the time the Acceptance Box is clicked, or updated by written notice from You to Us.
    FeeThe amount you pay to AirComms each month in respect of each Managed Property, which is:
    GuestPersons who stay, for payment, as temporary guests at the Property through the use of short term rental platforms such as, but not limited to Airbnb.
    HostPersons who permit to other persons to stay, for payment as temporary guests at the Property through the use of short term rental platforms such as, but not limited to, Airbnb
    Managed PropertyA Property for which You have agreed to provide property management services to that Property’s Host
    Monthly PaymentThe amount calculated in accordance with clause 4.1
    Number Of Managed PropertiesThe number of Managed Properties in existence on the first day of the relevant month.
    Payment Rejection Fee$35
    PropertyAny premises made available for short term accommodation through the use of short term rental platforms such as, but not limited to, Airbnb
    ServicesThe services specified in clause3 of these Terms and Conditions.
    Terms and ConditionsThis document, including the Fee Schedule and the Privacy Policy.
    YouThe entity whose details have been entered on the Acceptance Webpageat the time the Acceptance Box is clicked
    Your Email AddressThe email address which has been entered on the Acceptance Webpage at the time the Acceptance Box is clicked
  2. How the Contract arises
    1. By emailing these Terms and Conditions to Your Email Address, or by making these Terms and Conditions available to be read by You on our Website, We are offering to enter into a binding agreement with You whereby, subject to the terms set out in these Terms and Conditions, We provide You the Services and You pay us the fees for those Services as set out in these Terms and Conditions.
    2. You indicate that You have agreed to accept the offer referred to in clause 2.1 above, and that You understand that you are entering into a binding agreement which requires You and Us to abide by the terms set out in these Terms and Conditions, when You or a person authorised by You clicks the Acceptance Box.
    3. Your acceptance (as set out in clause 2.2 above) of Our offer (set out in clause 2.1) above creates a binding contract between You and Us whose terms are set out in these Terms and Conditions.
  3. The Services
    1. The Services We provide to You are:
      1. Handling communications on Your behalf with Guests and potential Guests
      2. Handling after hours communications on Your behalf with Hosts
      3. Handling communications on Your behalf in relation to Host Property maintenance issues, with maintenance, housekeeping and operations staff
      4. Provision of prompt notification to You of:
        1. Last minute bookings
        2. Alterations to bookings
        3. Refund requests
        4. Direct Host/Guest communications
        5. Lost property
        6. Maintenance issues
        7. Urgent repair requests
  4. Payment
    1. The Fee varies according to the Number of Managed Properties, as follows (unless otherwise agreed in writing by both parties):
      Number of Managed PropertiesFee
      1 to 40USD $90
      41 to 80USD $85
      81 to 120USD $75
      Greater than 120USD $65
    2. In consideration for provision of the Services, Youare to make a payment each month to us (“Monthly Payment”), calculated as follows: Number of Managed Properties * Fee
    3. The Monthly Payment will be debited by Us from the Credit Card, on or before the fifteenth day of the month
    4. In the eventwe are unable to debit a Monthly Payment from the Credit Card:
      1. You will be notified by email to Your Email Address and requested to rectify the problem, and/or provide new Credit Card details in writing to us.
      2. You will be charged the Payment Rejection Fee
      3. We will try a second time to debit the Credit Card for the Monthly Payment and the Payment Rejection Fee
      4. If we are still unable to debit the Credit Card, we may, at our discretion, immediately cease to provide the Services to you and/or terminate the Contract, both without further notice to You.
    5. Subject to provision of at least 30 days written notice to You, We may, at Our sole discretion, vary or modify the Fee at any time.
  5. Access to accounts and management software
    1. You agree to provide Us, and to continue providing Us for the life of the Contract, full, unfettered and independent access including all necessary usernames, passwords, URL’s, and any other information necessary in order to access and operate:
      1. The accounts or logins operated by each of the Hosts whose Properties You manage, with the relevant short term accommodation provider, such as AirBnB;
      2. Any software, internet-based service, or other computer based arrangement which You use in order to perform and/or deliver (or assist in the performance and/or delivery of Property management services to Hosts
    2. We are under no obligation to provide you the Services, or any part thereof, unless and until You provide Us the full, unfettered and independent access referred to in clause5.1 above.
  6. Our liability
    1. Subject to any condition, warranty or right implied by the Competition and Consumer Act 2010 (Cth) or any other law which cannot by law be excluded by agreement:
