ADVERTISING AGREEMENT
Short Stays Australia and New Zealand’s mission is to create a community and connect Australian business owners in the accommodation industry with local Hosts to achieve a productive and successful Listing. Our Advertising Service is designed to promote economic opportunity for our members by enabling them and thousands of other professionals to network, connect and expand their business or company to new heights.
1. Agreement.
The following Terms (“Agreement”) apply to your use of Short Stays Australia and New Zealand’s (collectively “we,” “us,” “our” or “Short Stays Australia and New Zealand”) online Advertising platform, related sites, apps, communications, and other services offered under this Agreement (“Services”). By registering for or using our online Advertising platform, you agree to the Terms of this Agreement, in addition to our website Terms, Privacy Policy and Payment Terms of Service. If you are accessing or using our Advertising Services on behalf of a business or Third Party, you represent and warrant that you have the authority to do so and to bind that business or Third Party to this Advertising Agreement, and your Agreement to this Advertising Agreement will be treated as their respective Agreement. In this event, Short Stays Australia and New Zealand may hold you responsible for violations of this Advertising Agreement by that business or Third Party, and “you,” “your” and “party” as used below will also refer and apply to that business or Third Party.
You are responsible for the Content submitted by you to Short Stays Australia and New Zealand. Additionally, you are responsible for any activity conducted through your Account, including any purchases made or charges incurred. If you represent that you are using the Advertising Service on behalf of a business, you agree that Short Stays Australia and New Zealand may share information about your purchases and use of the Advertising Services with that business, including its representatives and agents. If that business indicates that you are no longer authorised to Advertise on its behalf (e.g., if you leave that business or change roles within that business), you agree you may be removed from accounts associated with that business.
2. Obligations.
2.1 Service Eligibility.
To use the Services, you agree that: (1) you must be 16 years of age or older; (2) you have a registered Australian Business Number (ABN); and (3) you are not already restricted by Short Stays Australia and New Zealand from using our Services.
2.2 Your Account.
You agree to: (1) use a strong password and keep it confidential; (2) not share or transfer any part of your Account and (3) follow the Law. You are responsible for anything that happens through your Account unless you close it or report misuse.
3. Advertisement Package.
Short Stays Australia and New Zealand will charge you periodically in accordance with the advertisement package selected when you register, and your Advertising Listing is created. If an annual Membership is on auto-renew the right to cancel will apply at each renewal and must be actioned within fourteen 14 days from the first day of the renewal, refund transaction fees may apply. To cancel an auto-renewal following a payment being deducted from your Account please contact us via email payments@shortstays.au. If Short Stays Australia and New Zealand adjusts any disputed payment, which will be in Short Stays Australia and New Zealand’s sole discretion to decide, any refund or makegood amount will be paid to the payment details listed on your profile.
4. Creating and Managing Your Listing.
Your Listing must include complete and accurate information about your Business/Companies Services and you are responsible for keeping your Listing information and Content up-to-date at all times. Details required to create an Advertising Listing may include: Business name, business owners name, ABN, email address, business address, information about your team and the services provided, and a profile picture/or business logo.
5. Your Assumption of Risk.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable Law, you assume the entire risk arising out of your access to and use of the Short Stays Australia and New Zealand platform and any Content.
6. Intellectual Property Rights and Feedback.
6.1 Property Rights.
Parts of the Short Stays Australia and New Zealand platform enables you to provide text, photos, and other Content (collectively, “Content”). By providing Content, you grant Short Stays Australia and New Zealand permission to publish/advertise your business when you submit your Listing and register. We may use feedback and testimonials you choose to provide. You grant Short Stays Australia and New Zealand a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation (including for testing, compliance, service improvement, marketing and promotional purposes). If you choose to provide suggestions and feedback to Short Stays Australia and New Zealand, you agree that Short Stays Australia and New Zealand can (but does not have to) use and share such feedback for any purpose without compensation to you. If you provide testimonials about our Advertising Services, we may post those testimonials in connection with our promotion of the Advertising Services. If Content includes personal information, Short Stays Australia and New Zealand’s Privacy Policy describes how Short Stays Australia and New Zealand use that personal information.
6.2 Your Responsibility.
You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant Short Stays Australia and New Zealand the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any Third Party. Content must comply with our Terms, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal Content. You agree that Short Stays Australia and New Zealand may make available Services or automated tools to translate Content and that your Content may be translated using such Services or tools. Short Stays Australia and New Zealand does not guarantee the accuracy or quality of translations and members are responsible for confirming the accuracy of such translations.
7. Short Stays Australia and New Zealand Platform Rules.
7.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules. Act with integrity and treat others with respect. Do not lie, misrepresent something or someone, or pretend to be someone else; Be polite and respectful when you communicate or interact with others; and do not discriminate against or harass others. Do not scrape, hack, reverse engineer, compromise or impair the Short Stays Australia and New Zealand platform. Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other Content from or otherwise interact with the Short Stays Australia and New Zealand platform; Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Short Stays Australia and New Zealand platform or Content; Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Short Stays Australia and New Zealand platform; and, Do not take any action that could damage or adversely affect the performance or proper functioning of the Short Stays Australia and New Zealand platform. Only use the Short Stays Australia and New Zealand platform as authorised by these Terms or another Agreement with us. You may only use another members personal information as necessary to facilitate a transaction using the Short Stays Australia and New Zealand platform as authorised by these Terms; Do not use the Short Stays Australia and New Zealand platform, our messaging tools, or members’ personal information to send commercial messages without the recipient’s expressed consent; Do not use Content unless you have permission from the Content owner or the use is authorised by us in these Terms or another Agreement you have with us.
