1. DEFINITIONS AND INTERPRETATIONS
In these Terms and Conditions unless the context indicates otherwise:
Activities and Additional Items means any activity or item offered by a Host to a Guest for purchase, licence, lease, use or otherwise. By way of example, Activities and Additional Items may include:
(a) both guided and self-guided activities, such as hiking, horse riding, fishing, bicycling, motorcycling, four-wheel driving; and
(b) sale of items such as food, drink, firewood, essential items, grocery supplies, outdoor and recreational equipment and supplies.
Account means a Youcamp account, which may be applied for pursuant to the process contained in clause 4.
Account Holder means a User who has registered for an Account pursuant to the process contained in clause 4.
Adjustment Event has the meaning given to that phrase in the GST Act;
Adjustment Note has the meaning given to that phrase in the GST Act;
Agreement means the agreement between you and Youcamp in accordance with the Terms and Conditions.
Combined Fees means both the Property Licence Fees and the Guest Fees, plus any Taxes.
Confirmation Period means the period of time commencing when a booking request is made by a Guest, in which a Host may accept or decline the Guest’s booking request. The Confirmation Period will be displayed on the Website, Property Listing or otherwise in the Youcamp System.
Consideration means any amount or consideration payable or to be provided pursuant to any provision of this Agreement (including but not limited to the Host Fees and the Guest Fees).
Guest means an Account Holder who requests to book a Property from a Host using the Youcamp System or an Account Holder who stays at a Property (other than the Host of that Property).
Guest Fees means the fee Youcamp charges a Guest for using the Services. Youcamp will advise the Guest of the Guest Fees before the Guest confirms the sending of a booking request to a Host and by sending the booking request, the Guest accepts the Guest Fees.
GST means any form of goods and services tax or similar value added tax and includes that pursuant to the GST Act;
GST Amount means the Consideration (after deducting any GST Exempt Component) multiplied by the Rate.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 or (as appropriate to the context) any legislation or regulation which imposes, levies, implements or varies a GST.
GST Exempt Component means any part of the Consideration to the extent that it relates to a supply that is free or exempt from the imposition of GST.
Host means an Account Holder who creates a Property Listing via the Youcamp System.
Host Fees means the fee that Youcamp charges a Host for using the Services. Youcamp will advise the Host of the Host Fees before the Host confirms the acceptance or decline of a booking request from a potential Guest and by accepting the booking request, the Host accepts the Host Fees.
Insurance Documentation means all documentation relation to the Mandatory Insurance (including any terms and conditions of the Mandatory Insurance) provided by Insurance Issuer or by Youcamp on behalf of the Insurance Issuer. Without limitation to the scope of the foregoing, insurance documentation may be accessed here.
Insurance Issuer means Honan Insurance Group Pty Ltd ABN 67 005 372 396 AFSL.
Mandatory Insurance means the insurance offered and/or issued by the Insurance Issuer as further detailed in the Insurance Documentation.
Mandatory Insurance Fee means the insurance premium charged by the Insurance Issuer for the Mandatory Insurance. Property means a parcel of land which includes a range of accommodation, campgrounds, buildings, rooms or other places or facilities and includes any fixtures, fittings and other property located on them, and includes any Activities and Additional Items where offered by a Host to a Guest through the Youcamp System.
Property Listing means a Property which is listed on the Youcamp System by a Host, and includes any Activities and Additional Items where offered in conjunction with a Property by a Host to a Guest through the Youcamp System.
Property Licence Fees means the amount charged by a Host to a Guest for the Guest’s licence to access and stay at the Property and for any Activities and Additional Items offered by a Host and selected by a Guest through the Youcamp System in conjunction with a Property. The Property Licence Fees are determined by the Host and not by Youcamp. A Property Licence Fee may include specified components (such as a cleaning fee) and any Taxes.
Rate means the rate at which the GST Act from time to time imposes or levies GST on a supply under this Agreement.
RCTI means Recipient Created Tax Invoice.
RCTI Agreement has the same meaning as in the RCTI Ruling.
Services means the service offered by Youcamp to connect Guests who are wishing to rent Properties with Hosts who are wishing to rent Properties, offered by way of an online platform being the Youcamp System.
Tax includes any tax, levy, impost, deduction, charge, rate, duty, compulsory loan or withholding which is levied or imposed by a government authority, including without limitation any withholding, income, goods and services tax, value added tax, occupancy or accommodation tax, fees, stamp or transaction tax, duty or charge together with any related interest, penalty, charge, fee or like amount.
Taxable Supply has the meaning given to that phrase in the GST Act.
Terms and Conditions means these terms and conditions as may be amended from time to time.
User means a user of the Youcamp System and shall include a Host, Guest and Account Holder. A reference to “you” shall mean a User.
Website means the Youcamp website at www.youcamp.com and includes other websites which Youcamp uses to provide the Services.
Youcamp System means the whole of the system which Youcamp uses to provide the Services and includes the Website and any software, applications, programs, interfaces and databases used to provide the Services.
In these Terms and Conditions unless stated otherwise or the context indicates otherwise:
(a) headings are for convenience and do not affect interpretation.
(b) references to legislation or regulations include any:
(i) modification or re-enactment of them; and
(ii) instrument, regulations or orders issued under them.
(c) the singular includes the plural and the plural includes the singular.
(d) a reference to more than one person or party is to all or any of those persons or parties.
(e) a reference to a thing includes the whole or any part of that thing.
(f) if a word or phrase is defined, its other grammatical forms have a corresponding meaning.
(g) reference to a party includes that party’s executors, administrators, successors (including any entity resulting from a permitted amalgamation), permitted assigns and substitutes.
(h) reference to a “person” or a word denoting an individual, person, firm, partnership, association (whether or not incorporated), corporation, authority, government, government agency or any other body or entity (in each case whether or not having separate legal personality), includes any of them.
(i) reference to a month or year is to a calendar month or year.
(j)the expression “$” or the word “dollars” means Australian dollars.
(k) reference to a “party” is to a party to these Term and Conditions.
(l) a reference to any agreement or document is to that agreement or document as amended or replaced from time to time.
