Terms of Use

1. About Phoenix Enterprises

Phoenix Enterprises operates accommodation properties through arrangements entered into with property owners, landlords and property managers.

Our business may involve leasing residential properties with the owner's consent, furnishing and managing those properties, and making approved properties available for short-term accommodation through third-party booking platforms.

Each property and proposed arrangement is considered individually and is subject to the relevant lease terms, owner approval and applicable legal and regulatory requirements.

Nothing on this website should be interpreted as representing that every property is suitable or eligible for short-term accommodation.

2. General information only

The information provided on this website is for general informational purposes only.

While we aim to ensure that information published on this website is accurate and current, we do not represent or warrant that all information will always be complete, accurate, current or suitable for your particular circumstances.

Information on this website does not constitute:

• legal advice;
• financial or investment advice;
• taxation advice;
• insurance advice;
• property or real estate advice; or
• a recommendation to enter into any particular leasing, property management or accommodation arrangement.

You should obtain independent professional advice relevant to your circumstances before making decisions based on information contained on this website.

3. No offer or contractual commitment

Information presented on this website is not an offer, acceptance or binding commitment by Phoenix Enterprises.

Nothing on this website creates a lease, tenancy, sublease, property management agreement, partnership, agency relationship, joint venture or other contractual relationship between Phoenix Enterprises and any person.

Any arrangement involving a property will only become binding when the relevant parties have entered into appropriate written agreements.

Where information on this website differs from the terms of a signed agreement, the signed agreement will prevail.

4. Property enquiries

You may use this website to contact Phoenix Enterprises regarding properties, partnerships or other business opportunities.

Submitting an enquiry does not:

• guarantee that Phoenix Enterprises will proceed with a property;
• constitute an application for or acceptance of a lease;
• create an obligation on either party;
• guarantee approval for subletting or short-term accommodation; or
• guarantee that a property will meet our operational or commercial requirements.

We may request further information before determining whether an opportunity is suitable.

Any personal information provided through an enquiry will be handled in accordance with our Privacy Policy.

5. Property suitability and regulatory requirements

The ability to operate short-term accommodation may depend on a range of factors, including the location and type of property.

These may include:

• the terms of the applicable lease;
• written landlord or owner consent;
• planning and zoning requirements;
• short-term rental accommodation requirements;
• registration requirements;
• strata or owners corporation by-laws;
• building rules;
• fire and safety requirements;
• insurance arrangements; and
• applicable Commonwealth, state and local laws.

Phoenix Enterprises does not represent through this website that any particular property has received, or will receive, the approvals required for a particular use.

Property-specific due diligence and approvals are dealt with separately as part of our acquisition and onboarding process.

6. No guarantee of financial performance

Any examples, figures, projections or descriptions of commercial arrangements appearing on this website are illustrative only unless expressly stated otherwise.

Phoenix Enterprises does not guarantee:

• rental income;
• occupancy levels;
• booking volumes;
• property values;
• profitability;
• cost savings;
• guest demand; or
• any particular financial return.

Past performance, historical occupancy or market information is not a guarantee of future results.

The performance of accommodation properties can be affected by factors outside our control, including market demand, seasonality, competition, platform policies, regulation, economic conditions and unexpected property expenses.

7. Insurance and damage

Any references on this website to insurance, damage protection, platform protection programs or risk management are general descriptions only.

They should not be interpreted as a guarantee that a particular loss, claim or event will be insured or reimbursed.

Insurance coverage is subject to the terms, exclusions, limits and conditions of the relevant insurance policy.

Protection programs offered by booking platforms are also subject to the terms and eligibility requirements imposed by those platforms.

Property owners should obtain independent advice from their insurer or insurance adviser regarding the insurance arrangements appropriate for their property.

8. Third-party booking platforms

Phoenix Enterprises may use third-party booking and accommodation platforms, including platforms such as Airbnb and Booking.com.

Phoenix Enterprises is an independent business and is not affiliated with, sponsored by or endorsed by Airbnb, Booking.com or any other third-party platform unless expressly stated.

The use of any third-party platform is subject to that platform's own terms, policies, rules and availability.

Those platforms may change their services, fees, protection programs, policies or eligibility requirements independently of Phoenix Enterprises.

References to third-party businesses, platforms or trademarks are made for identification and informational purposes only.

9. Third-party websites and links

This website may contain links to websites operated by third parties.

Those links are provided for convenience only.

Phoenix Enterprises does not control third-party websites and is not responsible for their content, availability, security, privacy practices or services.

A link to a third-party website does not necessarily mean that Phoenix Enterprises endorses that website, organisation, product or service.

You access third-party websites at your own discretion.

10. Intellectual property

Unless otherwise stated, all content on this website is owned by or licensed to Phoenix Enterprises Pty Ltd.

This includes, without limitation:

• the Phoenix Enterprises name and branding;
• logos;
• written content;
• graphics;
• photographs;
• videos;
• website design;
• documents;
• downloadable materials; and
• other intellectual property displayed on the website.

You may view and use this website for personal or legitimate business enquiry purposes.

You must not reproduce, distribute, modify, publish, commercially exploit or otherwise use our website content without our prior written permission, except where permitted by law.

Third-party trademarks and intellectual property remain the property of their respective owners.

11. Acceptable use

You must not use this website:

• for any unlawful, fraudulent or misleading purpose;
• to interfere with the operation or security of the website;
• to attempt to gain unauthorised access to the website, its systems or information;
• to introduce viruses, malware or other harmful material;
• to collect information from the website through automated means without our permission;
• to impersonate another person or organisation; or
• in a way that may damage Phoenix Enterprises, its systems, reputation or users.

We may restrict or block access to the website where we reasonably believe it is being misused.

12. Website availability

We aim to keep this website available and operating correctly but do not guarantee uninterrupted or error-free access.

We may update, modify, suspend or discontinue any part of the website without notice.

We are not responsible for interruptions caused by maintenance, technical faults, internet service providers, third-party services or events outside our reasonable control.

13. Limitation of liability

Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights that may apply under the Australian Consumer Law.

Subject to those rights and to the maximum extent permitted by law, Phoenix Enterprises will not be liable for any loss, damage, cost or expense arising from or connected with:

• your use of or reliance on this website;
• information that is inaccurate, incomplete or out of date;
• the unavailability or interruption of the website;
• the conduct or services of third parties;
• third-party websites or platforms; or
• decisions made based solely on information published on this website.

Where our liability cannot lawfully be excluded, our liability will be limited only to the extent permitted by applicable law.

14. Privacy

Phoenix Enterprises respects your privacy.

Any personal information collected through this website will be handled in accordance with our Privacy Policy and applicable Australian privacy laws.

Please refer to our Privacy Policy for further information about how we collect, use, disclose and protect personal information.

15. Changes to these Terms

We may update these Terms of Use from time to time.

The updated version will be published on this website with a revised "Last updated" date.

Your continued use of the website after changes are published constitutes acceptance of the updated Terms of Use.

16. Severability

If any provision of these Terms of Use is found to be invalid, unlawful or unenforceable, that provision will be treated as removed or limited to the extent necessary.

The remaining provisions will continue to apply.

17. Governing law

These Terms of Use are governed by the laws of New South Wales, Australia.

You submit to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

18. Contact us

If you have any questions about these Terms of Use or the Phoenix Enterprises website, you can contact us at:

Phoenix Enterprises Pty Ltd
ABN: 20 698 151 049
Email: team@phoenixenterprises.com.au