Jump Private Equity Pty Ltd ACN 619 280 072 trading as KeyNinja
Last updated on 31st December 2019
These terms constitute a legally binding agreement between KeyNinja and you, being the owner and/or manager or controller of a residential property which you let out on a short term basis (“Hosts”). These terms (“Host Terms”) record the entire agreement between a Host and KeyNinja and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of the Host Terms.
1. Scope of KeyNinja Services
1.1 KeyNinja provides services to Hosts and guests to arrange 24/7 access to properties owned and/or controlled by the Hosts (“Property”) through an online services scheduling facilitation platform. KeyNinja provides a scheduling platform that facilitates multi-party tracking of guest and service providers, aligning both guest arrival and departure times and facilitating the provision of services such as transport, concierge, housekeeping and other functions (“KeyNinja Platform”). The KeyNinja Platform is applicable to all types of products that are required to be delivered or exchanged on behalf of someone, in connection with the Property.
1.2 As the provider of the KeyNinja Platform, KeyNinja does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply the Host services. Hosts alone are responsible for their Host services. When a party makes or accepts a booking via a third party accommodation booking platform (“Guests”), these Guests are entering into a contract directly with the Host. KeyNinja is not and does not become a party to or other participant in any contractual relationship between Hosts and Guests.
2. Account Registration
2.1 Hosts must register an account with KeyNinja by providing their full name and email address to KeyNinja in order to access and use the KeyNinja Platform to manage their bookings for the Property (“KeyNinja Account”).
2.2 Hosts can register an account with KeyNinja using an email address and creating a password, or through an account with certain third-party social networking services, such as Facebook or Google (“Other Account”). Hosts can also connect their Airbnb account so that KeyNinja can retrieve all of their current bookings and Hosts can use the one platform to manage all of their bookings. Hosts have the ability to disable the connection between their KeyNinja Account and their Airbnb or Other Account at any time, by accessing the “Connected Accounts” section of the KeyNinja Platform.
2.3 Hosts must provide accurate, current and complete information during the registration process and keep their KeyNinja account page information up-to-date at all times.
2.4 Hosts may not register more than 1 KeyNinja Account unless KeyNinja authorizes this. Hosts may not assign or otherwise transfer their KeyNinja Account to another party.
2.5 Hosts are entirely responsible for maintaining the confidentiality and security of their KeyNinja Account credentials and may not disclose their credentials to any third party. Hosts must immediately notify KeyNinja if they know or have any reason to suspect that their credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of their KeyNinja Account. Hosts are liable for any and all activities conducted through their KeyNinja Account, unless such activities are not authorised by the Host and they are not otherwise negligent (such as failing to report the unauthorised use or loss of their credentials) in respect of maintaining the security over their KeyNinja Account.
2.6 The access to or use of certain areas and features of the KeyNinja Platform may be subject to separate policies, standards or guidelines, or may require that Hosts accept additional terms and conditions before they can access the relevant areas or features of the KeyNinja Platform. If there is a conflict between these Host Terms and terms and conditions applicable to a specific area or feature of the KeyNinja Platform, the latter terms and conditions will take precedence with respect to the Hosts access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Direct Debit
3.1 After a Host has successfully registered their KeyNinja Account, the Host will be prompted to sign up for a direct debit facility through a third party who will remit payment from the Hosts to KeyNinja (“Direct Debit”). If a Host fails to complete the Direct Debit form within 7 days of registering their KeyNinja Account, KeyNinja reserves the right to restrict, suspend or terminate the Hosts KeyNinja Account.
3.2 The Host must provide KeyNinja with the bank account name, email address linked to the bank account, bank account number and BSB number.
3.3 The Host consents to the Direct Debit method of payment and authorises KeyNinja to debit their account for all fees due and payable to KeyNinja pursuant to the Host Terms.
4.1 KeyNinja has pre-approved pricing for all of its services as advertised on the KeyNinja website, accessible via the URL https://keyninja.io/. These prices may be changed at any time at the discretion of KeyNinja. Hosts will be notified of any price changes via the KeyNinja Platform.
4.2 Hosts must pay the relevant fees to KeyNinja for the services selected by the Host via the KeyNinja Platform, which the Hosts wish KeyNinja to provide. KeyNinja requires all pre-approved fees to be paid by the Host by Direct Debit. KeyNinja will notify the Host at least 7 days prior to debiting the Hosts account (“Notice Period”). If the Host wishes to dispute the charges they can do so within the Notice Period. Except as otherwise provided on the KeyNinja Platform, these fees are non-refundable.
5. Booking modifications and cancellations
5.1 KeyNinja is not responsible for any cancellations or modifications made to a booking by a Host or a Guest in connection with a Property. Hosts and Guests are responsible for any changes made to a booking for the relevant Property and the Host must inform KeyNinja of any modifications made to a booking for the Property. If the Host fails to inform KeyNinja of any modifications made to a booking and KeyNinja have carried out the selected services requested by the Host, the Host must still pay KeyNinja the relevant fee for that service and the Host irrevocably authorises KeyNinja to deduct the relevant fee from the Host’s bank account pursuant to the operation of clause 3 of the Host Terms.
5.2 If a Guest fails to inform KeyNinja of a delay in checking-in at the Property, KeyNinja will charge the Host a rebooking fee of up to $50 plus GST and it is a matter for the Host as to whether and how it seeks to recover this rebooking fee from the Hosts Guests.