(m) references to people include corporations, associations, partnerships, government authorities, and other legal entities.
(n) references to writing include any means of representing or reproducing words, figures, drawings or symbols in a visible, tangible form, in English.
(o) references to content include text, graphics, images, music, software (excluding software comprising the Youcamp System), audio, video, information or other materials.
(p) no rule of construction of documents shall apply to the disadvantage of a party, on the basis that the party put forward this document or any relevant part of it.
2. ACCEPTANCE AND CONDITION OF USE
2.1 Youcamp will only grant you use of and access to the Youcamp System on the condition that you accept all of these Terms and Conditions. Please read these Terms and Conditions carefully. By accessing or using the Youcamp System you indicate your agreement to these Terms and Conditions. If you agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant to Youcamp that you have the necessary authority to bind that company or other legal entity. If you do not agree to these Terms and Conditions, you are not permitted to use the Youcamp System. Additionally, certain areas of the Website and the Youcamp System may have different terms and conditions, requirements or policies detailed in them or may require you to agree and accept additional terms and conditions. In the event of any conflict between these Terms and Conditions and any additional terms and conditions contained in any other area of the Website or the Youcamp System, such additional terms and conditions will apply to such areas to the extent of conflict.
2.2 You are not permitted to use the Youcamp System unless you are 18 years of age or older. By accessing or using the Youcamp System and agreeing to these Terms and Conditions, you are representing and warranting to Youcamp that you are at least 18 years of age.
2.3 You acknowledge and agree that Youcamp is not a party to any agreements entered into between Hosts and Guests and that Youcamp does not make any representation that is an agent or insurer for you. Your relationship with Youcamp is that of an independent third party contractor and nothing in these Terms and Conditions shall create a relationship of an employee, partner, agent, representative, trustee or joint venturer of Youcamp for any reason.
2.4 Youcamp may vary these Terms and Conditions and the Youcamp System from time to time in its sole discretion and in doing so may require you to accept the revised Terms and Conditions before allowing you further use of the Youcamp System. By continuing the use the Youcamp System, after any such change, you agree to accept any change and to be bound. If you do not accept any such change, you are not permitted to use the Youcamp System and this is your only remedy.
2.5 Youcamp grants you, in accordance with these Terms and Conditions, a limited, non-exclusive, non-transferrable licence to access the Youcamp System and view content on the Youcamp System which you are permitted to view but solely for your personal and non-commercial purposes. You shall not be permitted to licence your rights under this clause or these Terms and Conditions.
3.1 The Youcamp System provides an online platform to allow Guests and Hosts to meet online and arrange bookings for Properties directly with each other, displays information about Properties and other places or facilities made available for activities and provides a facility for potential users of such Properties and other places or facilities to enter enquires about any Property or Properties and other places or facilities displayed on the Youcamp System and to request a booking of a Property. Youcamp accepts no responsibility for the actions of Hosts or Guests or for any other user of the Youcamp System.
3.2 Youcamp is not an owner or operator or provider of any travel or transport services, properties, campsites, lodgings or other accommodations and Youcamp does not rent, manage or control any of the foregoing. The responsibilities of Youcamp are limited to operating the Youcamp System in accordance with these Terms and Conditions.
3.3 Whilst Youcamp requires Hosts to provide correct information about Properties, Youcamp expressly disclaims any liability for any information about any Property or any other part of the Youcamp System not being correct or being misleading or deceptive. Youcamp gives no warranty that such information is accurate, and it is your responsibility to verify information regarding a Property with Hosts directly.
4. USER REGISTRATION
4.1 The Youcamp System can be used to list and book Properties. You may view Property Listings as an unregistered User of the Youcamp System, however in order to book a Property or to create a Property Listing, you must register for an Account. You may register for an Account on using the Youcamp System or by other means which Youcamp may make available from time to time for such purpose.
4.2 The personal information that you provide to Youcamp (or which Youcamp otherwise obtains) during the registration process, shall be used to create your Account. You must give us current, accurate, and complete information about yourself during the registration process and you must ensure that any such information is always kept up to date. If any such personal information provided by you during the registration process or after the registration process is not accurate, current, complete or if it is fraudulent or otherwise in breach of these Terms and Conditions, Youcamp may suspend or terminate your Account and your use and/or access to the Website or the Youcamp System.
4.3 You may only have one (1) Account and you may only register an Account for yourself. If you create more than one (1) Account, Youcamp may suspend or terminate your Account/s and your use and/or access to the Website or the Youcamp System. If your access to the Website or the Youcamp System has been limited or your Account has been suspended terminated, then you must not register or attempt to register a new Account and you must not access or attempt to access the Youcamp System. You are not entitled to any restoration of your Account if this Agreement is terminated.
4.4 You may be provided a password for your Account. You are responsible to and must take all necessary steps to keep the password safe and secure at all times and you must not divulge the password to anyone. You are solely responsible for any actions or activities that are undertaken using your Account regardless of whether or not you have authorised those actions or activities. If you become aware of any unauthorised use of your Account you must immediately notify Youcamp.
4.5 If you register for an Account, you agree that Youcamp may request a credit report on you from a credit reporting agency. If Youcamp does request a credit report if will do so and use it in accordance with any applicable law.