      1. We give no warranties, and You have no other rights, apart from those, if any, expressly set out in these Terms and Conditions; and
      2. all implied conditions, warranties and rights are excluded.
    2. Without limiting clause12.1.2, to the extent permitted by law, We do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information provided or made available to You.
    3. Where any condition, warranty or right is implied by law and cannot be excluded, We limit our liability for breach of that implied condition, warranty or right:
      1. in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
      2. in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.
    4. Subject to paragraphs 12.1 and 12.3 above, We are not liable to You in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
      1. indirect or consequential loss or damage; or
      2. loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities or data, whether of a direct, indirect or consequential nature,
      suffered by You or any other person and arising out of any breach or other act or omission by Us.
    5. You acknowledge and agree that We have no contractual or other relationship with guests, hosts or any person providing or potentially providing services in relation to any Property, and any act or omission of any of these persons is Your sole responsibility.
    6. Without limiting clause13.5, We are not liable for and You indemnify Us against:
      1. any act or omission of a Guest or other person staying at aProperty;
      2. any act or omission of a Host;
      3. any loss or damage caused to aProperty or chattels by a Guest, a host, or any other person;
      4. any loss or damage to the property of any Guest or any other person;
      5. any damage or breakdown of appliances or other equipment used by Guests or operated during cleaning operations;
      6. any claims against You or against Us by a Guest, a Host, or any other person arising in connection withthe stay or proposed stay of a Guest at aProperty or payment for such stay or proposed stay.
    7. Subject to paragraphs 5.1 – 5.6 above, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission will not exceed $50.
  7. Termination, suspension and force majeure
    1. Either party can terminate theContract by giving the other party thirty days’ notice in writing.
    2. We may terminate the Contract immediately upon giving You notice in writing, if:
      1. You breach any term or condition of theContract and:
        1. the breach cannot in our reasonable opinion be remedied by You; or
        2. if it can be remedied, You fail or refuse to do so within a period of 7 days from notification by Us to You which specifies the nature of the breach and requires You to remedy the breach; or
      2. We are unable to debit a Monthly Payment from your Credit Card, after following the steps set out in clause 4.3 above.
      3. You become subject to any form of insolvency, receivership, administration, liquidation or bankruptcy.
    3. We are not liable for any failure to perform Our obligations under this Contract where such failure is wholly or substantially due to a force majeure event, which includes any cause beyond Our control, including strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade or governmental action, inaction or request, and act of God.
  8. Notice
    1. Notice in writing from You to Us can only be provided by email sent to info@aircomms.com.au.
    2. Notice in writing from Us to You can be provided by email sent to the Email Address or to another email address notified to Us in writing by You or by replying to any email which You have sent to Us.
  9. Miscellaneous
    1. You agree to indemnify us for any costs incurred in enforcing the Contract, on an indemnity or solicitor-client basis (whichever is higher).
    2. The Contract constitutes the entire agreement between You and Us and supersedes all previous negotiations, understandings, representations and agreements in relation to the subject matter of Our Terms.
    3. You acknowledge that You have not relied upon any representations other than those contained in these Terms and Conditions or on our Website in deciding to enter into the Contract
    4. If any term of these Terms and Conditions is for any reason invalid or unenforceable, that term must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
    5. We may subcontract, assign or novate theContract or any of our rights or obligations under theContract in our sole discretion.
    6. You may not subcontract, assign, or novate the Contract or any of your rights or obligations under the Contract without written permission from Us.
    7. Any failure or delay by us to exercise or enforce any term of the Contract does not waive our rights to enforce that or any other term of the Contract.
    8. The Contract cannot be amended in any way except by agreement in writing signed by You and Us.
    9. The Contract is governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the jurisdiction of the courts of Victoria, Australia, in relation to any dispute arising in relation to the Contract.
    10. We are not affiliated with Airbnb or any other rental platform.

