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Terms & Conditions

The following terms and conditions govern the use of the Sleep Around website. It is important that you read and understand these terms before creating and account with Sleep Around, or using any of the services provided by the site.

  1. Acceptance of terms and conditions: The terms and conditions listed here are the terms by which Focus Accommodation Ltd offer you the services provided by the Sleep Around website. By visiting the site, you accept these terms and conditions, and if you do not accept these terms and conditions, you must refrain from using the services provided by the Sleep Around website.
  2. Amendment of terms and conditions: These terms and conditions may be updated from time to time. These changes will become effective immediately, and you are responsible for ensuring you are familiar with the latest terms and conditions. The latest version will always be available here. These terms were last updated on 14th November 2011.
  3. Definitions: "Host" - refers to an accommodation provider (also a Member) who has created a listing on Sleep Around
    "Guest" - refers to a Member who requests a booking on Sleep Around, or a member who is party to a booking who is not the Host
    "Member" - refers to any user that has completed Sleep Around's registration process, or connected via a third party service such as Facebook, and includes both Hosts and Guests.
    "Member Content" - refers to any content on Sleep Around added by a member, such as listings, communication, reviews and profiles
    "Sleep Around" - refers to the website www.sleeparound.co.nz, owned by Focus Accommodation Ltd
    Note that the same Member can act as both a Host and a Guest
  4. Services: Sleep Around is a venue for Members to find accommodation providers (Hosts) and book online. Bookings constitute a binding contract between the Host and the Guest. Sleep Around provides certain processes to facilitate the booking process, and charges the Guest a small fee for this convenience, but is not party to any transaction or agreement between the Host and the Guest.
  5. No endorsement: Sleep Around does not endorse or make any claim as to the accuracy of any Member Content. Sleep Around does not perform any identity or background checks or verify any Member Content.
  6. Membership: Creating an account on Sleep Around is free, and subject to the following conditions
    1. Eligibility: Creating an account on Sleep Around is free. You may only register as a member if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
    2. Accurate information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Sleep Around to ensure it is kept current at all times. Sleep Around may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).
    3. Conduct: You are responsible for any actions taken through your membership. Sleep Around memberships and listings are not transferable and therefore can not be sold, leased, lent or traded. You must not damage, interfere with or harm the Website or Services, or any network or system underlying or connected to them, or attempt to do so.
    4. Termination of membership: Sleep Around reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Sleep Around may terminate your membership if a serious complaint or multiple complaints are received about you from other website users, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
    5. Security of your login information: You are responsible for keeping your login information, including your e-mail address and password, secret and secure. Without limiting the foregoing, you agree not to permit any other person to use your login information or membership, and not to disclose or provide your e-mail address, password, or any other information in connection with your membership that may allow them to gain access to your account.
    6. Third party services: Sleep Around allows users to connect and log in with certain third party services, such as Facebook. Your relationship with such third parties is governed solely by your agreements with the respective third parties. Sleep Around does not endorse or make any claims to the accuracy of content provided by these third party services.
  7. Listing: Sleep Around provides the ability for Members that are accommodation providers to list their accommodation. All listings are subject to the following terms.
    1. Listing content: All listings must accurately reflect the true nature of any accommodation, to the best knowledge of the member creating the listing. Listings are subject to the Fair Trading Act 1986. You shall not directly list your email address, phone number or any other contact detail within the description of your listing. All initial listing communication must be made via the listing contact form. You must not use the Sleep Around website to promote anything other than the specific accommodation in your listing. You must only advertise one accommodation option per listing. For example, multiple houses or apartments in different physical locations must be listed separately.
    2. Fees: There are currently no fees or commission for Hosts listing accommodation on Sleep Around. However, Sleep Around reserves the right to change their fee structure at any stage. Hosts will be advised of any changes via email to their registered email address.
    3. Pricing: All listing prices must be in New Zealand Dollars, and include GST (if applicable). The Host is responsible for compliance with any applicable tax laws, such as GST registration. If a host is GST registered, or required to be, they must include GST in all the prices they display on Sleep Around.
    4. Interest: Hosts are not entitled to interest payments on any funds being held by Sleep Around.
    5. Receiving bookings: Hosts can receive booking requests for their listings. This represents an offer by the Guest to book a listing for specific dates, at a specific price. The Host can confirm or decline this offer, and has 24 hours to do so before the offer expires. If the Host confirms, this represents acceptance of the offer, and forms a binding contract between the Host and the Guest for the accommodation services in question. All bookings are accepted at the Host's own risk.
