Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
We may amend these Terms or your Membership at any time, by providing written notice to you;
Your Membership is subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term;
Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
To the maximum extent permitted by law, the Membership Fees and the Service Fee is non-refundable;
Our liability under these Terms is limited to the amount of the Service Fees paid by you to us in respect of the supply of the Go Green Travel Services to which the Liability relates, or where there are no Service Fees paid, the amount of the Booking Fees to which the Liability relates, and we will not be liable for Consequential Loss;
We will have no liability for the use or results of any Identity Check or Eco-Rating Symbol, any aspect of the Guest and Host interaction including the services offered by the Host, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control;
We may terminate these Terms at any time by giving 30 days’ written notice to you;
We receive a service fee/commission from each Host for payments made through the Platform; and
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.
Nothing in these terms limit your rights under the Australian Consumer Law.
Introduction
These terms and conditions (Terms) are entered into between Go Green Travel Pty Limited ABN 44 660 339 962 (we, us or our) and you, together the Parties and each a Party.
We provide an environmentally-conscious platform where those offering short-term accommodation stays or recreational experiences (Hosts) and those looking to book short-term accommodation stays or recreational experiences (Guests) can connect and transact (Platform).
In these Terms, you means (as applicable) the person or entity registered with us as either a Guest or Host or the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Booking Fee means the fee set by a Host for the accommodation or recreational experience.
Service Fee means the fee charged to: (i) Hosts in consideration for the Go Green Travel Services, as set out on the Platform, which will be deducted from the Booking Fees and will be paid to us at the same time as the Guest pays the Booking Fees through the Platform; and (ii) Guests in consideration for the Go Green Travel Services, as set out on the Platform.
Membership Fee means the fee for a particular Membership tier as set out on the Platform.
Acceptance and Platform Licence
You accept these Terms by checking the box, clicking “I accept”, registering on the Platform, or using the Platform or the Go Green Travel Services.
You must be at least 16 years old to use the Platform.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Cancellations and Changes to your Membership” clause.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Platform to defame, harass, threaten, menace or offend any person;
using the Platform for unlawful purposes;
interfering with any user of the Platform;
tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
using the Platform to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
facilitating or assisting a third party to do any of the above acts.
Accounts
You
must register on the Platform and create an account (Account)
to access the Platform’s features.
You may only have 1 Account as a Host and 1 Account as a Guest on the Platform.
You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a username and password.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
All personal information you provide to us will be treated in accordance with our Privacy Policy.
You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Host, we will review your request for an Account before approving the request. We may request additional information, including details of your short-term accommodation or recreational experience that you are offering and any applicable insurance policies held. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
Platform summary
The
Platform is a marketplace where Guests and Hosts can list, browse
and book environmentally-conscious accommodation options or
recreational experiences. We provide the Platform to users
(including hosting and maintaining the Platform), process payments
between Guests and Hosts, and provide promotional opportunities for
Hosts (together the Go
Green Travel Services).
You understand and agree that we only make available the Go Green
Travel Services. We are not party to any agreement entered into
between a Guest and a Host and we have no control over the conduct
of Hosts, Guests or any other users of the Platform.
A
Host wanting to provide accommodation or recreational experience
for a Guest to book creates an Account on the Platform and posts an
accurate and complete description of the accommodation or
recreational experience they can provide, including the Booking
Fee, its location, available times and booking conditions (such as
the cancellation policy) (Host
Listing).
A Guest wanting to book accommodation or recreational experience creates an Account on the Platform to book Host Listings. An Account is not needed to browse Host Listings.
A
Guest may request to book the accommodation or recreational
experience described in a Host Listing by sending a request through
the Platform. The request is an offer from the Guest to the Host to
book the accommodation or recreational experience described in the
Host Listing (Booking
Request).
Depending on the option selected by a Host, a Booking Request may
be confirmed automatically, or following a short period of time
(usually 1-2 business days) once the Host has had an opportunity to
validate your information.
If
the Host accepts the Booking Request through the Platform, it becomes
a Confirmed
Booking.
By accepting a Booking Request, the Host confirms that it is legally entitled to and capable of providing the accommodation or recreational experience described in the Booking Request.
Hosts must include all additional terms and conditions relating to the accommodation or recreational experience in the relevant Host Listing or must clearly state that there are additional terms and conditions. By sending a Booking Request, a Guest is accepting the additional terms and conditions of the relevant Host.
