Terms of Service
Last updated January 22, 2023
Table of contents
- Agreement to terms
- Intellectual property
- User representations
- User registration
- Marketplace offerings
- Purchases and payment
- Prohibited activities
- User generated contributions
- Contribution licence
- Guidelines for reviews
- Site management
- Copyright infringements
- Term and termination
- Modifications and interruptions
- Governing law
- Dispute resolution
- Customer / user warranties
- Host warranties
- Australian consumer law
- Exclusions to liability
- Limitations of liability
- User data
- Electronic communications, transactions, and signatures
- Contact us
1. Agreement to terms
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.
2. Intellectual property rights
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. User representations
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorised purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorised Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorised products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.
4. User registration
You must register with the Site in order to access the Marketplace Offerings. You must provide basic information when registering for an Account including your legal entity name, business name, ABN and GST status (if applicable), contact name and email address and you must choose a password.
You may also register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Marketplace offerings
We make every effort to display as accurately as possible the colours, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.
6. Purchases and payment
In addition to our third party payment processor, Stripe, which we currently offer, we offer a number of payment methods on the Platform. Additional terms and conditions imposed by the relevant third party payment processor may apply to the payment method you select. The relevant terms and conditions are accepted by you if you pay using a third-party payment processor.
All payments made are considered final in the absence of fraud or error. If you pay with a debit card or credit card, you guarantee that the information you give us is accurate and up-to-date, that you are authorised to use the card to make the purchase, that your card issuer will honour the transaction, and that you will keep enough money in your account to cover the cost of the purchase.
When making purchases of Marketplace Offerings through the Site, you agree to give current, complete, and accurate account and purchase information. In order for us to complete your transactions and get in touch with you as necessary, you also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date. As required by us, sales tax will be added to the cost of purchases. Price adjustments are always possible. All payments must be made in Australian dollars (AUD).
You authorise us to charge your preferred payment method for any such sums at the time of placing your order, and you agree to pay all charges for your purchases and any applicable shipping fees at the prices in effect at the time. Even if payment has already been requested or received, we reserve the right to correct any typographical or pricing errors.
When a Booking Request is accepted, you consent to paying the pertinent fees listed in the Listing (Booking Fee). You won't be billed if your booking request is rejected. If the Host accepts your Booking Request, payment will be processed within 24 hours of that action, or if the Booking is more than 90 days away at the time of the Host's acceptance of a Booking Request, payment won't be processed until the Booking is 90 days away. We will email you and give you the option to make payment if we are unable to process your payment for any reason, such as insufficient funds in your bank account or a card that has expired. Your Booking will be deemed to be cancelled by you if your payment still cannot be processed after we have contacted you, and your cancellation will be handled in accordance with the "Refund and Cancellation" clause below.
You authorise us to charge you to collect any Overstay Fees that become due and payable within 72 hours of check-out.
Refunds and Cancellations
Any refund will be determined by the cancellation policy stated in the Listing if you cancel a Booking (including if the Booking is deemed to have been cancelled by you due to non-payment of the Booking Fee by the due date). If you are entitled to a refund, we will credit the original payment method you used to make the Booking with the refund amount (which is always less our Service Fee).
We will reimburse you for the entire booking fee you paid if a host cancels a reservation.
For disputes between Users, we encourage the parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws.
You consent to refrain from challenging the Booking Fees through your bank, to the fullest extent permitted by law. Please use the Platform to get in touch with us if you have questions about a charge.
We will suspend your Account and cancel future Bookings in accordance with these Terms if you dispute a charge with your bank directly before contacting us to try to resolve the issue.
Any order submitted through the Site may be rejected at our discretion. We reserve the right to impose a limit on the number of items that can be purchased per person, household, or order, or to cancel individual orders altogether. Orders placed by or under the same customer account, using the same payment method, or using the same billing or shipping address are all examples of restrictions that may apply. We reserve the right to restrict or forbid orders that appear to have been placed by resellers, dealers, or distributors in our sole discretion.
In the event that the Host asserts that you have damaged their property within 14 days of the end of the completed Booking, you agree that we may charge you a security deposit in the amount specified on the Platform (Security Deposit). You consent to the subsequent procedure:
- In the event of a claim, the Host will contact you via the Platform to inform you of the claim and to provide you with supporting documentation.
- If you accept the claim, we will deduct the amount from your security deposit and pay the host.
- We may mediate the dispute in accordance with these Terms if you contest the claim.
In the event of a dispute, the Host will get in touch with us, and we will request that you respond to the claim in writing. You agree that we may charge against your Security Deposit and reimburse the Host if no response is received within 48 hours. If you reply, we may decide whether there is a claim and deduct the cost from your security deposit or, if we choose not to, accept that there is none.
7. Prohibited activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorised use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use the Site to advertise or offer to sell goods and services.
8. User generated contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9. Contribution licence
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. Guidelines for reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
12. Site management
14. Copyright infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
15. Term and termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
17. Governing law
These terms shall be governed by and defined following the laws of Australia. Are We There Yet Australia pty ltd and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
18. Dispute resolution
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be Melbourne, Australia. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Australia.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You represent, warrant and agree that:
- You won't make use of our Platform, including the Content, in any manner that is antagonistic to our company's operations;
- You may enter into these Terms without any statutory or other legal restrictions.
- If you are making a reservation for services on behalf of additional guests, make sure to include their names in the Booking Request and confirm that they satisfy the Listing's requirements.
- you will comply with the Host’s reasonable instructions;
- You have provided us with accurate, complete, and all necessary information in connection with these Terms.