5. USER CONDUCT
5.1 In using the Youcamp system you agree that you must not:
(a) tamper with or hinder the operation of the Youcamp System;
(b) interfere with or otherwise damage the Youcamp System, including but not limited to transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Youcamp System;
(c) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Youcamp System;
(d) modify, adapt, translate or reverse engineer any portion of the Youcamp System;
(e) copy, store, access or use any information on the Youcamp System except as expressly allowed under these Terms and Conditions;
(f) remove any copyright, trade mark or other proprietary rights notices contained in or on the Youcamp System;
(g) breach any authentication or security measures of the Youcamp System or scan or test (or attempt to scan or test) any vulnerability of the Youcamp System;
(h) remove, bypass, circumvent, avoid or undertake similar action (or attempt to) in relation to any security or technological system in place in respect of the Youcamp System;
(i) reformat or frame any portion of the web pages that are part of the Youcamp System;
(j) create Accounts by automated means or under false or fraudulent pretences;
(k) use the Youcamp System to violate the security of any computer or other network or engage in illegal conduct;
(l) use the Youcamp System to use or expose any Youcamp content that is not otherwise publicly displayed;
(m) take any action that imposes or that would, in Youcamp’s reasonable opinion, result in an unreasonable or disproportionately large load on Youcamp’s infrastructure;
(n) post or upload any content containing viruses, political advertising, commercial solicitation, mass mailings, or any form of spam;
(o) use the Youcamp System for any commercial or other purposes which are not expressly permitted under these Terms and Conditions;
(p) infringe upon Youcamp’s rights or the rights of any third parties;
(q) imply to others any endorsement by Youcamp or other relationship with Youcamp or which misleads others as to your affiliation with Youcamp;
(r) disparage, damage or otherwise cause harm to the Youcamp brand in any way, including but not limited to using or registering any similar or derivative names, trade marks, domains, business names or other similar identifiers that are misleading or confusing similar to any of the foregoing owned, licensed or otherwise used by Youcamp;
(s) post or otherwise make available any person’s personal information without their express permission;
(t) harass or solicit (including but not limited to a request to join third party services) any other user of the Youcamp System;
(u) act in a manner which is abusive, threatening or harassing;
(v) create a Property Listing as a Host for property that you do not own or otherwise have sufficient legal right to rent or otherwise create a Property Listing for. By creating a Property Listing, you warrant to Youcamp that you own or otherwise have sufficient legal right to rent or otherwise create a Property Listing;
(w) create a Property Listing as a Host where you are acting in the capacity as a rental or listing agent for a third party;
(x) make a booking request for a Property Listing for or on behalf of any third party;
(y) contact another User for a purpose other than asking a bona fide question in relation to a Property Listing;
(z) use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to your origin or affiliations (except to the extent that Youcamp permits the use of a pseudonym, moniker or username);
(aa) use the Youcamp System to find a Guest or a Host but then act in any way which circumvents the Youcamp system (for example, making a booking outside the operation of the Youcamp System) and the obligation to pay either the Guest Fees or the Host Fees or for any other reason;
(bb) make or accept any payment for a Property Listing outside of the Youcamp System. If you do you, then you acknowledge that it is in breach of these Terms and Conditions and that you accept all risk and responsibilities for any such payment. You indemnify and hold harmless Youcamp from any liability for payment made or received outside of the Youcamp System;
(cc) create a Property Listing which contains any information that is false or misleading or which you do not intend to honour;
(dd) post, upload, publish, submit or transmit any content that is illegal (or promotes illegal activity), fraudulent, obscene, pornographic, offensive, threatening, defamatory, invasive of privacy, infringes intellectual property rights (including but not limited to third party copyright) or is otherwise injurious to third parties;
(ee) breach any other policies of Youcamp; or
(ff) breach any law or court order.
5.2 You acknowledge and agree that it is your sole responsibility to ensure that you comply with any laws that may be applicable to your use of the Youcamp System.
5.3 Youcamp has no obligation to review or monitor the Youcamp System, any content on the Youcamp System or your use of it. Notwithstanding that fact, Youcamp may from time to time do so at its sole discretion, including but not limited to for monitoring compliance with these Terms and Conditions or to comply with law. Youcamp may also, at its sole discretion, remove or disable access to any content on the Youcamp System that it believes is in breach of these Terms and Conditions or which is otherwise objectionable or harmful.
5.4 If you are a Guest or Host and you believe that someone has acted inappropriately (for example, offensive, violent or other inappropriate behaviour or theft), or in respect of a Property Listing, the actions should be immediately reported to the police and / or other relevant authorities and then to Youcamp. Youcamp shall not liable to you in respect of any such inappropriate actions and Youcamp shall not be liable to take any action except as may be required by law.
5.5 Youcamp reserves its rights in relation to any breach of these Terms and Conditions and without limiting any action which Youcamp may take, Youcamp may suspend, cancel, deactivate or terminate your Account or Property Listing, or pending or accepted bookings or limit your access to the Youcamp System if:
(a) you have breached these Terms and Conditions (whether the breach is material or not);
(b) you receive poor ratings from Guests or Hosts;
(c) you provide inaccurate, misleading, fraudulent or incomplete details during the registration of your Account;
(d) as a Host, you provide inaccurate, misleading, fraudulent or incomplete details in any Property Listing;
(e) you breach any law or rights of third parties; or
(f) Youcamp believes that it is reasonably necessary:
(i) to ensure the safety of any person or property,
(ii) to prevent a breach of law; or
(iii) for security or investigation purposes.
6. PROPERTY LISTINGS
6.1 You may use your Account to create Property Listings on the Youcamp System. In order to complete the listing of your Property, you will be required to provide various details regarding the Property. These may include (but not be limited to) location, permissible uses, size, capacity, features, availability, price and any other details Youcamp may request. You must provide all details which Youcamp advises are mandatory to complete the Property Listing. When you add a Payment Method during the Property Listing process, Youcamp will automatically save that Payment Method to your Youcamp account so it can be used for payouts.
6.2 Subject to these Terms and Conditions, your Property Listing shall be displayed on the Youcamp System. You acknowledge and agree that the display of the Property Listing is publically available and may be viewed by any user of the Youcamp System. You further acknowledge and agree that the manner in which the Property Listing is displayed and its ranking or appearance in any search results of Property Listings is at the discretion of Youcamp and without limitation to that, may vary depending on user ratings, preferences or searching criteria.
6.3 Account Holders may book your Property Listing using the Youcamp System, on the basis of the details contained in your Property Listing and any requirements or restrictions which you have applied to your Property Listing. You acknowledge and agree that once a Guest requests to book your Property Listing via the Youcamp System, you must not require the Guest to pay a higher amount than the booking request they have made.