Loyalty Programmes, Promotional Opportunities and Discount Codes
We
may, from time-to-time, offer a loyalty programme to Hosts and/or
Guests where rewards can be earned through the use of our Platform,
and those rewards can be redeemed to obtain certain benefits
(Loyalty
Programme).
Details of any active Loyalty Programmes will be set out on our
Platform.
As
a Host, you may choose to purchase promotional opportunities, such
as a feature in our email marketing or placement on our home page
(Promotional
Opportunity).
Promotional Opportunities are subject to the fees and the terms and
conditions as set out in any Promotional Opportunity offer and
displayed on the Platform or otherwise communicated to you. In the
event of any conflict between any Promotional Opportunity terms and
conditions and these Terms, the Promotional Opportunity terms and
conditions will prevail.
As
a Guest, we may from time-to-time issue to you promotional discount
codes for use on the Platform. To claim the discount, you must
enter the promotional discount code at the time of submitting your
Booking Request on the Platform. The conditions of use relating to
promotional discount codes will be set out on the Platform. We may
also from time to time run competitions on the Platform or on
social media. These competitions are subject to terms and
conditions which will be made available on the Platform at the time
of the competition.
Communication
We
may contact you via the Platform using in-Account notifications, or
via off-Platform communication channels, such as text message or
email.
Guests
and Hosts can communicate privately using our private messaging
service once a Booking has been made. Guests and Hosts must not
communicate outside of the Platform. Guests and Hosts must not use
the contact details to organise the provision of the services off
the Platform, or otherwise to attempt to circumvent the payment of
Service Fees to us.
Memberships – Applicable to Hosts Only
When
you create an Account, you must also select a membership
(Membership).
You may choose between different tiers of Membership with different
services and different membership periods as set out on our
Platform.
Depending
on the Membership you have chosen, you agree to pay the Membership
Fee
to access certain features on the Platform and benefit from your
Membership.
Your
Membership is subject to a minimum term, as set out in your
Account. Without limiting your rights under the Australian Consumer
Law, you may only cancel your Membership at the expiry of the
minimum term.
Unless
your Membership is terminated in accordance with these Terms, your
Membership will roll over on an ongoing basis as set out in your
Account, and you will be charged the same Membership Fee each period
as set out in your Account (Payment
Date).
Cancellations
and Changes to your Membership:
If you wish to cancel or change your Membership (for example, by
upgrading to a different Membership tier), you must provide notice
to us through your Account that you wish to cancel or vary your
Membership at least 5 Business Days before the next Payment Date.
If you vary your membership and the Membership Fee also varies, you
will be charged the new Membership Fee on the next Payment Date.
To
the extent permitted by law, the Membership Fee is non-refundable
and non-cancellable once paid.
We
may need to change the Membership (for example, the inclusions and
exclusions) and Membership Fee from time to time. If we change your
Membership or Membership Fee, we will provide you with 30 days’
notice of the change. After 30 days, we will apply the new
Membership Fee to your existing payment details for all future
Payment Dates, and your Membership changes will take effect on the
same date. If you do not agree with the new Membership or
Membership Fee, you may cancel your Membership in accordance with
these terms.
Payments
As
a Guest, you agree to pay (and your chosen payment method will be
charged) the Booking Fees at the time you make a Booking Request.
If
you are a Host, upon receipt of the Booking Fees from the Guest,
our third party payment processor (currently Stripe) will hold the
Booking Fees, minus our Service Fee, until such time as you have
completed the services in the Confirmed Booking, or until such time
as the Booking Fees are refunded to the Guest (if the Guest is
entitled to a refund in accordance with these Terms). Our third
party payment processor will make payment within 14 days from the
date you have completed the services in the Confirmed Booking.
We
may pre-authorise or charge your payment method for a nominal
amount to verify the payment method.
The
payment methods we offer for the Membership Fees, the Service Fees
and for the Booking
Fees are set out on the Platform. We may offer payment through a
third-party provider for example, Stripe. You acknowledge and agree
that we have no control over the actions of the third-party
provider, and your use of the third-party payment method may be
subject to additional terms and conditions.
You
must not pay, or attempt to pay, the Booking Fees the Service Fees
or the Membership Fees by fraudulent or unlawful means. If you make
a payment by debit card or credit card, you warrant that you are
authorised to use the debit card or credit card to make the
payment.