- Except as expressly provided in these Terms, you have not relied on any representations or warranties that we have made about the Platform (including whether the Platform is or will be appropriate for your specific purposes);and
- You are responsible for how any part of the platform is used, and you must make sure that nobody uses any part of the platform in any of the following ways: (1) to break the law or violate anyone's rights (including intellectual property rights); (2) to transmit, publish, or communicate material that is offensive, abusive, indecent, menacing, or unwanted; or (3) in any way that harms, interferes with, or interrupts the platform's supply.
22. Host Warranties
You represent, warrant and agree that:
- You won't use our Platform, including the Content, in any way that undermines our company's operations;
- You confirm that phone numbers and other private customer information won't be shared;
- You'll behave politely toward visitors (including customers), won't engage in any manipulative or dishonest behaviour, and you'll follow any code of conduct or behaviour standards we occasionally post on the Platform.
- You may enter into these Terms without any legal limitations interfering with you.
- All information and documentation you give us in connection with these Terms is accurate, complete, and true.
- Except as expressly provided in these Terms, you have not relied on any representations or warranties we have made about the Platform (including whether the Platform is or will be adequate or suitable for your specific purposes).
- You are accountable for how any part of the Platform is used, and you must make sure that nobody uses any part of the Platform in any of the following ways: (1) to break the law or violate the rights of others (including intellectual property rights); (2) to transmit, publish, or communicate material that is offensive, abusive, indecent, menacing, or unwanted; or (3) in any way that harms, interferes with, or interrupts the Platform's supply;
- You are solely in charge of selecting which Booking Requests to accept, as well as the kind, timing, mode, and means of delivering your services as well as the tools and costs you charge for them. No employment benefits are available to you because you are not one of our employees. We don't oversee, direct, or manage any of the services you provide. Your costs, working conditions, schedule, or location are not determined by us. We don't give you any instruction, tools, equipment, or supplies to perform your services. Taxes that must be paid on any payment you receive for your goods and/or services are your responsibility;
- You agree to establish and maintain your own insurance that would typically be provided by a provider of the same or similar services and are not entitled to the benefits of any insurance policies we may hold.
- You are in charge of abiding by all laws, rules, and regulations that are relevant to offering the services described in your Listings;
- In order to reduce your liability when offering adventure services, you are responsible for seeing that customers sign any waivers relating to recreational services;
- You are suitably qualified to offer the adventure services and possess the necessary expertise, training, or knowledge;
- Are We There Yet Australia reserves the right to demand that Listings have a minimum number of photos and videos in a specific format, size, and resolution. Any photos or videos used in your Listings accurately reflect the quality and condition of your Adventure Services.
- You will only include one adventure service (such as a lodging, activity, or vehicle) per listing;
- No contract you have with a third party, like an owner's incorporation, is violated by any Listing you post.
- Any listing you publish informs and enlightens Customers about the inherent risk of any Adventure Services, any prerequisites for participation, such as an age restriction, level of fitness, dress code, or licences, as well as anything else a Customer might need to be aware of in order to safely partake in the Adventure Services;
- the positioning and ranking of Listings in search results on the Platform may change depending on a range of variables, including Customer search parameters and preferences, your needs, price and calendar availability, the quantity and quality of images, customer service and cancellation history, Reviews, type of service, and/or ease of booking.
- The Platform's listings include the most recent information regarding availability;and
23. Australian Consumer Law
In relation to the provision of the Platform by us to you, certain laws, such as the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and related consumer protection laws and regulations may grant you rights, warranties, guarantees, and remedies that cannot be excluded, limited, or modified (Statutory Rights).
Nothing in these Terms will prevent you from exercising your legal rights as a consumer under the ACL if the ACL applies to you. You acknowledge that the ACL and these Terms alone govern Our Liability for the Platform provided to an entity that meets the ACL's definition of a consumer.
We disclaim all express and implied warranties, and all materials, work, and services (including the Platform) are provided to you without any warranties of any kind, either express or implied, whether in statute, at law, or on any other basis. This exclusion only applies to the extent permitted by your statutory rights.
You may also receive certain rights under the ACL as a result of the Adventure Services offered by a Host.
The termination or expiration of these Terms will not affect this clause.
24. Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- your or your personnel’s acts or omissions;
- any virus or similar harmful code being introduced into your IT systems via email relating to, or access to, the Are We There Yet Australia Services;
- any property loss or damage, or personal injury or loss, arising from or in connection with your participation in the Adventure Services;
- any use or application of the Are We There Yet Australia Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any aspect of the Customer and Host interaction including the Adventure Services offered by the Host, the description of the Adventures Services requested or offered, any advice provided or the performance of Adventure Services;
- any works, services, goods, materials or items which do not form part of the Are We There Yet Australia Services (as expressed in these Terms), or which have not been provided by us;
- any third parties or any goods and services provided by third parties, including customers, end users, Hosts, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
- the Are We There Yet Australia Services being unavailable, or any delay in us providing the Are We There Yet Australia Services to you, for whatever reason; and/or
- any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
25. Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.This clause will survive the termination or expiry of these Terms
You acknowledge that no insurance policies we may hold entitle you or your staff to any of the benefits the insurance may provide.
We might ask you to present proof of your insurance. When we do this, we are not endorsing that your insurance is adequate or appropriate for the services you choose to offer to clients or us. If we do not request proof of insurance from you, it does not mean we do not think you need insurance. You understand and agree that it is your responsibility to conduct your own research and consult with experts regarding the insurance you need.
28. User data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
29. Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
31. Contact us
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:
Are We There Yet Australia pty ltd
Wood St, Beaconsfield, Victoria 3807, Australia