Last updated: 23 September 2023
Welcome to the website https://islekeys.com/ (“Website”)! These Terms of Service (“Terms”) is the binding legal agreement between:
- you, the visitor of the Website and the user of our Services as defined below (“User” or “you”); and
- Isle Keys Pty Ltd., having its registered address at 57 Macdonald Street, Sans Souci, NSW, 2219, Sydney, Australia (“Isle Keys”, “we” or “us”).
By visiting and browsing our Website and/or using our Services (as defined below), you constitute an agreement to these Terms. If you do not agree to be bound by these Terms, you shall not access this Website or use our Services. Please read these Terms before you use this Website and Services.
Isle Keys reserves the right to change these Terms. These changes are effective immediately upon posting. When changes come into effect, the revised Terms shall supersede the previous version of the Terms. You are responsible for regularly reviewing these Terms.
These Terms contain important information regarding the use of the Website, your rights and obligations.
1. Disclaimer; Description of Services
1.1 By using our Services and Website, you acknowledge and understand that the information given on the Website is provided for information purposes only. Isle Keys does not own, manage, or control property owners, agents, experts or other users who list their property for sale or rent on the Website (“Island Provider”).
1.2 Any information on the Website, including, without limitation, property description, price, size, images, can be inaccurate or incomplete through no fault of Isle Keys. Isle Keys does not verify any property information and cannot guarantee that such information is accurate, complete and correct, nor can we be held liable for any errors, omission, interruptions, inaccurate, misleading or untrue information or non-delivery of information and/or services of Island Providers or any third parties.
1.3 Any User wishing to buy or rent a property listed on the Website (the “Island Seeker”) should independently verify all information with the Island Provider and from other sources before relying on such information.
1.4 Isle Keys does not perform real estate, brokerage, appraisal or any other real-estate or real property related services. We do not act as an agent in any capacity for any Island Seeker or Island Provider.
1.5 This Website does not constitute and shall not be regarded as a recommendation or endorsement of the quality, service level, qualification of real estate property, agent or other third party provider.
1.6 Isle Keys provides only services related to, without limitation, hosting and maintaining the Website, enabling Users to access property listings, connect Island Seekers with Island Providers, performing marketing and lead generation services of the Website, providing other tools and features for property search (jointly hereinafter referred to as the “Services”).
1.7 Our Website primarily includes island properties listed:
- for sale (see clause 2 below), and
- for rent (see clause 3 below).
2. Searching, and Booking Island Properties for Sale
2.1 Island Seekers may browse listings and use filters to search for a desired property. To enquire more information about any property, please leave your contact details in the contact form on the Website. Isle Keys will connect Island Seeker with a relevant Island Provider following Island Seeker’s enquiry on the Website.
2.2. Each Island Seeker shall communicate with the relevant Island Provider in relation to a property description, amenities, pricing, payment, sale terms and any other rules, standards, policies, or requirements of the Island Provider. It is the Island Seeker’s responsibility to enquire and check all such terms, including, without limitation, information related to island specifics (see below).
2.3. Island Seekers are responsible for communicating with the relevant Island Provider of any mental, medical or physical conditions, or other circumstances that may impact Island Seeker’s ability to access or use an Island Property. Island Seekers are required to make any decision based on their own judgement, independent research and consultations with professional service providers.
3. Searching, and Booking Island Property for Rent
3.1 Island Seekers may browse listings and use filters to search for and book an island property listed for rent.
3.2 For island properties offered for rent, Isle Keys will charge a non-refundable deposit of 20% calculated from the full stay rate that the Island Provider lists the property for. The deposit is paid directly to Isle Keys at the time of booking.
3.3 To book a property on the Website, the Island Seeker shall pay for one full night. This payment will be charged immediately at the booking. All other payments, including any special requests, shall be made to Island Provider to the account number indicated by the Island Provider.
3.4 Once Isle Keys receives your booking request and applicable payment, Isle Keys will arrange for your property reservation and send a booking confirmation to the email address you indicated while booking a property. We will normally confirm your booking within 5 business days, although on occasion more time may be required to communicate with the Island Provider and secure your special requests.
