Terms & Conditions

Welcome to House Sitters America!

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the House Sitters America (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Itchyfoot Pty Ltd trading as House Sitters America ABN 13 154 572 577 (House Sitters America, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Sitters), which sets out additional terms that apply to Sitters, being individuals who offer Housesitting Services to care for the Homes and pets of Owners while they are away; and
Part C (Owners), which sets out additional terms that apply to Owners, being individuals that own residential properties and seek to engage Sitters for Housesitting Services.

If you intend to use the Platform as a Sitter, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as an Owner, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the services available through our Platform and any associated services we offer.

“Home” refers to the Owner’s residential property where the Housesitting Services will be provided.

“Housesit Arrangement” means the agreement between an Owner and a Sitter for the provision of Housesitting Services, which may arise from either the acceptance of an Owner Ad by a Sitter or the direct request by an Owner to a Sitter to provide Housesitting Services via a Sitter’s Profile. This arrangement includes the terms and responsibilities agreed upon by both parties regarding the care of the Home, pets, plants, and any other specified duties.

“Housesitting Services” refers to the services provided by Sitters, which may include caring for the Home, pets, plants, and other responsibilities as agreed between the Owner and the Sitter.

“Owner Ads” refers to requests for Housesitting Services submitted to the Platform by Owners, outlining their specific needs, dates, and requirements for Sitters.

“Owner Agent” refers to an individual or entity designated by the Owner to act on their behalf in matters related to the property, including authorising repairs and communicating with the Sitter.

“Reply Rating” refers to a score assigned to Users based on their responsiveness to initial contact messages sent via the Platform's in-house messaging system. The Reply Rating is calculated based on the timeliness and consistency of a User’s replies, with points deducted for delayed or non-responses and regained through prompt responses to new first messages.

“Vehicle” refers to a motor vehicle owned by the Owner that may be used by the Sitter during the house sitting period as specified by the Owner.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Part A All Users

1. ELIGIBILITY

(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

(i) over the age of 18 years and accessing the Platform for personal use; or

(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.

(c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.

2. DISCLAIMER

(a) (Intermediary Service) House Sitters America is a medium that facilitates the introduction of Owners and Sitters for the purposes of providing Housesitting Services, which include but are not limited to, caring for the Owners' homes and pets during their absence. House Sitters America simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Owners and Sitters in relation to such services or otherwise resulting from the introduction.

(b) (No Vetting) House Sitters America does not conduct background checks, identity verification, or any form of vetting on Users. It is the responsibility of each User to conduct their own due diligence before entering into any agreement or arrangement with another User. We strongly encourage all Users to take appropriate precautions when engaging with others on the Platform.

(c) (No Guarantee) The Platform does not guarantee the quality, reliability, or availability of any housesitting services provided by Users. Any agreements or arrangements between Users are strictly private and not the responsibility of the Platform.

(d) (No Endorsements) The inclusion of any User, Rating, Review or Response (as defined in clause 8) on the Platform does not constitute an endorsement or recommendation by the Platform. The Platform does not verify or validate any claims, representations, references, Ratings, Reviews or Responses made by Users.

3. ACCOUNTS AND PROFILES

3.1. ACCOUNTS

(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).

(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by House Sitters America from time to time.

(c) You warrant that any information you give to House Sitters America in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d) You may register for an Account using your Facebook or Google account (Social Media Account). If you sign in to your Account using your Social Media Account.

(e) Once you complete the Account registration process, House Sitters America may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

(f) House Sitters America reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g) House Sitters America may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3.2. SITTER PROFILES

(a) In addition to creating an Account, in order to respond to Owner Ads, Sitters will be required to create a profile that details:

(i) their name;

(ii) their age (optional);

(iii) a bio, setting out information about themselves and their experience in providing Housesitting Services;

(iv) their rate for the Sitting Services (if they have chosen to charge for the Sitting Services) as well as any other applicable terms and conditions. When setting their rates for the Sitting Services, Sitters can adjust the minimum and maximum daily or weekly rates. Sitters must keep these amounts updated and must not charge more than their advertised maximum rate;

(iv) preferred locations to provide Housesitting Services and other Housesitting Services preferences including nominating to be a “local” Sitter (if applicable) to display on their profile that they will only house sit in particular areas ; and

(v) whether they will be bringing a caravan or pet when providing the Housesitting Services,

together a “Sitter Profile”.

(b) All Sitter’s profiles are subject to approval by House Sitters America.

(c) The Sitter acknowledges and agrees that their Sitter Profile will only be activated once it has been fully completed and all required fields have been filled out.

(d) Owners may make their own enquiries about a Sitter by contacting the Sitter through the Platform’s in-house messaging system.

3.3. OWNER PROFILES

(a) In addition to creating an Account, in order to post Owner Ads, Owners will be required to create a profile that details:

(i) their name;

(ii) the address of the Home;

(iii) the postcode in which their Home is located; and

(iv) the dates required for the Housesitting Services;

together a “Owner Profile”.

(b) All Owner Profiles and Owner Ads are subject to approval by House Sitters America.

(c) Sitters may make their own enquiries about an Owner by contacting the Owner through the Platform’s in-house messaging system.