6.4 You are solely responsible for all content which you post on the Youcamp System, including any contained in a Property Listing. You warrant to Youcamp that any such content that you post:
(a) shall not breach any agreements that you have entered into with any third parties;
(b) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties;
(c) not conflict with the rights of any third parties;
and that Youcamp shall have no responsibility for an Account Holder’s compliance with the warranties provided in this clause.
6.5 A Property Listing may contain requirements to be met by any prospective Guests to apply for a booking. Any prospective Guest of a Property Listing must meet any such requirements.
6.6 As a Host, you are responsible for your own actions and omissions and the content of any Property Listing you make, including how you use or do not use any tools made available to you as part of the Youcamp System. You are also responsible for the acts and omissions of any people who you allow reside or who you allow to be present on or near the Property location.
6.7 As a Host, you acknowledge that regulations and approvals across Australia vary from state to state and council to council and is your responsibility. However our brokers advise that the Youcamp Safe Insurance Scheme (Madatory Insurance) has been built to provide coverage irrespective of where you are in Australia and what approval process is required. The Youcamp Safe insurance policy applies to all eligible hosts, independent of local planning laws or exemptions.
7.1 Mandatory Insurance
(a) As a Host, subject to clause 7.2, it is condition of your use of the Youcamp System and the creation of a Property Listing that you obtain the Mandatory Insurance. If you are unable to obtain the Mandatory Insurance or you do not wish to obtain the Mandatory Insurance, you are not allowed to create a Property Listing or use the Youcamp System as a Host
(b) Youcamp will facilitate you, subject to these Terms and Conditions, obtaining the Mandatory Insurance from the Insurance Issuer as part of the process to create a Property Listing. To enable Youcamp to do this, you agree that Youcamp may require you to provide various details in relation to You, any Properties, and anything else which the Insurance Issuer may require in order to offer the Mandatory Insurance. You authorise:
(i) Youcamp to provide this information to the Insurance issuer; and
(ii) the Insurance Issuer to deal with the information as it sees fit to provide the Mandatory Insurance and as otherwise as you permit the Insurance Issuer to do so pursuant to the Insurance Documentation;
you warrant to Youcamp that any details which you provide to Youcamp and/or the Insurance Issuer will be truthful and accurate.
(c) You acknowledge and agree that the Insurance Issuer has no obligation to offer the Mandatory Insurance to you and it makes any offer of insurance at its absolute discretion. Without limitation to the Insurance Issuer’s discretion to offer the Mandatory Insurance, the Insurance Issuer may consider your circumstances before deciding whether to offer the Mandatory Insurance. If the Insurance Issuer does not offer the Mandatory Insurance to you, you are not allowed (subject to clause 7.2) to create a Property Listing or use the Youcamp System as a Host.
(d) You must consider whether the Mandatory Insurance is appropriate for you and your circumstances. You should read all the Insurance Documentation before deciding whether to acquire the Mandatory Insurance.
(e) You acknowledge and agree that the Mandatory Insurance is subject to the Insurance documentation and any other terms and conditions (including but not limited to exclusions and/or limitations on the insurance) as set by the Insurance Issuer.
(f) The Insurance Issuer has a dispute resolution system to address issues you may have with the Mandatory Insurance. The Insurance Issuer’s dispute resolution system can be accessed here.
(g) Youcamp will advise the Host of the Mandatory Insurance Fee payable before the Host confirms the acceptance or decline of a booking request from a potential Guest. By accepting the booking request, the Host agrees to pay the Mandatory Insurance Fee in consideration for the Mandatory Insurance. The Mandatory Insurance Fee will be collected by Youcamp from the Combined Fees in accordance with clause 9.2(c) and Youcamp will forward the Mandatory Insurance Fee to the Insurance Issuer.
7.2 Exception to Mandatory Insurance
(a) Youcamp may, at its absolute discretion, waive in writing the condition contained in clause 7.1(a) where you as a Host already have a policy of general risk policy of insurance in relation to you Property Listing. You must give Youcamp a copy of such insurance policy upon request and provide any additional details requested by Youcamp.
(b) You acknowledge and agree that any waiver pursuant to clause 7.2(a) is not a statement, representation, or otherwise by Youcamp that any insurance which you hold is adequate or appropriate for you, your Property, or your circumstances and does not limit the effect of clause 7.4.
7.3 Product Distributor Only
Youcamp is product distributor of the Insurance Issuer. Youcamp does not provide any advice in relation to any insurance offered or issued by the Insurance Issuer. Any statements or other material relating to the insurance on the Youcamp System are not advice in relation to such insurance and must not be relied upon by you.
7.4 Other Insurances
As a Host, Youcamp recommend that you obtain appropriate insurance (which may be in addition to the Mandatory Insurance) and that you are fully aware and understand your insurance policies, their coverage and any restrictions or limitations which may apply. You may wish to seek independent professional advice in relation to insurance.
7.5 Disclosure of Benefits
You acknowledge that Youcamp receives an administration fee from the Insurance Issuer for each insurance policy sold or renewed. The administration fee is calculated at 10% of the premiums for any such policy sold or renewed.
8. OTHER ACCOUNT HOLDERS AND THIRD PARTIES
8.1 Youcamp does not approve or endorse any Property Listing, Property or any Account Holder, even where the Youcamp System may suggest otherwise. Without limitation to the foregoing, you agree that Youcamp may require forms of identification from you, evidence of your date of birth and any other information which Youcamp may request. Youcamp may undertake identity checks, background checks and other similar checks on Account Holders.
8.2 You agree that if you experience any loss or damage arising from any acts or omissions of other Users or any third parties, that your liability or remedy will be limited to a claim against the relevant User or third parties and not against Youcamp. You agree not to bring a claim or seek to place liability on Youcamp for any acts or omissions of any Account Holders or third parties. For the avoidance of doubt, this clause shall not apply to a claim by a Host in relation to payments received by Youcamp from a Guest on behalf of the Host (in which case, clause 9.2 shall apply).
9. FEES AND BOOKINGS
All amounts payable (including but not limited to Host Fees, Guest Fees and Property Licence Fees) by any party under these Terms and Conditions shall be in Australian dollars.