3.5 Should we be unable to confirm your booking, and you are not satisfied with any alternatives, we will refund your deposit in full.
3.6 Once you receive a booking confirmation, you are responsible to check all booking details. In the event of any inaccuracies, you should immediately contact Isle Keys as it may not be possible to change later.
3.7 If we fail to receive any payment due, we are entitled to assume you wish to cancel your booking and we may apply cancellation charges.
3.8 Island Seeker should contact the relevant Island Provider for receiving all final travel documents, invitations, and arranging for special requests.
3.9 If you wish to alter or cancel your travel that is already booked and confirmed, you should contact the Island Provider.
4. Island Specifics
4.1 Owning or living on an island may have its own peculiarities.
4.2 Island Seekers are responsible for their own acts and omissions and are also responsible for determining whether a desired property complies with Island Seeker’s demands. This means that the Island Seeker should solely check information on: (i) property ownerships and permissions, (ii) medical services, its access and location from the island, (iii) flora and fauna of the island and any specifics related to it, (iv) island amenities, including its neighbours, services, criminal level, (v) island infrastructure, including water, electricity, internet, telephone and other supply, (vi) access and travel restrictions, (vii) weather conditions, (viii) safety infrastructure, such as hurricane protection system, fire and other alarm systems, (ix) amenities, food supply, and (x) legal and health requirements.
4.3 Island Seekers are solely responsible for arranging medical or travel insurance that should be adequate to Island Seeker’s needs and other conditions.
4.4 Isle Keys accepts that using our Services is based on the Island Seeker’s understanding that you acknowledge any circumstances that may have a consequential or material impact on your use, access and enjoyment of your island property or holiday.
5. Island Provider’s Obligations
5.1 Island Providers are responsible for the acts and omissions of anyone you sell to or provide access to any property. Island Providers are required to provide true, accurate and complete information about each property listed on the Website. Island Provider is entering into a contract directly with the relevant Island Seeker, and remains responsible for performing its contractual obligations for selling or renting out an island property.
5.2 Island Providers are responsible for complying with applicable laws that relate to property sale or create tenancy obligations. Island Providers are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to offered island property.
5.3 Isle Keys does not act as an agent, joint venturer or partner of Island Provider. Isle Keys does not direct or recommend any Island Seeker. Island Provider shall solely determine at what price and on what terms to offer its island property, and enter into contractual relationships with Island Seekers.
5.4 Each Island Provider is responsible for providing accurate and full information, ensuring its compliance with any laws, and determining any tax obligations related to sale or rent of any property, including, without limitation, any VAT or indirect taxes, tourist, income or other taxes.
5.5 If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions.
6. Website and Services Eligibility
6.1 Users may use our Services and Website if they are over 18 years old or the legal age as defined by their country of residence and only as permitted by applicable law, including laws and regulations of their country of residence. We are not responsible for any use of our Services and Website in any way or manner by entities that are not permitted to do so by applicable law.
7. Linked Sites
7.1 This Website may contain links to third party web sites (“linked sites”). The linked sites are not under the control of Isle Keys and we are not responsible for the content of any linked site. Isle Keys makes no representations regarding the content or appropriateness of content on such sites. When you access a linked site from this Website, you leave the Website and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the linked site.
8. Use of the Website and Services
8.1 Subject to User’s compliance with the Terms, Isle Keys grants to the User a limited, non-exclusive, non-transferable license to access and use the Services of Isle Keys available via the Website. You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms or any applicable laws. You must not, without limitation:
• use our Services to perform criminal activity of any kind;
• damage, disable, overburden or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services;
• attempt to gain unauthorised access to the Services, computer systems or networks connected to the Services by any means;
• reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Service;
• upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages through the Website or Service;
• make available any materials containing viruses, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
• violate third party rights, including, without limitation, Isle Keys’ agents, partners, on the Website and/or cause harm in any way;
• collect and store personal information of other Users without their proper authorization.
8.2. If we have reasons to believe that your use of this Website and Services is fraudulent, we are entitled in our sole discretion to suspend or terminate your access to the Website and Services. If you have conducted any fraudulent activity, Isle Keys reserves the right to take any necessary legal action and you may be liable for monetary losses to Isle Keys.
9. Intellectual Property Rights
9.1 The intellectual property contained in the Website and Services (and any derivative works based on them) is confidential and/or is proprietary information of Isle Keys, affiliates, agents, third party providers or its licensors and is protected by copyright and other intellectual property rights. All title, ownership and intellectual property rights on the Website and Services shall remain with Isle Keys, affiliates, agents, third party providers or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Isle Keys are hereby reserved.
9.2 You further acknowledge and agree that the Website and Services are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Isle Keys or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Services or the Website is expressly prohibited by law, and may result in severe civil and criminal penalties.
10. Leaving a Feedback
10.1 Island Seekers may leave their true and accurate comments and feedback related to rented properties on the Website (“Feedback”). Isle Keys will own all rights related to the Feedback submitted by Island Seekers including, without limitation, intellectual property rights, in order to reproduce, translate, distribute, publish, derive other content from, and publicly display such Feedback and grant the right to use the Feedback to any property anywhere in the world, including our social media pages and blogs.
10.2 When publishing your Feedback, Isle Keys may use your name or initials depending on the information you indicated in the Feedback.
10.3 When leaving any Feedback, you expressly agree that you will not post, upload, transmit, distribute, store or create any content or other material that is fraudulent, libelous, defamatory, abusive, obscene, pornographic, harassing, threatening, invasive of privacy or other rights, or otherwise unlawful or objectionable. You warrant that your Feedback or other material submitted by you does not and would not infringe upon any trademark, copyright, patent or other intellectual property or image right of any person.
11. No Warranties; Limitation of Liability
11.1 All Services, including software, products, information, text and related graphics contained within or available through the Website and Services are provided “as is” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the Services on the Website. Isle Keys makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the Services, data or materials included on this Website. Isle Keys does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Services. We cannot ensure that the Services and other information provided on the Website are accurate, correct, reliable, exhaustive or complete on every subject.
11.2 Without prejudice to the generality of the foregoing, we will not be liable to you if the Website or Services are inaccessible or unavailable in whole or in part due to periods of downtime, or for any reason beyond our reasonable control, or because we are carrying out maintenance, upgrades, developments or the like.
11.3 Under no circumstances shall Isle Keys, including its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website and its content, be liable to any person or entity whatsoever for any direct, indirect, incidental, consequential or punitive damages or any damages or losses whatsoever.
12.1 You agree to indemnify and hold Isle Keys and its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website, Services and data, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you.
13. Force Majeure
13.1 Isle Keys shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.
14. Governing Law and Dispute Resolution
14.1 These Terms will be governed by and construed in accordance with the laws of NSW, Australia exclusive of its rules governing choice of law and conflict of laws.
14.2 In the event of any dispute arising out of or in connection with these Terms, the parties shall seek to negotiate a resolution within 7 days of such dispute arising. The parties shall act in good faith in order to resolve such disputes by way of negotiations.
14.3 If any dispute is not resolved by negotiations within 7 days after the relevant written request has been sent, then such dispute shall be submitted and finally resolved by the courts of NSW, Australia with respect to any legal action to enforce the Terms or otherwise arising under or with respect to these Terms.
15.1 We reserve the right to modify, suspend or terminate any Services, at any time for any reason with or without notice to you.
15.2 Isle Keys reserves the right to assign its obligations and duties in these Terms to any person or entity.
15.3 Any notice or other communication to be given to us under these Terms shall be in writing in the English language unless otherwise agreed between Isle Keys and the user. Any notice or other communication from users shall take effect only when received by us unless such notice or another communication is contrary to these Terms.
15.4 These Terms constitute the entire agreement between you and Isle Keys with respect to your use of the Website and Services.
16. Contact Us
16.1 If you have questions in relation to these Terms or want to report an issue, complain, please contact our customer care at email@example.com.