PRIVACY POLICY

Aircomms is committed to respecting the privacy of your personal information.

This Privacy Policy explains our policy for dealing with personal information that we collect through the following channels (Collection Channels):

  • our online properties (Website), including, but not limited to http://Aircomms.net;
  • any related Aircomms or client website, social media page, internal website, intranet and any Aircomms or client mobile or tablet applications;
  • personal information provided to us by our clients and customers;
  • personal information collected by us on behalf of our clients and customers as a result of the provision of professional services to our clients and customers; and
  • any other means through which an individual provides personal information to Aircomms and its clients, including either physically or electronically.
Personal information is important to Aircomms

Aircomms is committed to safeguarding personal privacy. It recognises that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Aircomms will only collect and use personal information as set out below.

Throughout this Privacy Policy, we refer to your ‘personal information’, which means information which identifies you as an individual or which renders you reasonably identifiable. Your full name, gender, date of birth, home address, home telephone number, mobile telephone number, email address and workplace contact details are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.

Aircomms has developed and implemented its Privacy Policy with respect to personal information to reflect world best practice on privacy policies. These principles meet and exceed the requirements of the Privacy Act 1988 (Cth) (as amended) and the 13 Australian Privacy Principles.

In order to keep up with changing legislation and best practice, we may revise this Privacy Policy at any time without notice. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.

In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Anonymity and pseudonymity

Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our Collection Channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the information identified below.

Kinds of Personal Information that Aircomms Collects and Holds

  • Personal information that may be requested or collected by us includes:
  • contact information such as your full name, date of birth, telephone number, mobile telephone number, current and valid email address, residential address and postcode;
  • social media account usernames;
  • information about your employment history;
  • information regarding your personal and professional interests;
  • information about your education and qualifications;
  • documents relating to your employment;
  • enquiry and complaint details;
  • information regarding your relationship history with Aircomms and its clients;
  • information about your experience with our products or services or third party products or services listed on a Website. This information is requested in order to tailor our subsequent communications to you and continuously improve our products and services;
  • the contact details of third parties (including, but not limited to, personal references). If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Aircomms and used for the purposes set out in this policy (which may include using their details for marketing purposes);
  • any other personal information which you directly provide to Aircomms. Where you provide us with such unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this Privacy Policy); and
  • any other personal information requested or required by a Collection Channel.
Sensitive Information

We will only collect sensitive information with your consent. Where you provide us with any sensitive information (including, but not limited to, information about your racial or ethnic origin, criminal record, religious affiliation, political opinions, sexual orientation and/or medical history) we will only use this information for the purposes stated on the Collection Channel.

How Aircomms Collects and Holds Personal Information

Aircomms will only collect or monitor any personal information about you with your consent including as provided in this Privacy Policy or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to us in accordance with this Privacy Policy or has been provided to us lawfully by third parties, including our clients and customers. Personal information collected through utilities such as email must be handled in accordance with this Privacy Policy.

Active Information Collection

Personal information may be collected (and combined) via our Collection Channels if you

  • have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party, including our clients;
  • provide your details to us or our clients via any Collection Channel;
  • subscribe to any newsletters, updates, alerts or news and media releases, or request information about our products or services or other information services as well as third party products or services;
  • conspicuously publish or provide on request your personal information;
  • complete and submit any forms or surveys to us or our clients, either physically or electronically;
  • participate in any competitions, offers, promotions or marketing activities;
  • provide us with any reviews;
  • contact us or our clients directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
  • interact with a Website for a specific purpose; or
  • interact with or browse a Website generally.

Personal information is requested in order to consider and respond to your employment application or enquiry and to facilitate and/or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website), marketing materials, newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other Aircomms, client or third party products, services, offers, competitions or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in Aircomms or its clients being unable to consider your employment application and/or to facilitate or provide you with certain content, products or services, products or services information, upcoming promotion, competition, offer or event information or accept competition entries (where applicable).

We may also obtain your personal information from legitimate third party sources including our clients and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.

Children

Personal information will not be collected in relation to any person who is known by Aircomms to be under the age of fifteen (15) without the consent of a parent or legal guardian. Persons under age fifteen (15) may only use our Websites with the involvement and consent of a parent or legal guardian.

Passive Information Collection

As with many commercial websites, Aircomms and its clients may also collect information which tells us about visitors to our Websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, you consent to the collection of such information where it is personal information.

As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth). This is dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our Websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a Website might not work without cookies and this may limit the services provided by a Website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.