9.2 Host Terms
(a) If a booking request is made for your Property Listing on the Youcamp System, as a Host must either:
(i) accept the booking; or
(ii) decline the booking;
within the Confirmation Period. If you do not do one of the above within the Confirmation Period, then the booking request will lapse and Youcamp shall refund any amounts it has collected for the requested booking from the Guest.
(b) When a booking request is made for your Property Listing on the Youcamp System, Youcamp will provide you with the following details of the Guest:
(i) the name of the Guest;
(ii) details of the Account profile of the of the Guest and a link to that profile; and
(iii) any other details which Youcamp decide to provide you and which the Guest has agreed may be provided.
(c) Youcamp will collect the Combined Fees from the Guest at the time the Host accepts the booking request. Youcamp shall remit the Property Licence Fees (less the Host Fees, the Mandatory Insurance Fee, Taxes and other applicable fees) to the Host promptly after the Guest’s scheduled check-in time. Provided however that the Host acknowledges that any such remittance is subject to any refund (in full or in part) that may be due to a Guest either pursuant to a cancellation policy applying to a Property Listing allowing a Guest to cancel a booking or as a result of any other refund right of a Guest under these Terms and Conditions.
(d) Hosts, not Youcamp, are solely responsible for honouring any accepted bookings and making available any Properties booked through the Youcamp System.
9.3 Guest Terms
(a) The Youcamp System will advise the Guest of the Combined Fees payable before the Guest completes a booking request. Once your booking is received, Youcamp may undertake a pre-authorisation of your selected payment method. In the event that a Host does not accept the Guest’s booking request, Youcamp will not charge any monies. When you add a Payment Method during the booking process, Youcamp will automatically save that Payment Method to your Youcamp account so it can be used for booking alterations, refunds and future transactions.
(b) A Guest agrees to pay the Combined Fees for any booking request made in connection with the Guest’s Account. Youcamp will collect the Combined Fees pursuant to these Terms and Conditions.
(c) Youcamp will contact the Guest and provide a summary of the booking after the booking transaction is complete.
(d) You acknowledge and agree that:
(i) the Host is solely responsible for meeting any accepted bookings and providing the booked Property to the Guest. Youcamp is not in any way responsible for this;
(ii) the booking of a Property and provision of a booked Property to the Guest by the Host as contemplated in these Terms and Conditions is a transaction between the Guest and the Host only. The Guest and the Host enter into an agreement for the provision of the Property and the Guest must agree to accept the term and conditions and restrictions applicable to the Property which may be determined by the Host; and
(iii) Youcamp is not a party to the agreement between the Guest and Host and is not in any way responsible for performing the obligations of either party under any such agreement and Youcamp is not responsible for any liability which may arise or is otherwise related to such agreements except to the extent that Youcamp collects and remits payment of the Property Licence Fees (pursuant to clause 9.2).
9.4 Host Fees and Guest Fees
(a) In consideration of the use of the Youcamp System by Guests and Hosts, Youcamp charges the Guest Fees and the Host Fees. The Guest Fees and the Host Fees are collected by Youcamp in accordance with these Terms and Conditions and Youcamp may also collect GST and other Taxes in accordance with these Terms and Conditions.
(b) Host Fees and Guest Fees are only refundable to the extent expressly stated in these Terms and Conditions or to the extent required by law.
9.5 Cancellations and Refunds
(a) Cancellation by Guest
If a Guest wishes to cancel an accepted booking, the cancellation is governed by the cancellation policy of the Host contained in the relevant Property Listing. The ability of Youcamp to refund part or all of the Property Licence Fees or any other amounts charged to the Guest shall be determined by the Host’s cancellation policy. The details of cancellation policies and refunds are provided on the Youcamp System. Regardless of the cancellation policy of the Host, any Guest Fee is not refundable due to a cancellation of an accepted booking by a Guest.
(b) Cancellation by Host
If a Host cancels an accepted booking, Youcamp:
(i) will notify the Guest of the cancellation;
(ii) will refund the Combined Fees for that cancelled booking to the Guest within a reasonable time;
(iii) may post a notice or review on the Host’s Property Listing to indicate that a booking was cancelled by the Host; and
(iv) may charge the Host a cancellation fee, Youcamp will notify the Host of the cancellation fee before the Host cancels the accepted booking.
(c) Cancellation by Youcamp
Youcamp may, in its sole discretion, cancel an accepted booking for any reason. Without limitation to the foregoing, Youcamp may cancel an accepted booking for extenuating circumstances upon request by either the Guest or the Host and:
(i) in the case of the Guest, the Host’s cancellation policy shall not apply and Youcamp may provide a refund of the Combined Fees either in whole or in part; and
(ii) in the case of the Host, the cancellation fee otherwise payable by the Host may be reduced or waived.
For the purposes of this clause 9.5(c), Youcamp shall determine (at its sole discretion) what constitutes extenuating circumstances. Without limitation to Youcamp’s discretion, the following may constitute extenuating circumstances:
(iii) death of a family member;
(iv) illness (including illness of a family member);
(v) natural disaster; and
(vi) damage to a Property.
9.6 Changing a Booking
You are responsible for any changes to a booking that you request, as a Guest or a Host, Youcamp to make. You must pay any additional fees which result from a change to a booking.
9.7 Extended Stay
(a) The Guest and the Host acknowledge and agree that the accepted booking represents a licence granted by the Host to the Guest for the Guest to access and use the Property Listing for the agreed duration of the accepted booking only and in accordance with the terms and conditions agreed between the Guest and the Host. The Guest must leave the Property by the checkout time specified in the Property Listing, or such other time which may be mutually agreed.
(b) The Guest is not entitled to remain on the Property past the checkout time without the consent of the Host and the Host shall be entitled to require the Guest to leave the Property at the checkout time.
10. RECIPIENT CREATED TAX INVOICES
Unless otherwise stated, words in this clause 10 have the same meaning as in the GST Act.