4. USER OBLIGATIONS

As a User, you agree:

(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify House Sitters America of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;

(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:

(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by House Sitters America;

(d) not to act in any way that may harm the reputation of House Sitters America or associated or interested parties or do anything at all contrary to the interests of House Sitters America or the Platform;

(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of House Sitters America;

(f) that House Sitters America may change any features of the Platform or Services offered through the Platform at any time without notice to you;

(g) that information given to you through the Platform, by House Sitters America or another User including a Sitter, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(h) that House Sitters may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

5. HOUSESITTING FEES

(a) Housesitting Services facilitated through the Platform are either a free exchange of house sitting services for accommodation or a paid agreement between Owners and Sitters.

(b) Payment or other forms of remuneration must be agreed upon directly between the parties before the house sit is confirmed. If either an Owner or Sitter requests payment for Housesitting Services, this must be clearly disclosed in their Profile or advertisement on the Platform. Any fees, remuneration, or other terms related to Housesitting Services are quoted, negotiated, accepted, paid, and otherwise dealt with solely between Owners and Sitters.

(c) The Platform is not involved in the negotiation, acceptance, or facilitation of any payments and will not be responsible for any issues arising from such arrangements, including refunds or cancellations. Any disputes regarding payments must be resolved directly between Owners and Sitters.

6. COMMUNICATIONS BETWEEN OWNERS AND SITTERS

While communication between Sitters and Owners may take place outside the Platform, it is strongly recommended that all initial communication occurs through the Platform. This ensures a secure and traceable communication channel for both parties, particularly for safety, record-keeping, and dispute resolution purposes. Using the Platform for early discussions helps protect both Sitters and Owners and provides a documented reference for the terms of the Owner Ad.

7. OWNERS AGENT

(a) Each Owner must appoint an Owners Agent and provide the Sitter with the contact details of the Owners Agent prior to the commencement of the Housesitting Services.

(b) The Owners Agent is authorised to approve any necessary repairs to the Owner's Home and/or Vehicle, regardless of whether the cost of the repairs is the responsibility of the Owner or the Sitter. If the Sitter is responsible for the repair costs, the Owners Agent must provide a detailed invoice outlining the costs and expenses incurred for the repairs.

(c) In cases of emergency, Sitters shall grant the Owners Agent reasonable notice to inspect the Home and/or Vehicle (if applicable) during the Housesitting Services period.

(d) For the avoidance of doubt, House Sitters America assumes no responsibility and makes no representations or warranties regarding the Owner’s compliance with any applicable laws, regulations, or this agreement, including the warranties and representations outlined in this clause 7.

8. RATINGS AND REVIEWS

(a) You may rate another User on the experience you had with that User (Rating) and/or may provide feedback to other Users regarding the experience you had with them, including Housesitting Services provided or received from them (Review). A User may also publish up to one response to a Review and/or Rating that they receive (Response).

(b) A Review and Rating cannot be posted if the Housesitting Services have not taken place due to cancelation by either the Owner or Sitter. House Sitters America may delete such Reviews and/or Ratings.

(c) Reviews, Ratings and any associated Responses will be made public and published on a Sitter Profile, an Owner Ad, or on an Owner's message if they make direct contact without posting an ad. Users are unable to remove a Review, Rating or Response even if they disagree with the content.

(d) You must only provide true, fair and accurate information in your Reviews, Ratings and any associated Responses.

(e) If we consider that a Review Rating or Response is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review, Rating or Response and/or ban the relevant User from posting further Reviews. We do not undertake to review each Review, Rating or Response that is made.

(f) To the maximum extent permitted by law, we are not responsible for the content of any Reviews. Reviews, Ratings and associated Responses reflect the opinions of individual Users and do not reflect the opinion of House Sitters America.

(g) You may not publish Reviews or Ratings of another User to whom you have a personal or professional relationship (separately from the Platform).

(h) You may only write a Review or provide a Rating or Response about another User if you have had a Housesitting Service experience with that User, which means that:

(i) you have provided Housesitting Services to that User via the Platform; or

(ii) you have been provided with Housesitting Services from that User via the Platform; or

(iii) you can otherwise document your interaction with that User, including via correspondence or other interaction with the User via the Platform,

(collectively referred to as a Service Experience).

(i) You may only write about your own Service Experience. You are not permitted to write a Review or providing a Rating or Response about somebody else’s Service Experience, such as that of a family member or friend.

(j) You are encouraged to be specific and factual in your Reviews, Ratings and Responses. If you have been offered an incentive by a User to write a Review, or provide a Rating or Response, you should include information about this in the relevant Review, Rating or Response. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User.

(k) Reviews and Ratings must be posted within 14 days of the completion of the relevant Housesitting Services.

(l) Responses to Reviews or Ratings must be posted within 21 days of the Review or Rating being published.

(m) Reviews, Ratings, or Responses submitted outside of these timeframes will not be accepted unless at the absolute discretion of House Sitters America, and such discretion will only be exercised in exceptional circumstances.

9. POSTED MATERIALS

9.1. WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

(b) the Posted Material is accurate and true at the time it is provided;

(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

(h) the Posted Material does not breach or infringe any applicable laws.

9.2. LICENCE

(a) You grant to House Sitters America a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for House Sitters America to use, exploit or otherwise enjoy the benefit of such Posted Material.

(b)If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release House Sitters America from any and all claims that you could assert against House Sitters America by virtue of any such moral rights.