You
agree that we may set-off or deduct from any monies payable to you
under these Terms, any amounts which are payable by you to us
(whether under these Terms or otherwise).
We
do not store any credit card details, and all payment information
is collected and stored through our third-party payment processor.
Refunds and Cancellation Policy
The
cancellation, variation, or refund of any services ordered on this
Platform is strictly a matter between the relevant Guest and Host,
subject to clause 10.2.
The terms and conditions agreed to between the Host and the Guest
must be set out clearly in the relevant Host Listing.
Despite
clause 10.1,
we may in our sole discretion refund Booking Fees to a Guest where:
(a) the Confirmed Booking is no longer able to be fulfilled due to
events outside of the reasonable control of us or the relevant Host
(including but not limited to pandemic, government action, fire or
flood); or (b) where a Host’s Account has been terminated in
accordance with these Terms.
For
disputes between Guests and Hosts, we encourage 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.
This
clause will survive the termination or expiry of these Terms.
Identify Verification and Eco-Credentials
If
we choose to conduct identity verification or background checks on
any Host, to the extent permitted by law, we disclaim all
warranties of any kind, either express or implied, that such checks
will identify prior misconduct by a Host or guarantee that a Host
will not engage in misconduct in the future. Any verification of
Hosts on the Platform is not an endorsement or recommendation that
the Host is trustworthy or suitable. You should do your own due
diligence before using a Host's services.
We
may offer Hosts the option to have the eco-credentials of their
services rated against the criteria that we specify from
time-to-time. As a Host, you acknowledge and agree that (1) we may
permit you to use signs, icons or badges in connection with your
Account to indicate that an eco-credentials check has been
performed (Eco-Rating
Symbol);
and (2) an Eco-Rating Symbol may only be used by the individual or
business for whom the relevant eco-credentials check has been
successfully performed and the relevant Eco-Rating Symbol has been
issued, and then, only where that individual is directly providing
the relevant services.
You
acknowledge and agree that (1) the Identity Check and the issuance
of an Eco-Rating Symbol may not be fully accurate, as they are
dependent on the information provided by the relevant individual or
business and/or information or checks performed by third parties;
and (2) you should not rely on the Identity Checks or the
Eco-Rating Symbols, and you should make your own inquiries as to
the accuracy, legitimacy, validity, credibility or authenticity of
any users of the Platform.
Guest Ratings
Guests
may rate their experience with the Host on the Platform, including
a Host Listing (Rating).
Ratings
can be viewed by any user and will remain viewable until the
relevant Account is removed or terminated.
You
agree to provide true, fair and accurate information when Rating a
Host or a Host Listing. If we consider that the Rating is untrue,
unfair, inaccurate, offensive or inappropriate, we may delete the
Rating or ban you from providing further Ratings. We do not
undertake to review each Rating. To the maximum extent permitted by
law, we are not responsible for the content of any Ratings.
You
can provide a Rating of a Host or Host Listing if you have had an
experience with that Host, which means that (1) you have engaged
the Host through the Platform; or (2) you can otherwise document
your interaction with the Host in relation to the Platform,
including via correspondence (collectively referred to as a Guest
Experience).
You
may not provide a Rating of a Host which is an immediate family
member (or about accommodation or recreational experience they
currently own or operate).
Your
Guest Experience must have occurred in the 12 months prior to you
providing a Rating.
You
are not permitted to provide a Rating about somebody else’s Guest
Experience, such as that of a family member or friend.
You
are encouraged to be specific and factual in your Ratings. If you
have been offered an incentive by a Host to provide a Rating, you
should refrain from providing a Rating and inform us immediately.
Incentives include the Host offering you a gift, reward, discount
or advantage for providing a Rating of the Host or Host Listing on
the Platform.
This
clause will survive the termination or expiry of these Terms.
Intellectual Property
All
intellectual property (including copyright) developed, adapted,
modified or created by us or our personnel (including in connection
with the Terms, any content on the Platform) (Our
Intellectual Property)
will at all times vest, or remain vested, in us. All data,
information or materials inputted by you into the Platform (Your
Data)
will become our property and you assign us any and all rights,
title and interest in and to Your Data.
We
authorise you to use Our Intellectual Property solely for the
purposes for which it was intended to be used.