10.2 Recipient Created Tax Invoicing
(a) This clause 10 shall apply where both Youcamp and the Host are registered for GST. The Host must advise Youcamp whether or not it is registered for GST before creating any Property Listing. If this clause 10 does not apply, the imposition of GST (if any is required) on any supply between the Host and a Guest shall be the sole responsibility of the Host. Youcamp disclaims all liability in relation to such liability and the Host shall indemnify and hold Youcamp harmless in respect of any such liability.
(b) As a Host you agree that Youcamp will issue a RCTI for the deemed supply of accommodation, activities and services (“the supply” for the purposes of this clause 10) by the Host to Youcamp under the operation of subdivision 153-B of the GST Act.
(c) The Host will not issue an invoice in respect of the supply.
(d) Both parties agree that they are parties to an RCTI Agreement as outlined in Goods and Services Tax Ruling GSTR 2000/10.
10.3 GST and Agency
(a) Youcamp will, on the Host’s behalf, do the following:
(i) make supplies to third parties;
(ii) facilitate supplies to third parties (including by issuing invoices relating to, or receiving consideration for, such supplies);
(iii) make acquisitions from third parties; and
(iv) facilitate acquisitions from third parties (including by providing consideration for such acquisitions).
(b) this clause 10 applies to all supplies and acquisitions associated with the provision of camping and accommodation services at the Property.
(c) For the purposes of this clause 10:
(i) Youcamp will be treated as making the supplies to the third parties;
(ii) Youcamp will be treated as making the acquisitions from the third parties;
(iii) a Host will be treated as making corresponding supplies to Youcamp; and
(iv) a Host will be treated as making corresponding acquisitions from Youcamp.
(d) In the case of supplies to third parties:
(i) Youcamp will issue to the third parties, tax invoices and adjustment notes relating those supplies; and
(ii) a Host will not issue to the third parties any tax invoices and adjustment notes relating to those supplies.
10.4 GST Registration
(a) As a Host you warrant that you are registered for GST and that you will notify Youcamp if you cease to be registered.
(b) Youcamp warrants that it is registered for GST and that it will notify Hosts if it ceases to be registered.
(c) If either Youcamp or the Host ceases to be registered for GST then this clause 10 shall not apply and the imposition of GST on any supply between the Host and a Guest shall be the sole responsibility of the Host. Youcamp disclaims all liability in relation to such liability and the Host shall indemnify and hold Youcamp harmless in respect of any such liability.
10.5 Other Taxes
(a) You as a Host understand and agree that (except to the extent that clauses 10.1 to 10.4 apply) you are solely responsible for determining:
(i) any tax reporting requirements that may be applicable to you; and
(ii) any Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Property Listings;
(b) You as a Host are also solely responsible (except to the extent that clauses 10.1 to 10.4 apply) for remitting to the relevant authority any Taxes included or received by you. You as a Host acknowledge and agree that Youcamp does not offer and will not offer any Tax advice to you.
10.6 Release and Indemnity
You as a Host hereby release, defend, indemnify, and hold Youcamp and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of GST in any amount or at all as to your transactions or Property Listings.
11.1 If GST is imposed or levied in respect of any supply by Youcamp to a User under or in accordance with this Agreement (including the supply of the Services) to the extent the Consideration otherwise provided for that supply under this Agreement is not stated to already include an amount in respect of GST on the supply then Youcamp may recover the GST Amount from the User in addition to the Consideration.
11.2 Any GST Amount payable pursuant to this clause shall be payable at the same time and in the same manner as the Consideration in respect of which the GST Amount is calculated. Youcamp must issue to the User a tax invoice which complies with the GST Act in respect of the supply.
11.3 If an Adjustment Event has taken place in relation to a supply by Youcamp to the User under or in accordance with this Agreement then the GST Amount payable by the User under this clause shall be adjusted accordingly and an Adjustment Note issued in accordance with the GST Act.
11.4 This Agreement requires the User to pay, reimburse or contribute to an amount paid or payable by Youcamp, in respect of an acquisition from a third party for which Youcamp is entitled to a full or partial input tax credit, the amount for payment, reimbursement or contribution will be:
(a) The value of the acquisition by Youcamp less any input tax credit to which Youcamp is entitled; plus
(b) If Youcamp’s recovery from the User of the amount identified in Clause 11.4 (a) above will be a Taxable Supply, the GST payable in respect of that Taxable Supply.
12. PROPERTY DAMAGE
12.1 A Guest must leave the Property in the same condition as when they arrived at the Property and they are responsible for any damage caused to the Property, including any damage done by any persons who Guests invite or allow on the Property. A Guest shall be liable to the Host for any such damage and must pay to the Host the cost of remedying (including costs of repair or replacement) such damage upon request by the Host.
12.2 A Host may make a claim for damage in relation to a Property and a Guest will be given notice of the claimed damage and a reasonable period to respond to the claim. Youcamp may claim the cost of claimed damage from the Guest, provided however that this shall not limit Youcamp or the Host’s ability to claim any sum from the Guest where the Guest has, as determined by Youcamp (in its sole discretion), damaged the Property.
12.3 Hosts and Guests agree that in relation to any claim for damage or any other complaint or investigation undertaken by Youcamp, that they must both cooperate with and assist Youcamp and to provide Youcamp with any information requested and to take any reasonable actions that Youcamp requests. Hosts and Guest must act in good faith to Youcamp in any attempts to resolve a claim or damage or other complaint.
12.4 Youcamp may attempt to settle claims or complaints brought by a Host for damage or other complaint against a Guest by mediation or other dispute resolution processes and Hosts and Guests agree that they will participate in such, provided that they are reasonable. The processes shall be conducted by Youcamp or another third party at the election of Youcamp.
12.5 Guests acknowledge and agree that Youcamp may make a claim under any applicable insurance policy of a Guest in respect of any damage or loss which is caused by the Guest or for which they are otherwise responsible in respect of a Property. A Guest will provide all assistance and cooperation requested by Youcamp (acting reasonably) to make or to progress or finalize any such claim. Such assistance and cooperation shall extend to the signing of any documents and taking any actions Youcamp reasonably requests.