(c) You indemnify House Sitters America against all damages, losses, costs and expenses incurred by House Sitters America arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

9.3. REMOVAL

(a) House Sitters America acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, House Sitters America may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

10. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, House Sitters America will have no liability or obligation to you if:

(a) an Owner or Sitter cancels at any time after the time for performance of the Service Listing is agreed; or

(b) for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,

and you will not be entitled to any compensation from House Sitters America.

11. IDENTITY VERIFICATION

(a) (Verification) We may offer or require Users to verify their details (including identification, contact information, and other relevant information) using our processes or an external identity verification service as applicable (Verification Service). This may include providing identification documents such as a driver’s license, passport, or other government-issued ID.

(b) (ID Verification Service) House Sitters America may offer Sitters and Owners the option of verifying their identification and/or validating their Account using our third-party ID verification service, currently Trulioo (ID Verification Service Provider). Where the User has elected to have their identification verified in this manner, the User acknowledges and agrees that:

(i) House Sitters America may contact, connect to, or otherwise liaise with the ID Verification Service Provider to validate the User’s identification and information (Identity Check); and

(ii) the User must provide the ID Verification Service Provider with personal information, such as that detailed on their identification. The User consents to the use of such information for the purpose of the ID Verification Service Provider performing an Identity Check.

(c) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 21. Where a Verification Service is used, you acknowledge and agree that:

(i) we may contact and share your personal information with a Verification Service to verify your details;

(ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.

(d) Following a Successful Identity Check) The User acknowledges and agrees that:

(i) House Sitters America may permit the User to use verification signs or badges in connection with their Account to indicate that a successful Identity Check has been performed (Verification Badge);

(ii) the Verification Badge may be displayed on the Account, even if all Users on the Account have not been verified by an Identity Check; and

(iii) only one Identity Check will be allowed per Account.

(e) (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform (Verification Fees).

(f) (Warranty and Indemnity) You acknowledge and agree that:

(i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;

(ii) you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and

(iii) we do not endorse any User, Service Listing or Verification Service.

(g) (Limitations on Accuracy) All Users acknowledge and agree that:

(i) the Identity Check and the issuance of a Verification Badge may not be fully accurate, as they are dependent on a User’s information and/or information or checks performed by the ID Verification Service Provider;

(ii) Users should not rely on the Identity Checks or the Verification Badges, and Users should make their own inquiries as to the accuracy, legitimacy, validity, credibility, or authenticity of any Users;

(iii) House Sitters America makes no warranties, representations, or guarantees of any kind, whether express or implied, or whether under this agreement, under statute, or on any other basis, in relation to or connected with:

(A) the accuracy, legitimacy, validity, credibility, or authenticity of any Users;

(B) the performance of any Identity Check; or

(D) to the maximum extent permitted by law, House Sitters America accepts no responsibility and excludes all liability arising from, or connected with, the Identity Checks or the Verification Badges, or any use of or reliance on Identity Checks or Verification Badges, including Verification Badges over Accounts where not all members of the Account have been verified.

12. SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Platform may have errors or defects (or both, as the case may be);

(b) the Platform may not be accessible at times;

(d) information you receive or supply through the Platform may not be secure or confidential; and

(e) any information provided through the Platform may not be accurate or true.

13. INTELLECTUAL PROPERTY

(a) House Sitters America retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from House Sitters America or as permitted by law.

(c) In this clause 13, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in America and throughout the world.

14. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). House Sitters America accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

15. THIRD PARTY TERMS SUPPLIERS

(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms). Currently, Third Party Terms that may apply include:

(i) PayPal

(ii) eWay

(iii) Trulioo

(iv) Feefo

(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

16. DISPUTES BETWEEN USERS

(a)You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to House Sitters America in writing via info@housesittersamerica.com. We will assess the complaint and may assist in our discretion in accordance with the process set out in clause 17.

(c) Alternatively, Users may choose to resolve the dispute in any manner agreed between them or otherwise in accordance with applicable laws. Any costs you incur in relation to a complaint or dispute will be your responsibility.

(d) If you have a dispute with House Sitters America, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

(e) House Sitters America has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

(f) Notwithstanding any other provision of this clause 16, you or House Sitters America may at any time cancel your Account or discontinue your use of the Platform.

17. COMPLAINTS PROCEDURE

(a) In the event that there is a dispute between Users, a User may request assistance from House Sitters America in resolving such dispute, and assistance may be offered at House Sitters’ America absolute discretion.

(b) House Sitters America will consider the information provided and determine, in its sole discretion, whether action House Sitters America is required.

(d) Users agree to cooperate with House Sitters America and respond to reasonable requests for information required by House Sitters America to assist with resolving disputes with other Users.

(e) House Sitters America reserves the right to deactivate a User’s Account during the investigation if the complaint is deemed to be of a serious nature or until such time as a response from that User is provided.

(f) House Sitters America may encourage Users to resolve a dispute by suggesting an outcome based on the information provided.

(g) House Sitters America may determine, in its sole discretion, that a User is no longer suitable to remain a User and will not be permitted to continue using the Platform and the Services, at which time the User’s Account will be cancelled.

(h) House Sitters America may inform other Users of the cancellation of a User’s Account, but shall not reveal the details of any dispute.

(i) For the avoidance of doubt, House Sitters America is not a mediator or arbitrator, nor does it hold itself out as such, and it does not make any representations or guarantees in respect of the resolution of any disputes between Users, including whether a User will be compensated in respect of a dispute.