You
must not, without our prior written consent:
copy,
in whole or in part, any of Our Intellectual Property;
reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or
circulate any of Our Intellectual Property to any third party; or
breach
any intellectual property rights connected with the Platform,
including (without limitation) altering or modifying any of Our
Intellectual Property; causing any of Our Intellectual Property to
be framed or embedded in another website; or creating derivative
works from any of Our Intellectual Property.
Nothing
in the above clause restricts your ability to publish, post or
repost Our Intellectual Property on your social media page or blog,
provided that:
you
do not assert that you are the owner of Our Intellectual Property;
unless
explicitly agreed by us in writing, you do not assert that you are
endorsed or approved by us;
you
do not damage or take advantage of our reputation, including in a
manner that is illegal, unfair, misleading or deceptive; and
you
comply with all other terms of these Terms.
This
clause will survive the termination or expiry of these Terms.
Content you upload
You
may be permitted to post, upload, publish, submit or transmit
relevant information and content including images of a Host Listing
and Ratings (User
Content)
on the Platform. We may run campaigns via the Platform and via
social media that encourage you to post User Content on social
media using specific hashtags (#) (Tag).
If
you make any User Content available on or through the Platform,
including on social media using a Tag, you grant to us a worldwide,
irrevocable, perpetual, non-exclusive, transferable, royalty-free
licence to use the User Content, with the right to use, view, copy,
adapt, modify, distribute, license, transfer, communicate, publicly
display, publicly perform, transmit, stream, broadcast, access, or
otherwise exploit such User Content on, through or by means of the
Platform and our social media platforms. You may request that any
of your User Content is removed from the Platform or social media
by sending us an email to the address at the end of these Terms. We
will endeavour to action any removal requests within a reasonable
time.
You
agree that you are solely responsible for all User Content that you
make available on or through the Platform, including on social
media using a Tag. You represent and warrant that:
you
are either the sole and exclusive owner of all User Content or you
have all rights, licences, consents and releases that are necessary
to grant to us the rights in such User Content (as contemplated by
these Terms); and
neither
the User Content nor the posting, uploading, publication, submission
or transmission of the User Content or our use of the User Content
on, through or by means of our Platform (including on social media)
will infringe, misappropriate or violate a third party’s
intellectual property rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
We
do not endorse or approve, and are not responsible for, any User
Content. We may, at any time (at our sole discretion), remove any
User Content.
This
clause will survive the termination or expiry of these Terms.
Warranties
You
represent, warrant and agree that:
you
will not use our Platform, including Our Intellectual Property, in
any way that competes with our business;
there
are no legal restrictions preventing you from entering into these
Terms;
all
information and documentation that you provide to us in connection
with these Terms is true, correct and complete;
you
have not relied on any representations or warranties made by us in
relation to the Platform (including as to whether the Platform is or
will be fit or suitable for your particular purposes), unless
expressly stipulated in these Terms;
where
you are a Host,
you are responsible for complying with all laws, rules and
regulations which apply to providing the services
in
your Host
Listings; and
where
you are a Host,
you are appropriately qualified, and have any required skills,
knowledge or training, to provide the services.
Australian Consumer Law
Certain
legislation, including the Australian Consumer Law (ACL)
in the Competition
and Consumer Act 2010(Cth),
and similar consumer protection laws and regulations, may confer
you with rights, warranties, guarantees and remedies relating to
the provision of the Platform by us to you which cannot be
excluded, restricted or modified (Consumer
Law Rights).
If
the ACL applies to you as a consumer, nothing in these Terms
excludes your Consumer Law Rights as a consumer under the ACL. You
agree that our Liability for the Platform provided to an entity
defined as a consumer under the ACL is governed solely by the ACL
and these Terms.
Subject
to your Consumer Law Rights, we exclude all express and implied
warranties, and all material, work and services (including the
Platform) are provided to you without warranties of any kind,
either express or implied, whether in statute, at law or on any
other basis.
As
a Guest, the services provided by a Host may also confer on you
certain rights under the ACL.
This
clause will survive the termination or expiry of these Terms.
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:
the
use or results of any Identity Check or eco-credentials check;
any
aspect of the Guest
and
Host
interaction including the services
offered
by the Host,
the description of the services
requested
or offered, any advice provided, the performance of services or; and
any
event outside of our reasonable control.