    6. Insurance: Sleep Around does not currently provide any form of insurance to Hosts. Hosts are advised to ensure their insurance policy extends to cover the actions of Guests on their property.
    7. Payment: For security, Sleep Around holds the entire booking payment in their own account and released 24 hours after the Guest checks in. During this time, these funds will be displayed as 'pending' on the Host's 'my account' page. After funds are released, they will be displayed as 'available' in the Host's 'my account' page, and can be paid out to any NZ bank account on request. Sleep Around may take certain steps to verify the ownership of this bank account.
  8. Booking Accommodation:
    1. The Host, not Sleep Around, is responsible for honouring any booking made through the Sleep Around website.
    2. The Guest agrees to honour and abide by any additional terms imposed by the Host, usually specified in the 'House Rules' section on the listing.
    3. By placing a booking, the Guest understands that this represents an formal offer to make a booking, and if confirmed by the Host, forms a binding agreement between the Guest and the Host. The Guest's credit card will only be charged if the booking is confirmed by the Host within 24 hours.
    4. The guest agrees to leave the property in the state they found it, and treat any other Guests and the Host with respect and consideration.
  9. Resolution of disputes: As Sleep Around is not a party to any agreement or transaction between the Host and the Guest, both parties agree not to involve, or attempt to involve, Sleep Around in any dispute or in the resolution of disputes that arise as a result of the services provided by the website. However, either party is encouraged to contact Sleep Around solely for the purposes of informing them of the situation. Any action subsequently taken by Sleep Around is at Sleep Around's discretion. For example, if the Guest causes damage to the Host's property, Sleep Around may disable the Guest's membership, and in the case of criminal activity, pass on relevant information to the Police. In the event that the Guest arrives at a property that has been significantly misrepresented in its Sleep Around listing, we encourage the guest to contact us as soon as possible so we can prevent the booking payment being released to the Host pending further investigation.
  10. Cancellation:
    1. Cancellation by Host: If the Host cancels a booking, the Guest will be refunded in full. Depending on the situation, Sleep Around reserves the right to charge the Host a cancellation fee.
    2. Cancellation by Guest: If the Guest cancels a booking before it has been confirmed by the Host, the Guest's credit card will not be charged. If the Guest cancels a booking after it has been confirmed, the booking fee is forfeited, and the remaining amount will be refunded according to the Host's cancellation policy
  11. Third party content: From time to time, Sleep Around may display links and/or content to/from external, third party websites. Sleep Around does not necessarily endorse this third party content, and is not responsible for its accuracy.
  12. At your own risk: Use of the Sleep Around website is conducted entirely at your own risk. You agree that Sleep Around takes no responsibility or liability for any misconduct of any of its members, including, without limitation, members that have registered under false pretences or who attempt to defraud you. Sleep Around gives no undertakings, representations, or guarantees in relation to accommodation listed on the site.
  13. System integrity: Sleep Around will take reasonable measures to ensure the availability of the Sleep Around website, subject to any downtime required for maintenance. However, Sleep Around takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the website being unavailable. Further, Sleep Around assumes no responsibility for the corruption of any data or information held by us.
  14. Communication: Sleep Around may contact you from time to time with e-mails relating to your membership, transactions and other activities on the website, and for informing you of important developments on the Sleep Around website, in accordance with our privacy policy.
  15. Privacy: Sleep Around collections personally identifiable information through your use of our site. For more information on what information we collect, and how we handle this, please review our privacy policy.
  16. Intellectual Property: Focus Accommodation Ltd (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, and icons) and the software and other material underlying and forming part of the Services and the Website. You may not, without prior written permission, in any form or any means, adapt, reproduce, copy, store, distirbute, print, display, perform, publish or create derivative works from any part of this website. You may not commercialise, copy or on-sell any information obtained from any part of this website.
  17. Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Sleep Around or Focus Accommodation Ltd to you or any other person, under or in connection with these terms and conditions, or in connection with the services provided by the Sleep Around website, another website user's acts or omissions, or your use of or inability to use the services provided by this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Sleep Around's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
  18. Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of the Sleep Around website, your rental or attempted rental of accommodation, or arising out of any content or listing you submit, post, transmit, or make available through the website.
  19. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
  20. Partial invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
  21. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
  22. Breach of conditions: Without limiting any other rights and remedies available to Sleep Around, Sleep Around may limit your activities on the website, remove your listings, warn other website users of your actions, issue a warning to you, suspent or terminate your account, or refuse to provide our services to you if you breach these terms and conditions or where Sleep Around considers it appropriate.
  23. Clarification: If you are unsure about any of these terms and conditions, please use the contact form to request clarification before using the Sleep Around website.