18. SECURITY

House Sitters America does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

19. LIABILITY

(a) (Limitation of Liability) To the maximum extent permitted by law and subject to clauses 2(b) and 2(c), the total liability of each party (being you, the User and us, House Sitters America) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability, or if no amount is paid by you, then $100 USD.

(b)To the maximum extent permitted by law, House Sitters America shall not be held liable for any loss, damage, injury, death, or other incidents arising from the actions or behaviour of any pet during the provision of Housesitting Services, as specified in the Pet Disclaimer for Sitters and Owners (clauses 3 of Part B and 2 of Part C respectively). The Owner shall indemnify and hold House Sitters America harmless from any claims or liability in relation to pet-related incidents.

(c) Clause 2(a) does not apply to your liability in respect of loss or damage sustained by House Sitters America arising from your breach of:

(i) PART A: clauses 1, 3.1(c), 4, 9, 11, 13 and 20;

(ii) PART B: clauses 1.1(b), 2 and 3;

(iii) PART C: clauses 1, 2 and 3.

(d) (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(e) (Consumer Law) Consumer legislation in America including the Consumers Guarantee Act (CGA) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

(f) (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by House Sitters America, except:

(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(ii) to the extent this liability cannot be excluded under the consumer protection legislation in America.

20. CONFIDENTIALITY

You agree that:

(a) no information owned by House Sitters America, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(b) all communications involving the details of other users on this Platform and of the Sitter or Owner (as applicable) are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

21. PRIVACY

You agree to be bound by the clauses outlined in House Sitters America’s Privacy Policy, which can be accessed here: https://www.housesittersamerica.com/privacy-policy.

22. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

(a) this agreement is between you and House Sitters America and not with Apple. Apple is not responsible for the Services or any content available on the Services;

(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;

(c) in the event of any failure of House Sitters America to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be House Sitters America’s responsibility;

(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation;

(e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

(f) that you represent and warrant that:

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

(g) you must comply with applicable third party terms of this agreement when using the Services; and

(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

23. TERMINATION

(a) Either House Sitters America or the User may terminate the User’s account at any time (including any Accounts, profiles or Owner Ads) for any reason.

(b) If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, House Sitters America will effect such termination within a reasonable time after receiving written notice from the User.

(i) the User’s access to all posting tools on the Platform will be revoked; and

(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests).

(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

24. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and House Sitters America will not be held accountable in relation to any transactions between Owners and Sitters where tax related misconduct has occurred.

25. RECORD / AUDIT

To the extent permitted by law, House Sitters America reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving House Sitters America.

26. NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

27. GENERAL

27.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in America. Each party irrevocably submits to the exclusive jurisdiction of the courts of America and and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

27.2. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

27.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

27.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

27.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

27.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

27.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

27.8. INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g)(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B Sitters

1. COMMUNICATION WITH OWNERS

1.1. GENERAL

(a) In consideration of making payment of the Subscription Fees (see clause 5.1), you may respond to Owner Ads.

(b) When responding to and accepting a Housesit Arrangement, you acknowledge and agree that:

(i) details of the Housesitting Services, including the price for such services (if applicable), must be agreed between you and the Owner. Housesitting Services facilitated through the Platform are either a free exchange of house sitting services for accommodation or a paid agreement between Owners and Sitters. Payment or other forms of remuneration must be agreed upon directly between the parties before the house sit is confirmed;

(ii) if you accept a Housesit Arrangement, you must take all reasonable steps to complete the Housesitting Services as described in the Housesit Arrangement that is agreed between you and the Owner, including by not cancelling any part of such a Housesit Arrangement;

(iii) you must deal with any dispute with an Owner in accordance with clause 16 of Part A;

(iv) any additional terms and conditions relating to a Housesit Arrangement or your Profile (including refund policies), or a quote provided via the Platform, are solely between you and the relevant Owner and do not involve House Sitters America in any way, except that they must not be inconsistent with your or the Owner’s obligations under this agreement; and

(v) House Sitters America will have no responsibility for the accuracy, reliability or timeliness of any Owner’s response to an Owner Ad, or Housesit Arrangement. Further, House Sitters America cannot guarantee that all Owner Ads are current at the time of viewing.

1.2. CONFIRMING AND MANAGING HOUSESITTING SERVICES

(a) (Confirmation of Housesitting Services) Once a Housesit Arrangement is agreed upon, the details of the Housesitting Services must be confirmed through the Platform. Either the Owner or the Sitter may initiate the confirmation process, which will trigger an automated email to the other party for acknowledgment.

(b) (Amendments and Cancellations) The parties agree that:

(i) the suburb and dates of the Housesitting Services can be amended by the Owner if circumstances change, provided these changes are communicated and agreed upon by both parties; and

(ii) either party may cancel the Housesitting Services before the start date of the Housesitting Services. However, it is expected that cancellation will only occur in cases of significant extenuating circumstances, such as unforeseen emergencies, health issues, or other situations beyond the reasonable control of the cancelling party.

(c) (Response Time and Reply Ratings) Users must respond to initial contact messages sent via the Platform’s in-house messaging system within 5 days.

(i) Failure to respond within this timeframe will result in a deduction of 1 point from the User's Reply Rating.

(ii) If an Owner's Reply Rating reaches 0, their current advertisement will be deactivated until they take corrective action.

(iii) Users can regain points on their Reply Rating by promptly responding to new first messages, with a ½-point increase per response.