You
agree to indemnify us for any Liability we incur due to your breach
of the Acceptance and Platform Licence clause, the Confidentiality
clause and the Intellectual Property clause of these Terms.
This
clause will survive the termination or expiry of these Terms.
Limitations on liability
To
the maximum extent permitted by law:
neither
Party will be liable for Consequential Loss;
each
Party’s liability for any Liability under these Terms will be
reduced proportionately to the extent the relevant Liability was
caused or contributed to by the acts or omissions of the other Party
or any of that Party’s personnel, including any failure by that
party to mitigate its losses; and
our
aggregate liability for any Liability arising from or in connection
with these Terms will be limited to us resupplying the Go Green
Travel Services to you or, in our sole discretion, to us repaying
you the amount of the Service Fees paid by you to us in respect of
the supply of the Go Green Travel Services to which the Liability
relates, or where there are no Service Fees paid, the amount of the
Booking
Fees to which the Liability relates.
This
clause will survive the termination or expiry of these Terms.
Termination
Your
Account and these Terms may be terminated by you at any time, using
the ‘cancel Account’ functionality (or similar) in the Account
page section of your Account settings.
We
may terminate these Terms at any time by giving 30 days’ written
notice to you (Termination
for Convenience).
These
Terms will terminate immediately upon written notice by a Party
(Non-Defaulting
Party)
if:
the
other Party (Defaulting
Party)
breaches a material term of these Terms and that breach has not been
remedied within 10 Business Days of the Defaulting Party being
notified of the breach by the Non-Defaulting Party; or
the
Defaulting Party is unable to pay its debts as they fall due.
Should
we suspect that you are in breach of these Terms, we may suspend
your Account while we investigate the suspected breach.
Upon
expiry or termination of these Terms:
we
will remove your access to the Platform;
we
will immediately cease providing the Go Green Travel Services;
you
agree that other than where termination is due to our Termination
for Convenience and
to the maximum extent permitted by law, any payments made by you to
us (including any Membership Fees and Service Fees) are not
refundable to you;
where
you are a Guest,
we will cancel any existing Confirmed Bookings and you will lose any
Booking
Fees and other amounts paid (unless the cancellation policy in a
Host Listing otherwise allows) other than where termination is due
to our Termination for Convenience;
where
you are a Host,
we will cancel any existing Confirmed Bookings and refund the
relevant Guests
in
accordance with the Refunds and Cancellation Policy clause; and
where
we terminate the Terms for any reason other than a Termination for
Convenience, you also agree to pay us our reasonable additional
costs directly arising from such termination
(including legal fees, debt collector fees and mercantile agent
fees).
Termination
of these Terms will not affect any rights or liabilities that a
Party has accrued under it.
This
clause will survive the termination or expiry of these Terms.
Host insurance
As
a Host, you must maintain and hold liability insurance, covering
personal injury and property damage, of no less than AUD 10 million
for any one claim. We may request that you provide evidence of your
insurance. Where we do so, we are not confirming that the insurance
you have is sufficient or suitable for the services you choose to
provide to Guests. If we do not ask you to provide evidence of
insurance this does not indicate that we believe you do not require
insurance. You acknowledge and agree it is your responsibility to
make your own investigations and receive professional advice on the
insurance you require.
General
Assignment:
Subject to the below clause, a Party must not assign or deal with
the whole or any part of its rights or obligations under these
Terms without the prior written consent of the other Party (such
consent is not to be unreasonably withheld).
Assignment
of Debt:
You agree that we may assign or transfer any debt owed by you to
us, arising under or in connection with these Terms, to a debt
collector, debt collection agency, or other third party.
Confidentiality:
Other than where the disclosure is permitted by law, each Party
agrees not to disclose any confidential information it may access
on or through the Platform to a third party, or otherwise misuse
such confidential information. Confidential information may include
confidential information supplied to you by us, by a Guest, or by a
Host.
Disputes:
In relation to a dispute, controversy or claim arising from, or in
connection with, these Terms (including any question regarding its
existence, validity or termination) (Dispute)
between a Guest and us, or a Host and us, a Party may not commence
court proceedings relating to a Dispute without first meeting with
a senior representative of the other Party to seek (in good faith)
to resolve the Dispute. If the Parties cannot agree how to resolve
the Dispute at that initial meeting, either Party may refer the
matter to a mediator. If the Parties cannot agree on who the
mediator should be, either Party may ask the Law Society of Western
Australia to appoint a mediator. The mediator will decide the time,
place and rules for mediation. The Parties agree to attend the
mediation in good faith, to seek to resolve the Dispute. The costs
of the mediation will be shared equally between the Parties.