13. PRIVACY AND SPAM OBLIGATIONS
13.2 You agree that your use of the Youcamp System is subject to the Privacy Act 1998 (Cth) and the Spam Act 2003 (Cth) and you agree not to breach any requirement of these Acts or any other legislation or laws applicable to your collection, use and disclosure of personal information. In particular, you acknowledge that you are responsible for ensuring that you do not use the Youcamp System to collect, use or disclose any personal information, sensitive information or health information regarding any patient other than in accordance with the Privacy Act and any other legislation or laws applicable to your collection, use and disclosure of personal information.
(a) respond to any claim made against Youcamp;
(b) enforce or administer any agreement which Youcamp may have with you;
(c) to prevent fraud, assess risks, conduct investigations or to improve the Youcamp system;
(d) to protect the rights, property and safety of you, Youcamp and the public;
provided that any such dealing does not breach of any law applicable to Youcamp.
14. INTELLECTUAL PROPERTY
14.1 All software used in conjunction with the Youcamp System is the exclusive property of Youcamp or its software providers and is protected by copyright laws. You agree that you will not copy, use or alter any of this copyrighted material and will not do anything which may breach copyright in this material.
14.2 All trademarks, logos, business or trade names and any other proprietary designations of Youcamp used on or in connection with the Youcamp System are the exclusive property of Youcamp and may be registered trade marks of Youcamp. Any third party trade marks, logos, business or trade names or other proprietary designations are used for reference purposes only and remain the property of their respective owners.
14.3 You must not copy, use, modify, prepare works based on, distribute, transfer, sell, licence, display, or otherwise exploit the Youcamp System, except as expressly permitted under these Terms and Conditions. Youcamp grants you no licence or right in respect of any intellectual property rights owned or licensed by Youcamp except to the extent expressly contained in these Terms and Conditions.
15. CONTENT AND FEEDBACK
15.1 There may be instances in which Youcamp (in its sole discretion) permits you to post or upload content to the Youcamp System. If you do post or upload any such content, then you grant an irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, perpetual licence to Youcamp to use, modify, prepare works based on, distribute, transfer, sell, licence, display, or otherwise exploit such content for any reason. However and notwithstanding the foregoing, Youcamp does not own such content that you post or upload and does not restrict your right to use and exploit such content that you post or upload.
15.2 You acknowledge and agree that if you provide Youcamp with any suggestions, feedback, comments or ideas for the Youcamp System, that you irrevocably assign to Youcamp all right, title and interest in the foregoing including all intellectual property rights which you might otherwise have in same and you agree to waive any moral rights you may have. If Youcamp requests, you agree to sign such documents or do such acts as required in order to carry out and give effect to this clause.
15.3 You are solely responsible for any content that you post or upload to the Youcamp System or suggestions, feedback, comments or ideas you provide to Youcamp and you warrant and covenant to Youcamp that:
(a) You are the sole and exclusive owner of any content that you post or upload to the Youcamp System or you otherwise have all necessary rights, licences, consents, releases or otherwise to grant to Youcamp those rights pursuant to clause 15.1 and clause 15.2; and
(b) The content you post or upload shall or Youcamp’s use of it as contemplated by this clause 15.1 and clause 15.2, shall not breach any applicable law or infringe on the intellectual property rights or privacy of any third party.
15.4 If this Agreement is terminated, Youcamp is not required to delete, return or restore to you any content that you post or upload to the Youcamp System.
16.1 The Youcamp System may contain or provide information posted on, contributed to or advertised on the Youcamp System by third parties. Youcamp does not warrant the accuracy of any third party information and does not endorse or recommend any particular products or services which may be posted, advertised or referred to on the Youcamp System. The inclusion of such material is not an endorsement or recommendation by Youcamp. The Youcamp System may also contain links to other websites. In providing these links, Youcamp does not endorse any third party websites or products and accepts no liability for any content on those websites or any loss or damage you may suffer by acquiring any goods or services from the suppliers of those websites.
16.2 You agree that you will use your own expertise and judgment when considering any such material and deciding to obtain third party goods or services and you acknowledge that Youcamp is not providing any advice or recommendation in respect of any products, services or other information.
16.3 The Youcamp System may utilise third party software or systems in its operation (for example, embedded Google Maps). Your use of any such third party software or systems is subject to any terms and conditions of use specified by the relevant third party provider.
17.1 If you wish to terminate this Agreement, you may do so at any time by using “Account Cancellation” function on the Website or by otherwise notifying us in writing. In the event that you terminate pursuant to this clause, the following shall apply:
(a) if you are a Host, then any accepted bookings will be cancelled and any applicable Guests shall receive a full refund of any Property Licence Fees paid; and
(b) if you are a Guest, then any accepted bookings that you have made will be cancelled. Your entitlement to a refund for those bookings will be determined by the applicable cancellation policy on the Host’s Property Listing.
17.2 Without limitation to clause 17.3, Youcamp may terminate this Agreement at any time for convenience by giving you at least thirty (30) days’ notice to you by email to the email address which you have nominated.
17.3 Youcamp may, without notice to you, terminate this Agreement with immediate effect if:
(a) there is a non-material breach of these Terms and Conditions by you and you fail to remedy that breach to the reasonable satisfaction of Youcamp within a reasonable time after being notified to do so by Youcamp;
(b) there is a material breach of these Terms and Conditions by you;
(c) you have breached any warranty given to Youcamp in these Terms and Conditions;
(d) you provide inaccurate, misleading, fraudulent or incomplete details during the registration of your Account;
(e) as a Host, you provide inaccurate, misleading, fraudulent or incomplete details in any Property Listing;
(f) you breach any law or rights of third parties; or
(g) Youcamp believes that termination of this Agreement is reasonably necessary:
(i) to ensure the safety of any person or property,
(ii) to prevent a breach of law; or
(iii) for security or investigation purposes.
17.4 If Youcamp suspends, cancels, deactivates or terminates your Account or Property Listing, or pending or accepted bookings or limits your access to the Youcamp System in accordance with these Terms and Conditions, Youcamp may:
(a) notify your Guests or Hosts of cancellation of a pending or accepted booking has been cancelled;
(b) refund Guests (in full or in part) for any accepted booking that is cancelled, regardless of any refund policy of the Host; and
(c) assist Guests to find alternative Properties; and no Guest or Host shall be entitled to compensation for the cancellation of any accepted bookings.