(d) (Notifications and Reminders) Automated notifications will be sent by the Platform to encourage timely responses:

(i) an initial reminder when the first message is sent; and

(ii) additional reminders on the second and fourth instances of delayed responses.

2. PROVISION OF HOUSESITTING SERVICES

(a) If you and an Owner proceed with a Housesit Arrangement, you must ensure that the specified Housesitting Services are provided:

(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;

(ii) with due care and skill and in a professional, punctual and diligent manner;

(iii) so that the services are fit for their intended purpose;

(iv) on the dates and at the times agreed upon in the Housesit Arrangement;

(v) in accordance with any specified requirements agreed upon in the Housesit Arrangement, including but not limited to pet care, house maintenance, and pool maintenance; and

(vi) in accordance with any other requirements agreed with the Owner.

(b) You represent and warrant that:

(i) by listing yourself as a Sitter on the Platform, posting a Sitter Profile, responding to an Owner Ad or making a Housesit Arrangement, you are able to fulfil the requirements of the Housesitting Services specified in the Housesit Arrangement;

(ii) any fees expected for Housesitting Services or other charges will be communicated in your Profile and discussed with the Owner prior to the Housesitting Services being agreed;

(iii) you will notify the Owner of all the additional people (if any) who will be providing the Housesitting Services with you;

(iv) your Sitter Profile will be honest, accurate, and reflective of your skills, experience, and ability to provide housesitting services. Misleading information, exaggeration of skills, or omitting critical details is prohibited, as the integrity of the Platform relies on truthful representations;

(v) your Sitter Profile will include at least one (1) clear and recent photograph. This photo should help represent you professionally and authentically to potential Owners. It must not include any misleading or heavily edited images that may create a false impression;

(vi) your Sitter Profile must not include personal contact information, such as phone numbers, email addresses, or links to external websites, social media profiles, or other platforms;

(vii) you have not been previously convicted of an indictable offence;

(viii) you will be responsible for any repairs to the Home and/or Vehicle (if applicable) that are attributable to neglect or misuse, including any fittings, appliances, and contents, and you will immediately report any required repairs to the Owners Agent;

(ix) you will promptly report to the Owners Agent any loss, liability, and personal injury occurring to any third party (including yourself) occupying or using the Home and/or Vehicle (if applicable), or which results from an act (or failure to act) of any third party (including yourself) during any period of house sitting;

(x) you will care for any pets in accordance with the Owner’s instructions, which will include feeding, walking, grooming, washing, and taking the pet/s to the Owner’s nominated vet if required;

(xi) you will maintain any lawns, gardens, and pools as per your negotiations with the Owner;

(xii) you will cover minor costs such as, but not limited to, replacing light globes;

(xiii) you will keep the Home and Vehicle (if applicable) clean, tidy, and in good repair;

(xiv) you will replace any broken items with items of equivalent use and quality;

(xv) you will not have any visitors to the home without the Owner’s prior permission;

(xvi) you will not sublet or rent out the Home or Vehicle (if applicable);

(xvii) you will ensure that the Home and Vehicle (if applicable) are securely locked at all times;

(xviii) you will not do anything, or authorise any third party to do anything, that could terminate or invalidate any insurance cover for the Home and/or Vehicle (if applicable);

(xix) you will not smoke in the Home or Vehicle (if applicable);

(xx) you will forward any mail to the Owners Agent;

(xxi) following any period of house sitting, you will leave the Home and Vehicle (if applicable) clean, tidy, and in good repair;

(xxii) if you are permitted to use the Owner’s Vehicle:

(A) that the Owner’s Vehicle will only be driven by the Sitter unless otherwise agreed in writing;

(B) that the Sitter has the appropriate licences and documentation to legally drive the Owners’ Vehicle; and

(D) that they will immediately report to the Owners Agent any accident or mechanical failure; and

(E) that they will report any accident to the relevant authority, and

(xxiii) you will pay for any amounts that are reasonably due as a result of your responsibilities outlined above.

(c) If an Owner requests to reschedule the dates for the Housesitting Services agreed upon in the Housesit Arrangement, you may choose to accept or reject such a request.

(d) You acknowledge and agree that:

(i) if you agree to provide Housesitting Services in accordance with a Housesit Arrangement, that will constitute your offer and intention to enter into a contract with the Owner;

(ii) upon confirmation of your availability or agreement to a Housesit Arrangement, the process of confirming the Housesitting Services will be initiated through the Platform in accordance with the process set out in clause 1.2 of this Part B;

(iii) any terms and conditions relating to the Housesitting Services or a quote provided via the Platform are solely between you and the relevant Owner and do not involve House Sitters America in any way, except that such terms and conditions must not be inconsistent with your or the Owner's obligations under this agreement.

3. DISCLAIMER – PETS

(a) (No Obligation to Accept Housesit Arrangements with Pets) You are under no obligation to accept a Housesit Arrangement that includes pets. Accepting such arrangements is entirely at your discretion.

(b) (Acknowledgment of Risk) You acknowledge that interacting with or caring for pets involves inherent risks, including but not limited to personal injury, damage, or illness caused by the pet. You agree to take all necessary precautions when handling or caring for the pet during the Housesit Arrangement.

(c) (Right to Refuse Services) You retain the absolute discretion to refuse to provide Housesitting Services for any pet included in a Housesit Arrangement. If you determine that a pet does not align with the description or information provided by the Owner, including being aggressive or otherwise unmanageable, you may decline to continue the arrangement without liability to you.