Nothing in this clause will operate to prevent a Party from seeking
urgent injunctive or equitable relief from a court of appropriate
jurisdiction.
Entire
Terms:
Subject to your Consumer Law Rights, these Terms contains the
entire understanding between the Parties and the Parties agree that
no representation or statement has been made to, or relied upon by,
either of the Parties, except as expressly stipulated in these
Terms, and these Terms supersedes all previous discussions,
communications, negotiations, understandings, representations,
warranties, commitments and agreements, in respect of its subject
matter.
Further
assurance:
Each Party must promptly do all things and execute all further
instruments necessary to give full force and effect to these Terms
and their obligations under it.
Governing
law:
These Terms are governed by the laws of Western Australia. Each
Party irrevocably and unconditionally submits to the exclusive
jurisdiction of the courts operating in Western Australia and any
courts entitled to hear appeals from those courts and waives any
right to object to proceedings being brought in those courts.
Notices:
Any
notice given under these Terms must be in writing addressed to us
at the details set out below or to you at the details provided in
your Account. Any notice may be sent by standard post or email, and
will be deemed to have been served on the expiry of 48 hours in the
case of post, or at the time of transmission in the case of
transmission by email.
Privacy:
Each Party agrees to comply with the legal requirements of the
Australian Privacy Principles as set out in the Privacy Act 1988
(Cth) and any other applicable legislation or privacy guidelines.
Publicity:
If you are a Host, you agree that we may advertise or publicise the
broad nature of our supply of the Go
Green Travel Services
to you, including on our website or in our promotional material.
Relationship
of Parties:
These Terms are not intended to create a partnership, joint
venture, employment or agency (subject to us acting as your limited
payment agent) relationship between the Parties.
Severance:
If a provision of these Terms is held to be void, invalid, illegal
or unenforceable, that provision is to be read down as narrowly as
necessary to allow it to be valid or enforceable, failing which,
that provision (or that part of that provision) will be severed
from these Terms without affecting the validity or enforceability
of the remainder of that provision or the other provisions in these
Terms.
Third
party sites:
The Platform may contain links to websites operated by third
parties. Unless we tell you otherwise, we do not control, endorse
or approve, and are not responsible for, the content on those
websites. We recommend that you make your own investigations with
respect to the suitability of those websites. If you purchase goods
or services from a third party website linked from the Platform,
such third party provides the goods and services to you, not us.
We
may receive a benefit (which may include a referral fee or a
commission) should you visit certain third-party websites via a
link on the Platform (Affiliate
Link)
or for featuring certain products or services on the Platform. We
will make it clear by notice to you which (if any) products or
services we receive a benefit to feature on the Platform, or which
(if any) third party links are Affiliate Links.
Definitions
Consequential
Loss
includes any consequential loss, indirect loss, real or anticipated
loss of profit, loss of benefit, loss of revenue, loss of business,
loss of goodwill, loss of opportunity, loss of savings, loss of
reputation, loss of use and/or loss or corruption of data, whether
under statute, contract, equity, tort (including negligence),
indemnity or otherwise.
Intellectual
Property
means any copyright, registered or unregistered designs, patents or
trade marks, domain names, know-how, inventions, processes, trade
secrets or confidential information; or circuit layouts, software,
computer programs, databases or source codes, including any
application, or right to apply, for registration of, and any
improvements, enhancements or modifications of, the foregoing.
Intellectual
Property Rights
means for the duration of the rights in any part of the world, any
industrial or intellectual property rights, whether registrable or
not, including in respect of Intellectual Property.
Intellectual
Property Breach
means any breach by you (or any of your personnel) of any of our
Intellectual Property Rights (or any breaches of third party rights
including any Intellectual Property Rights of third parties).
Liability
means any expense, cost, liability, loss, damage, claim, notice,
entitlement, investigation, demand, proceeding or judgment (whether
under statute, contract, equity, tort (including negligence),
indemnity or otherwise), howsoever arising, whether direct or
indirect and/or whether present, unascertained, future or
contingent and whether involving a third party or a party to these
Terms or otherwise.
For any questions or notices, please contact us at: