General Terms of Use of Nomador ("Terms")

These terms were modified on 26 January 2014.

Please read these Nomador General Terms of Use attentively (hereinafter known as "Terms" or "General Terms of Use"), before using the website accessible on www.nomador.com (hereinafter known as "Website"), operated by Nomador Pty Ltd (A.C.N. 164 864 457) (hereinafter known as "us" or "our").This Agreement defines general provisions framing the use of services available to you on the Website.

By accessing or using the Website in any manner, including, but not limited to, visiting or browsing the Website, or contributing content or other materials, you hereby agree to be bound by these General Terms of Use as determined herein and by the General Terms of Service and confidentiality Policy that may be consulted on the Website.

Nomador Website
The Website is a community house-sitting platform, being a space open to interaction by users namely home-owners seeking to have their home looked after when they are absent and house-sitters seeking to stay in that accommodation. The Website enables home-owners and house-sitters to communicate through an internal email system.

Use of the Website is restricted to private individuals only. There shall be considered a Website user any person visiting the Website and/or using the services proposed by or through that Website.

Level of Services
The Website gives access to three levels of service, all governed by these General Terms of Use:

  • services on open access (wholly free of charge),
  • services restricted to registered persons only (wholly free of charge) who have communicated their email address, this address having been confirmed by clicking on the Request for Confirmation link sent by us to that same address,
  • subscriber-only services, i.e. persons who have paid an agreed amount to access said services.
  1. Open access services: These services include browsing Website information pages and the summary list of offers of accommodation from home-owners (without being able to access details of an offer or to contact the owner.
  2. Services restricted to registered persons: Registered persons may furthermore:
    • Complete their profile, that is, provide information about their identity, preferences, etc.,
    • Publish and offer of accommodation that can be consulted both by registered persons and subscribers,
    • Contact a home-owner who has listed an offer of accommodation that is not restricted to subscribers only (in the limit of the number of free contacts allowed through the Discovery Option).
    • Issue and receive endorsements, sent to and received from other subscribers.
  3. Services restricted to subscribers only: Subscribers may additionally:
    • Restrict viewing of their offer of accommodation to other subscribers only,
    • Contact home-owners who have posted an offer of accommodation restricted to subscribers only.
    • Apply to adverts with no limit on number of applications
    • Display written endorsements on their Profile, after being evaluated.

Registration - User Account
Nomador enables you to register on the Website with your email address and a password of your choice. The email address that you communicate to us is used as a log-in when you connect to the Website and as the address to which we send you emails. To be registered you must have clicked on the confirmation link contained in the email that we send you in response to your request for registration. This allows us to check that your email address exists and functions as the means whereby we are able to communicate with you.

When you log on to the Website as a registered person, you access it on a personal basis, which means that the information you receive and send is determined by your personal identity. You therefore have and keep personal control over the contact that you seek to make or not to make with other users.

The combination of your email address and your password is known as your User Account. It is your responsibility to protect your User Account by not disclosing it, in particular your password, which you are advised should be devised as secure as possible (e.g. by avoiding the use of facile sequences such as "123", etc.). You are wholly responsible for the use that is made of your User Account and we disclaim all liability in the event of loss or theft affecting your User Account. You can modify your password whenever you wish. You are also entitled to request that your User Account be terminated and all your personal information on the Website deleted.

Furthermore, when you log on to the Website using your User Account you recognise and accept that:

  • The data (information, messages, images, etc.) that we receive through this User Account are identified without possible dispute as having been supplied by your direct action and said data shall be deemed of an identical standing as written material supplied directly by yourself;
  • We may make use of the paper printout of the information sent from your User Account, notably messages that you send to other users to provide evidence of content.

Finally, all information that you communicate to us through your User Account is governed by our confidentiality policy.

Identity Documents
The Website enables you to upload identity documents in order to increase your "Trust Index", i.e. the rating assigned to you by the Website based on the proof of identity that you communicate. Uploading of your ID documents is proposed in encrypted mode (Https protocol) to improve the security of transmission without our being held in any way liable in the event of fraudulent interception of data or documents at the time of said transmission.

We commit not to use the identity documents transmitted by yourselves to us for any purpose other than verification. In all cases, we commit to not communicating your identity documents to any person whatsoever including any and all images or information contained therein.

Before you get in contact with a home-owner, you need to have at least one ID document or proof of domicile validated.

All documents you send are examined by a website moderator. They are automatically deleted from the servers as soon as the moderator validates (or refuses to validate) them. No proof of domicile or ID is kept. All personal records are definitively deleted

The verification of the documents you send to us is assured by ourselves manually, through our moderator team. Moderators may accept or reject a document on viewing it. Documents that are illegible or have the appearance of being fictitious will be systematically rejected. In the event of rejection, the document received will be deleted and therefore not archived.