6. Obligations of Hosts
6.1 The Host represents and warrants that:
(a) They are authorised to use the Property for short term rental; and
(b) The Host will remove or safely secure any valuable, fragile, sentimental items from the Property before the Property is to be occupied by the Guest. This includes but is not limited to cash, jewellery, antiques, expensive art and items of sentimental value.
7. Ratings and Reviews
7.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a ninja star rating (“Rating”) about their experience with KeyNinja.
7.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
8. Modification of these Host Terms
KeyNinja reserves the right to modify these Host Terms at any time in accordance with this provision. If changes are made to these Host Terms, KeyNinja will post the revised Host Terms on the KeyNinja Platform and update the “Last Updated” date at the top of these Host Terms. KeyNinja will also provide all Hosts with notice of the modifications by email at least 30 days before the date they become effective. If a Host disagrees with the revised Host Terms, they may terminate this agreement with immediate effect. KeyNinja will inform all Hosts about their right to terminate the agreement in the notification email. If a Host does not terminate this agreement before the date the revised Host Terms become effective, continued access to or use of the KeyNinja Platform will constitute acceptance of the revised Host Terms.
9.1 The Host may terminate this agreement at any time by sending KeyNinja an email or by deactivating their KeyNinja Account.
9.2 The Host agrees that the termination of this agreement shall not affect any confirmed reservations and the Host must honor all confirmed reservations made via the KeyNinja Platform prior to ending this agreement.
9.3 This agreement can be terminated at any time after the final confirmed booking of a respective Property on the KeyNinja Platform has been completed.
9.4 The Host may at any time cancel any and/or all services requested to be performed that they have previously requested via the KeyNinja Platform which have not yet been confirmed by KeyNinja.
9.5 KeyNinja may terminate this agreement for convenience at any time by giving the Host 30 days’ notice via email to the Hosts registered email address.
9.6 KeyNinja may immediately, without notice, terminate this agreement and/or stop providing access to the KeyNinja Platform if a Host has:
(a) materially breached their obligations under these Host Terms;
(b) violated applicable laws, regulations or third party rights; or
(c) KeyNinja believes in good faith that such action is reasonably necessary to protect the personal safety or property of KeyNinja or third parties.
9.7 If KeyNinja has terminated this agreement, the Host is not entitled to a restoration of their KeyNinja Account or any of their content published on their KeyNinja Account. If a Hosts access to or use of the KeyNinja Platform has been limited or their KeyNinja Account has been suspended, a Host may not register a new KeyNinja Account or access and use the KeyNinja Platform through a KeyNinja Account of another Host.
10. Intellectual Property
10.1 Copyright rights subsist in the features, information, and materials provided and depicted through the KeyNinja Platform. All text, graphical content, video, data, and other content made available through our platform and services are provided to Hosts by KeyNinja or its partners or licensors solely to support Hosts permitted use of our platform and services.
10.2 No license, right, or interest in any trademarks of KeyNinja or any third party is granted under this agreement.
11.2 Any communication or material provided by a Host to the KeyNinja Platform by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988 (Cth).
12. Warranties and Representations
12.1 The use of the KeyNinja Platform is at the Hosts own risk. The KeyNinja Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
12.2 None of KeyNinja’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the KeyNinja Platform.
13. Third-Party Contractors
13.1 The Host and Guest may request at any time during a Guests stay at the Property services to be provided or procured by KeyNinja (“KeyNinja Services”).
13.2 The Host acknowledges and agrees that KeyNinja engages third party contractors to carry out the KeyNinja Services requested by the Host for the benefit of the Guest at the Host’s Property.
13.3 In the event of any loss and/or damage to the Property (including any personal or other property located at the Property) and/or if any items on the Property are stolen or damaged, it is the Host’s responsibility to ensure they have an appropriate insurance policy in place to cover these types of losses and/or damage, as KeyNinja disclaims all liability in respect of this loss and/or damage.
14. General Provisions
All Hosts agree to release, defend, indemnify, and hold KeyNinja and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with these Host Terms. This indemnity shall survive the expiration or termination of this agreement.
Hosts may not assign or transfer any benefit conferred by these Host Terms, by operation of law or otherwise, without KeyNinja’s prior written consent. Any attempt by the Host to assign or transfer any benefit conferred by these Host Terms, without such consent, will be void and of no effect. KeyNinja may assign or novate these Host Terms, at its sole discretion, without restriction. Subject to the foregoing, these Host Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
14.3 Governing Law
These Host Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Hosts submit to the exclusive jurisdiction of the courts of Victoria, Australia and the Federal Court of Australia sitting in Victoria.
Unless specified otherwise, any notices or other communications to Hosts permitted or required under this agreement, will be in writing and given by KeyNinja via email, KeyNinja Platform notification, or messaging service (including SMS).
14.5 Waiver and Severability
The failure of KeyNinja to enforce any right or provision of these Host Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of KeyNinja. Except as expressly set forth in these Host Terms, the exercise by either party of any of its remedies under these Host Terms will be without prejudice to its other remedies under these Host Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Host Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Host Terms will remain in full force and effect.
KeyNinja welcomes and encourages feedback, comments and suggestions for improvements to the KeyNinja Platform (“Feedback”). Hosts may submit Feedback by emailing us, through the Contact section of the KeyNinja Platform, or by other means of communication. Any Feedback submitted will be considered non-confidential and non-proprietary to the Host. By submitting Feedback to KeyNinja, the Host grants KeyNinja a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to the Host.