(d) (Responsibility for Pet Care) Where you do agree to provide Housesitting Services with pets, you acknowledge that caring for any pets included in a Housesit Arrangement is your sole responsibility during the provision of Housesitting Services. You must follow the care requirements and instructions provided by the Owner to the best of your ability.

(e) (Costs for Pets) You are not responsible for any costs associated with the pet, including but not limited to food, veterinary services, bills, or other pet-related expenses unless explicitly agreed upon with the Owner.

(f) (Reporting Issues) If you encounter issues related to the pet’s care or safety, you must promptly notify the Owner and take reasonable steps to mitigate any risks.

(g) (Exclusion of Liability for Pet-related Incidents) To the maximum extent permitted by law, House Sitters America is not liable for any personal injury, illness, property damage, or death caused by any pets included in a Housesit Arrangement. House Sitters America disclaims all liability for incidents arising from pet-related activities during the provision of Housesitting Services. Any claims or disputes related to the pet are strictly between you and the Owner.

4. MEMBERSHIP

(a) To use the Platform, create a Sitter Profile and respond to Owner Ads, you will be required to select a membership with the inclusions as set out on the Platform (Membership) and pay the required membership fees (Membership Fees).

(b) Your Membership will be valid 12 months, or other time period stipulated on the Platform at the time of signing up for your Membership (Membership Period).

(c) (Cancellation) If you do not wish to renew your Membership, no action is required, as memberships do not renew automatically. Once your current Membership Period expires, your membership will lapse, and your account and profile will remain accessible, but you will not have access to membership benefits (such as contacting an Owner) until renewal is completed. Partial refunds are not provided for unused portions of the Membership Period.

5. FEES

5.1. MEMBERSHIP FEES

(a) (Fees) All Membership Fees and Verification Fees must be paid in advance and are non-refundable for change of mind.

(b) (Non-recurrent subscription) Your obligation to pay the Membership Fees will not renew automatically. Prior to the expiry of your Membership Period, you will receive an email notification inviting you to renew your membership. To renew, you must re-enter your payment details and actively sign up again for a new Membership Period. If you do not complete the renewal process before the expiry date, your membership will lapse. However, your account and profile will remain accessible, but you will not have access to membership benefits (such as contacting an Owner) until renewal is completed.

(d) (Online Payment Provider) We may use third-party online payment partner, currently PayPal and eWay (Online Payment Partner) to collect payments on the Platform, including for our Services.

(i) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.

(ii) You agree to release House Sitters America and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

(iii) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

(e)(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(f) (Changes to Membership Fees) We may, from time to time, change our Membership Fees and provide you with 10 Business Days' notice prior to the changes. During this time, you have the opportunity to cancel your Membership with us. These changes will apply only to new Membership Periods. If you choose to renew your membership after the updated Membership Fees take effect, the new fees will apply. You are not obligated to renew your membership, and no changes will apply to your current Membership Period..

(g) (Pricing errors) In the event that we discover an error or inaccuracy in the Membership Fees for your Membership, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of subscribing at the correct Membership Fees or cancelling your Membership. If you choose to cancel your Membership and the Membership Fees have already been debited, the full amount will be credited back to your original method of payment.

(h) (Late payments) We reserve the right to suspend all or part of the Services indefinitely if you fail to pay any Membership Fees in accordance with this clause 5.1.

5.2. HOUSESITTING FEES

The cost of providing the Housesitting Services specified in each Housesit Arrangement will be as agreed between you and an Owner (Quoted Amount). Housesitting Services facilitated through the Platform are either a free exchange of house sitting services for accommodation or a paid agreement between Owners and Sitters. Payment or other forms of remuneration must be agreed upon directly between the parties before the house sit is confirmed.

6. REFUNDS & CANCELLATIONS

(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Housesit Arrangement, before you have performed all the relevant Housesitting Services, you must contact the Owner, including by providing details as to why you are cancelling.

(b) House Sitters America will not be involved in any refund or cancellation issues between you and an Owner. House Sitters America may, at its discretion, choose to investigate issues where there has been more than one cancellation.

7. CONTACTING ON BEHALF OF THIRD PARTIES

You acknowledge and agree that, as a Sitter, you are prohibited from contacting Owners on behalf of any third party, including any housesitting businesses or agencies. If you are employed by or represent a housesitting business, you must contact Owners solely in your individual capacity as the Sitter. Any communication, agreement, or interaction with Owners must be made directly by you as the sole employee of the business and not on behalf of any other parties.

8. LINKED BUSINESSES

You acknowledge and agree that:

(a) the Platform provides links and introductions to Owners owned and operated by third parties that are not under the control of House Sitters America;

(b the provision by House Sitters America of introductions to Owners does not imply any endorsement or recommendation by House Sitters America, solvency or information of any Owner who uses or is listed on the Platform; and

(d) any terms and conditions relating to a Housesit Arrangement or quote provided via the Platform constitute a contract between you and the Owner once agreed do not involve House Sitters America in any way.

Part C Owners

1. OWNER RESPONSIBILITIES AND WARRANTIES

(a) (Age Verification) You must verify that any Sitter is over 18 years old.

(b) (Insurance Requirement) You must maintain adequate insurance for your house and its contents which covers you for a Sitter residing in your home during the period the Housesitting Services are provided.

(c) (Landlord approval) Where a home is rented or leased, the landlord or any agent engaged by the landlord must provide full approval for the tenant to act as the Owner. The tenant is then classified as an 'Owner' as for the purposes of this agreement.

(d) (Responsibility for Vetting) It is solely your responsibility to vet and assess any Sitter before accepting them to provide Housesitting Services. The Platform does not conduct any background checks or vetting of Sitters.

(e) (Platform Disclaimer) The Platform acts solely as an intermediary and is not responsible for any cancelled services, including any associated third-party costs such as travel expenses.

(f) (No Rental Fees) The Platform is not a rental site. Owners are not permitted to charge rent, even at a reduced rate, to Sitters under any circumstances. A Sitter may, however, contribute to utilities if such an arrangement is expressly agreed upon in writing between the Owner and the Sitter.

(g) (Owner Ad Limitations) You may only approach Sitters or list Owner Ads for your own property. You cannot advertise on behalf of a third party.

(h) (Exclusive Occupancy) No other individuals, including but not limited to flatmates, family members, or elderly parents, may reside or be present in the house during the provision of the Housesitting Services.

(i) (Caretaker Duties) If caretaker duties are required (e.g., AirBNB management), this is an agreement that must be entered into separately between the Owner and the Sitter, and appropriate remuneration is expected to be provided to the Sitter for these additional services.

(j) (House Conditions) You must ensure that the House is safe and clean for the Sitter.

(k) (Security & Pet Cameras) If the House has security and pet cameras, the Owner must:

(i) advise the Sitter of the existence and location of all security cameras that are installed both inside and outside the House, prior to an agreement being made;

(ii) turn of all internal and pet security cameras for the duration of the Housesitting Services period. External security cameras may remain active.

(l) (Payment Obligations) You represent and warrant that all land rates, property taxes, utilities, mortgage payments, body corporate fees, television/radio licenses, fire, police, ambulance, and other emergency service levies, as well as any other levies, rates, taxes, charges, tolls, and/or tithes that are payable by you, are current and will continue to be paid throughout the Housesitting Services period.

(m) (Condition of Property) You represent and warrant that all fittings and appliances, including smoke alarms where required by law, are in good working order immediately prior to the commencement of any Housesitting Services period.

(n)(Responsibility for Repairs) You will be responsible for and bear the cost of any repairs required for your Home and/or Vehicle (if applicable) that are attributable to normal wear and tear, including any fittings, appliances, and contents (as relevant).

(o) (Vehicle Use) Owners who allow Sitters to use their Vehicles during any period of housesitting represent and warrant that:

(i) the Vehicle complies with all relevant legal and regulatory requirements for use;

(ii) the Vehicle is in good working condition;

(iii) the Vehicle has been recently serviced;

(iv) they will provide the Sitter with documentation detailing information on the Vehicle's registration and insurance policy;

(v) they will provide the Sitter with a list of any minor defects affecting the Vehicle;

(vi) they will inform the Sitter of any specific operational instructions or requirements for the Vehicle, including but not limited to fuel type, handling instructions, and emergency procedures;

(vii) they will disclose any restrictions on the use of the Vehicle, such as geographic limitations or prohibitions on towing or transporting goods;

(viii) they will ensure that the Vehicle has a full tank of fuel upon commencement of the housesitting period, unless otherwise agreed.

2. DISCLAIMER – PETS

(a) (Complete & Accurate information) If a pet is included in the Housesit Arrangement, you must provide complete and accurate information about the pet in the Housesit Arrangement, including but not limited to:

(i) the type and breed of the pet;

(ii) the pet’s behaviour, temperament, and any special needs or concerns;

(iii) detailed care requirements, including feeding schedules, exercise routines, medical needs, and any specific instructions for the pet’s care; and

(iv) any other relevant details necessary for the proper care and management of the pet during the Housesitting Services.

(b) (Suitability of Pets) You warrant that any pet included in a Housesit Arrangement is suitable for care by a Sitter and does not pose a risk of harm, including aggression towards the Sitter or others. If the pet is deemed unsuitable or fails to meet the description provided, the Sitter may refuse or terminate the Housesit Arrangement without liability.

(c) (Costs for Pets) All costs associated with the pet, including but not limited to food, bills, veterinary services, and any other pet-related expenses, are the responsibility of the Owner, not the Sitter. The Sitter is not required to cover or arrange any of these costs unless explicitly agreed upon by both parties.

(d) (Liability for Pet-related Incidents) You are responsible for any personal injury, property damage, or other losses caused by your pet during the Housesitting Services. To the maximum extent permitted by law, House Sitters America is not liable for any such incidents, and you agree to indemnify and hold harmless House Sitters America for any claims arising from your pet’s actions or behaviour.

(e) (No Obligation to Accept Care of Pets) You acknowledge that Sitters are under no obligation to accept Housesit Arrangements involving pets and may choose to decline or terminate such arrangements if they deem the pet unsuitable or the information provided inaccurate.

(f) (Compliance with Laws) You must ensure that your pet complies with all applicable laws, including licensing, vaccinations, and containment requirements, during the provision of Housesitting Services.

(g) (Communication and Updates) If requested by the Sitter, you must remain accessible during the Housesit Arrangement to provide guidance or clarification on the pet’s care as needed.

(h) (Exclusion of Company Liability) To the fullest extent permitted by law, House Sitters America disclaims any liability for loss, damage, or injury caused by your pet to the Sitter or any third party during the provision of Housesitting Services.