Our Websites may use and combine such passively collected anonymous information or personal information from various third party sources, including as described in paragraph 15, to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.

For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.

Purposes for which Aircomms collects, holds, uses and discloses personal information

Personal information collected will be collected, used and/or disclosed for the following primary purposes:

  • For the purposes for which it was collected (as advised in this Privacy Policy).
  • For the purposes stated in a privacy collection statement on a particular Collection Channel.
  • To consider and/or respond to employment applications and enquiries.
  • To fulfil obligations in respect of any upload terms of use, sale and purchase contract and/or any other contract between you and Aircomms or you and one of our clients.
  • To provide you with information about your transactions (including uploading, access to, and receipt of content on a Website), content, services and products, to provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email) or any other form of electronic, emerging, digital or conventional communications channel.
  • To maintain our relationship with you.
  • To render services related to Aircomms.
  • To manage your employment with Aircomms (if applicable).
  • To conduct competitions, offers, promotions and/or marketing activities on behalf of Aircomms or our clients and customers.
  • To respond to enquiries and complaints.
  • To share personal information with Aircomms group companies, our promotional partners and other trusted third parties in the manner described below.
  • To collect, hold, use and disclose personal information as stated above, for the purpose of providing professional services to our clients and customers.

For the purposes described above, personal information may be shared with Aircomms group companies, Aircomms promotional partners and other trusted third parties (and their directors, servants and agents) either in Australia or overseas. Failure to provide personal information may result in Aircomms or its clients being unable to provide you with certain content, information, upcoming promotion, event or product information and/or accept promotion entries (where applicable).

In order to operate a Website or deliver a service, personal information may also be shared with Aircomms group companies, selected service providers and/or other trusted third parties either in Australia or overseas countries. Aircomms group companies, selected service providers and/or other trusted third parties may be engaged by Aircomms to perform a variety of functions, such as data storage, fulfilling orders, assisting with surveys or promotions and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions.

Aircommsrecognises the trust with which you provide personal information, and except as stated in this Privacy Policy, such information will not be used or disclosed for any other purposes without consent. However, Aircomms reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of Aircomms or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by Aircomms

Aircomms group companies (and their directors, servants and agents), Aircomms promotional partners or trusted third parties (and other selected service providers and other non-Aircomms companies or professionals) either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above

Aircomms does not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy. If you receive communications from Aircomms which you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if applicable) or by contacting Aircomms via email: info@aircomms.net. Please allow 30 days for this request to be processed.

Despite removing your name from the database from receiving future advertising and marketing information, Aircomms may send you non-commercial “Administrative Emails”. Administrative Emails relate to a Aircomms user account and may include administrative and transaction confirmations, requests and inquiries or information about a particular Aircomms user account. If you do not wish to receive such communications from Aircomms, you may remove your name from the database by utilising the functional unsubscribe facility (if applicable) or by contacting Aircomms via email: info@aircomms.net

Ability of others to view information

Aircomms may provide areas on a Website where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publically posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others outside of our Websites. Aircomms is not responsible for the conduct of others who may read, collect and use this information.

Your right of access

You have the right to access and review your personal information that may be recorded on Aircomms database. Information may be reviewed by contacting Aircomms’s privacy officer via email: info@aircomms.net Please allow 30 days for this request to be processed.

Changing and deleting the information we have about you

Information contained on the database may be amended, or your preferences for contact from us changed, by contacting Aircomms’s privacy officer via email:info@aircomms.net. Please allow 30 days for this request to be processed.

In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Aircomms and its clients being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.

We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.

Storage and security of personal information

Aircomms will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information accurate, up to date, complete and relevant. The information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas.

Disclosure of personal information to overseas recipients

In some cases, Aircomms may disclose your personal information to overseas recipients. Aircomms employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by Aircomms. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Aircomms will not be held responsible for events arising from unauthorised access to personal information.

Aircomms and links to other websites

Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. Aircomms is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.

Related Aircomms Websites

All Websites operated by Aircomms will adhere to this Privacy Policy.

Sale of the Company

If Aircomms merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Problems or queries

If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact our privacy officer via one of the following channels:

The Privacy Officer Telephone + 61 431 403 479 Email info@aircomms.net