17.5 If this Agreement is terminated, then any provisions of these Terms and Conditions which should reasonably survive termination shall remain in effect.
18. LIMITATION OF LIABILITY
18.1 Subject to clause 18.2, all statutory and implied warranties on the part of Youcamp are excluded. The Youcamp System and all information, content, materials, products and services included on or otherwise made available to you through the Youcamp System are provided on as “as is” basis. Youcamp makes no representations or warranties of any kind, express or implied, as to any Property or the operation of the Youcamp System or such information, content, materials, representations, claims, products or services nor does it warrant the suitability of the Youcamp System or any product or service for any particular purpose. You expressly agree that your use of Youcamp System and any contract or agreement you have with other Users, is at your sole risk. Youcamp is not responsible for and disclaims all liability for any acts or omissions of Users or third parties.
18.2 Notwithstanding clause 18.1, Youcamp accepts liability for all legal guarantees and warranties expressed or implied to these Terms and Conditions under the Competition and Consumer Act 2010, or any other applicable legislation the effect of which cannot be excluded by law. However, to extent permitted by law:
(a) Youcamp will only, in the case of services, resupply the services or pay you the cost of resupply; and
(b) Youcamp will only, in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired;
(c) Youcamp’s maximum aggregate liability to you (in contract, tort, statute or otherwise, including negligence) arising out of or in connection with:
(i) this Agreement;
(ii) your use of or inability to use the Youcamp System;
(iii) any Property Listing;
(iv) your interactions with any other users; shall not exceed:
(v) the amount you (as a Guest) have paid or owe for bookings via the Youcamp System as a Guest in the one (1) year period immediately prior to the matter giving rise to the liability;
(vi) the amount that Youcamp has paid to you (as a Host) via the Youcamp System in the one (1) year period immediately prior to the matter giving rise to the liability; or
(vii) if no such payments have been made in that one (1) year period referred to above, than the amount shall be $100.00.
18.3 To the extent permitted by law, Youcamp will not be liable to you for special, punitive, incidental, indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this Agreement or the use or inability to use, the Youcamp System however caused, and regardless of the theory of liability (contract, tort or otherwise) even if Youcamp or its suppliers have been advised of the possibility of such damages.
18.4 Youcamp’s liability to you for loss or damage of any kind arising out of this Agreement or in connection the Youcamp System, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether Youcamp’s liability is in contract, tort (including negligence), under any statute or otherwise.
You agree to release, indemnify and hold Youcamp and its affiliates, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, (including, without limitation, legal fees) arising out of or in connection with:
(a) your access to or your use (or inability to use) the Youcamp System (including but not limited to making a booking as a Guest or creating a Property Listing as a Host);
(b) any material or content on the Youcamp System;
(c) your interactions with any other Users;
(d) the use, condition or rental of a Property by you;
(e) your acts or omissions; and
(f) any breach by you of these Terms and Conditions.
20. GENERAL PROVISIONS
(a) Any notices or other communications under these Terms and Conditions by you to Youcamp may be directed via registered post to Youcamp. Youcamp may otherwise be contacted by visiting the Website.
(b) Any notices or other communications under these Terms and Conditions by Youcamp to you may be in writing and given by email (to the email address you have provided) or by Youcamp providing notice on the Youcamp System.
These Terms and Conditions may be assigned by Youcamp without notice to you and you will continue to be bound in respect of any successor or permitted assign of Youcamp. You may not assign these Terms and Conditions without the express written consent of Youcamp.
(a) These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland.
(b) Any action, suit or proceeding relating in any way to these Terms and Conditions may be instituted, heard and determined in a court of competent jurisdiction in Queensland.
(c) Each party irrevocably submits to the non-exclusive jurisdiction of such court for the purpose of any such action, suit or proceeding.
(d) Each party irrevocably waives any objection which it may now or in the future have to the laying of venue of any action, suit or proceeding relating in any way to these Terms and Conditions brought in such court.
(e) Each party irrevocably waives any claim that any such action, suit or proceeding brought in any such court is brought in an inconvenient forum.
These Terms and Conditions are binding on the parties and their respective successors and permitted assigns, and shall be enforceable by and against the parties or those successors and assigns.
20.5 Variations and waivers to be in writing
No variation, modification or waiver of any provision in these Terms and Conditions, nor consent to any departure by any party from any such provision, shall be of any effect unless it is in writing, signed by the parties or (in the case of a waiver) by the party giving it. Any such variation, modification, waiver or consent shall be effective only to the extent to or for which it may be made or given. This clause 20.5 shall not limit the rights of Youcamp pursuant to clause 2.4.
None of the following constitute a waiver or variation of Youcamp’s right to demand exact compliance under these Terms and Conditions:
(a) failure or delay by Youcamp to exercise any of its rights under these Terms and Conditions;
(b) failure or delay by Youcamp to insist on exact compliance by another party with that other party’s obligations under these Terms and Conditions;
(c) any practice of the parties at variance with these Terms and Conditions, and a waiver by Youcamp of a particular breach does not affect Youcamp’s rights in respect of any preceding, subsequent or other breach.
20.7 Further Assurances
Users shall do all things and sign all documents as may reasonably be required by Youcamp so as to carry out and give effect to the terms and intentions of these Terms and Conditions.
20.8 Joint and Several Obligations
If any party consists of more than one person, then the liability of those persons in all respects under these Terms and Conditions shall be a joint liability of each two or more of those persons and a liability of each of those persons severally.
20.9 Liabilities to More than One Party
Any agreement, representation or warranty in favour of more than one party is for the benefit of each two or more of those parties jointly and each of them severally.
20.10 Remedies Cumulative
A party’s rights and remedies under these Terms and Conditions are cumulative with and not exclusive of that party’s rights and remedies at law.
Any provision of these Terms and Conditions which are illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in another jurisdiction.
20.12 Entire Agreement