3. HOUSESIT ARRANGEMENTS – OWNER ADS AND DIRECT CONTACT

3.1. GENERAL

(a) When you submit an Owner Ad, contact a Sitter directly or otherwise communicate for a Housesit Arrangement on the Platform, you must:

(i) only submit requests that are bone fide and accurate;

(ii) include relevant information, including but not limited to:

(A) the location of the house;

(B) the dates required for the Housesitting Services;

(D) whether pets are involved and any pet care requirements;

(E) any gardening duties required;

(F) the presence of stairs or other mobility factors;

(G) whether there is a pool and any associated maintenance tasks;

(H) whether the Sitter will have use of the Vehicle;

(I) clear and recent photographs of the Home, including both the interior and exterior, to provide the Sitter with an accurate representation of the property;

(J) details of any security cameras on the property, specifying their location. For privacy, any internal security cameras must be disclosed and turned off during the Housesitting period;

(K) if Sitters are required to contribute to utility costs, this must be clearly stated upfront and agreed upon in writing between the Owner and the Sitter,

(iii) truthfully fill out all the information requested by the Platform in relation to the Owner Ad.

(b) You acknowledge and agree that:

(i) if you agree to provide Housesitting Services in accordance with a Housesit Arrangement, that will constitute your offer and intention to enter into a contract with the Sitter;

(iii) any terms and conditions relating to Housesitting Services or a quote provided via the Platform are solely between you and the relevant Sitter and do not involve House Sitters America in any way, except that such terms and conditions must not be inconsistent with your or the Sitter’s obligations under this agreement.

3.2. CONFIRMING AND MANAGING HOUSESITTING SERVICES

(b) (Amendments and Cancellations) The parties agree that:

(i) the suburb and dates of the Housesitting Services can be amended by the Owner if circumstances change, provided these changes are communicated and agreed upon by both parties; and

(c) (Response Time and Reply Ratings) Users must respond to initial contact messages sent via the Platform’s in-house messaging system within 5 days.

(i) Failure to respond within this timeframe will result in a deduction of 1 point from the User's Reply Rating.

(ii) If an Owner's Reply Rating reaches 0, their current advertisement will be deactivated until they take corrective action.

(iii) Users can regain points on their Reply Rating by promptly responding to new first messages, with a ½-point increase per response.

(d) (Notifications and Reminders) Automated notifications will be sent by the Platform to encourage timely responses:

(i) an initial reminder when the first message is sent; and

(ii) additional reminders on the second and fourth instances of delayed responses.

4. MEMBERSHIP

(a) To use the Platform, create an Owner Profile and message Sitters, you will be required to select a membership with the inclusions as set out on the Platform (Membership) and pay the required lifetime membership fee (Membership Fees).

(b) Once payment has been made you have access to a lifetime membership as an Owner. If you wish to use the Platform as a Sitter you will need to pay the relevant yearly membership fee.

(c) (Cancellation) If you do not wish to continue with your membership you can cancel your account. Membership fees are non-refundable for change of mind.

5. MEMBERSHIP FEES

5.1. MEMBERSHIP FEES

(a) (Fees) All Membership Fees and Verification Fees must be paid in advance and are non-refundable for change of mind.

(b) (Non-recurrent subscription) Membership Fees for home owners are a once-only payment for a lifetime membership.

(i) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.

(iii) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

(e) (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(f) (Changes to Membership Fees) We may, from time to time, change our Membership Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Membership with us. These changes will apply only to new Membership Periods. If you choose to renew your membership after the updated Membership Fees take effect, the new fees will apply. You are not obligated to renew your membership, and no changes will apply to your current Membership Period..

(h) (Late payments) We reserve the right to suspend all or part of the Services indefinitely if you fail to pay any Membership Fees in accordance with this clause 5.1.

5.2. HOUSESITTING FEES

The cost of providing the Housesitting Services specified in each Housesit Arrangement will be as agreed between you and a Sitter (Quoted Amount). Housesitting Services facilitated through the Platform are either a free exchange of house sitting services for accommodation or a paid agreement between Owners and Sitters. Payment or other forms of remuneration must be agreed upon directly between the parties before the house sit is confirmed.

6. CANCELLATIONS

(a) House Sitters America will have no liability or obligation to you if a Sitter cancels Housesitting Services agreed upon in a Housesit Arrangement after it has been agreed and you will not be entitled to any compensation from House Sitters America in relation to any such cancellation, including any third party costs or cancelled travel expenses.

(b) If you wish to cancel Housesitting Services agreed upon in a Housesit Arrangement, before the Sitter has performed them, you must contact the Sitter. If House Sitters America decides to investigate your cancellation, you must provide assistance and information to House Sitters America as reasonably requested.

7. LINKED BUSINESSES

You acknowledge and agree that:

(a) the Platform provides links and introductions to Sitters owned and operated by third parties that are not under the control of House Sitters America;

(b) the provision by House Sitters America of introductions to Sitters does not imply any endorsement or recommendation by House Sitters America of any Sitter;

(c) House Sitters America does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Sitter who uses or is listed on the Platform; and

(d) any terms and conditions relating to an Owner Ad or quote provided via the Platform constitute a contract between you and the Sitter once agreed do not involve House Sitters America in any way.

For questions and notices, please contact:

Itchyfoot Pty Ltd ACN 154 572 577

info@housesittersa merica.com

Last update: 25 March 2025

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