Our verification of your identity documents may in no way be construed as their authentication. There is no intention on our part to ascribe or to impute to them plausibility or to deny them plausibility. Consequently, you are not entitled to make claim that the verification that we perform on the identity documents you send to us, represents that the user sending those documents has been identified with certainty. The use of this Website document uploading service is governed by the same rules of use as other services on the Website, notably limitation of liability and Warranty Disclaimer as defined in the General Terms of Service.

Subscription
Any user may if they so wish subscribe by making payment on the Website and thereby for the duration of the subscription dispose of services restricted to subscribers only. A subscription is made for a fixed period, at the end of which the User reverts to being merely registered if the subscription period is not extended. In this latter case, the former subscriber may continue to access the contacts that he or she may have made with other users whether or not subscribers, but the former subscriber:

  • may no longer access offers of accommodation restricted to subscribers only,
  • if he or she posted an offer of accommodation restricted to subscribers only, that offer becomes accessible to all registered users whether or not subscribers.

If you have taken out a subscription, a reminder is sent to you by email, several days before subscription expiry.

Badges
At the end of each house-sit, each user having participated in the house-sitting operation is invited to give his or her assessment (endorsement) by highlighting the qualities observably associated with the home-owner or house-sitter involved. For this purpose, the user selects one or more badges identifying the one or more qualities observed during the exchange and associated with the home-owner or home-sitter. The badges are pre-established by Nomador and are intended to help assess of quality of aspects such as personal relationship skills, ability to look after home, garden or animals and other, associated capabilities.

Recommendations shared by Users (service restricted to subscribers only)
Any subscriber who so wishes may recommend another subscriber to the Website to all other subscribers by publishing a recommendation on-line. This recommendation (aka endorsement) may only be published with the consent of the endorsed subscriber.

Moderation
We pre- or post-filter information published on the Website, including on the basis of information received from a third party or user. This filtering process, also known as Moderation, is undertaken by our team of moderators. The purpose of the Website moderation is to afford to all Users service of a quality consistent with their expectations. Under these General Terms of Use, Nomador therefore reserves the right to delete any content deemed to be inconsistent with our requirements of quality and in particular, but not limited thereto, in the following circumstances:

  • if content is offensive or unlawful,
  • if an image is offensive or unlawful,
  • if an image is obviously inappropriate,
  • if there are random characters or meaningless sequences of words,
  • if entries are poorly written, being incomprehensible,
  • if entries are unrelated to home-sitting,
  • if entries contain personal information about others without their express agreement
  • if entries contain a hypertext link,
  • if entries contain personal data (email address, telephone number, etc.), except within the framework of Website internal email.
  • if a listing or a member's profile are empty or contain no information.
  • if a profile photograph is not suitable for house-sitting.

Nomador shall deploy all its resources to filter content published on the Website, but we are materially and in principle unable to do so for all notably (but without limitation) in the event of instant messaging between Website users through our integrated email service. Consequently, the clauses of limitation of liability and warranty disclaimer determined in the General Terms of Service shall apply in whole to the content published on the Website.

Exclusion or temporary suspension of account
The diffusion of content that is offensive or contrary to our requirements of quality is liable to significantly alter the Website's image because the Website may be viewed by a large number of users in a very short space of time. Hence any diffusion whether attempted or deliberate of such offensive content or of content contrary to our quality requirements shall be deemed sufficient grounds for immediate exclusion of the User engaging in such activity from the Website without notice or need for further process. If a subscriber is so excluded, subscription will be terminated immediately under the same procedure as above including foreclosure of any right to financial compensation.

A member (either owner or sitter) who cancels a commitment without sufficient notice and/or without a serious reason (such as serious illness or death of a relative), may be excluded from Nomador without refund of their subscription fees (if applicable).

Nomador reserves the right to exclude (without previous notice and without refund of prescription fees if applicable) a member whose behavior is inconsistent with a proper use of the website and the community values. In particular, but not limited thereto, in the following circumstances:

  • abuse reported by other members,
  • dishonesty,
  • agressive behavior or offensive communication,
  • refusing a moderator’s request to make proper use of the website
  • creating multiple accounts
  • inappropriate use of internal messaging routinely encouraging others to communicate outside the platform
  • being inappropriately insistent towards other members (for example, insistent applications).

Limitation of liability and warranty disclaimer

Nomador shall not in any way whatsoever intervene in the relationship that is established by Users with one another subsequent to their making contact through the Website. The clauses of limitation of liability and warranty disclaimer determined in the General Terms of Service shall therefore in particular apply to such events as may arise when a home is lent to a third party or a home is being looked after by a third party.

Governing Law
This Agreement and any further rules, policies or guidelines incorporated by reference shall be governed by and construed in accordance with the laws of NSW, Australia, without giving effect to any principles or conflicts of law.

Changes to these Terms
We reserve the right at our sole discretion to modify or replace these General Terms of Use by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new General Terms of Use.

Please review these General Terms of Use periodically for changes. If you do not agree to any changes in these General Terms of Use, do not use, access or continue to access, the Website and discontinue any use of the Website immediately.

Contact us
If you have any question about these General Terms of Use, please contact us.