Do not engage in any practices that are intended to manipulate our search algorithm; and, Do not use, copy, display, mirror or frame the Short Stays Australia and New Zealand platform, any Content, any Short Stays Australia and New Zealand branding, or any page layout or design without Short Stays Australia and New Zealand’s consent. Honor your legal obligations. Understand and follow the Laws that apply to you, including privacy, data protection, and export Laws; If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable Law, (ii) must be authorised to do so, and (iii) authorise us to process that information under our Privacy Policy.
7.2 Reporting Violations.
If you believe that a member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Short Stays Australia and New Zealand. In addition, if you believe that a member, Listing or Content has violated our Terms, Policies or Standards, you should report your concerns to Short Stays Australia and New Zealand via support@shortstays.au. If you reported an issue to local authorities, Short Stays Australia and New Zealand may request a copy of that report. Except as required by Law, you agree that we are not obligated to act in response to any report.
8. Termination, Suspension, and other Measures.
8.1 Term.
The Agreement between you and Short Stays Australia and New Zealand reflected by these Terms is effective when you access the Short Stays Australia and New Zealand platform (for example to create an Account) and remains in effect until either you or we terminate the Agreement in accordance with these Terms.
8.2 Member Violations/Suspensions and Termination.
You may terminate this Agreement at any time by deleting your Account, you can do so by contacting us at support@shortstays.au, refunds are determined in accordance to Section 3. Short Stays Australia and New Zealand may terminate this Agreement and your Account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your Account. Short Stays Australia and New Zealand may also suspend or terminate this Agreement immediately and without notice and stop providing you access to the Short Stays Australia and New Zealand platform if you breach these Terms, violate our Policies, violate applicable Laws, or we reasonably believe suspension or termination is necessary to protect Short Stays Australia and New Zealand, its members, or Third Parties. For minor violations or where otherwise appropriate as Short Stays Australia and New Zealand determines in its sole discretion, you will be given notice of any intended measure by Short Stays Australia and New Zealand and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting Customer Service at support@shortstays.au. If your Account has been inactive for more than 2 years, we may terminate your Account without prior notice.
If this Agreement has been terminated, you are not entitled to a restoration of your Account or any of your Content. If your access to or use of the Short Stays Australia and New Zealand platform has been limited, or your Short Stays Australia and New Zealand Account has been suspended, or this Agreement has been terminated by us, you may not register a new Account or access or use the Short Stays Australia and New Zealand platform through an Account of another member.
8.3 Legal Mandates.
Short Stays Australia and New Zealand may take any action it determines is reasonably necessary to comply with applicable Law, or the order or request of a court, Law enforcement, or other administrative agency or governmental body.
9. Modification.
Short Stays Australia and New Zealand may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Short Stays Australia and New Zealand platform and update the “Last Updated” date at the bottom of these Terms. We will also provide you with notice of any changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Short Stays Australia and New Zealand platform will constitute acceptance of the revised Terms.
10. Our Role.
Short Stays Australia and New Zealand offers a platform that enables members to publish, offer, search for, connect with and book Host Services. While Short Stays Australia and New Zealand works hard to ensure our members have a great experience using the Short Stays Australia and New Zealand platform, we do not and cannot control the conduct of our users. You acknowledge that Short Stays Australia and New Zealand has the right, but does not have any obligation, to monitor the use of the Short Stays Australia and New Zealand platform and verify information provided by our members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Short Stays Australia and New Zealand platform (including for fraud prevention, risk assessment, investigation and Customer Support purposes); (ii) ensure members’ compliance with these Terms; (iii) comply with applicable Law or the order or requirement of a court, Law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Advertising Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Short Stays Australia and New Zealand administers its Terms, Policies and Standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Short Stays Australia and New Zealand in good faith, and to provide Short Stays Australia and New Zealand with such information and take such actions as may be reasonably requested by Short Stays Australia and New Zealand with respect to any investigation undertaken by Short Stays Australia and New Zealand regarding the use or abuse of the Short Stays Australia and New Zealand platform.
11. Member Accounts.
You are responsible and liable for activities conducted through your Account and must immediately notify Short Stays Australia and New Zealand if you suspect that your credentials have been lost, stolen, or your Account is otherwise compromised. If and as permitted by applicable Law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against Third-Party databases or other sources and request reports from Service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents if this information becomes available to us.
12. Disclaimer of Warranties.
Short Stays Australia and New Zealand provide that the Short Stays Australia and New Zealand platform and all Content “as is” without warranty of any kind and Short Stays Australia and New Zealand disclaim all warranties, whether expressed or implied. For example: (i) Short Stays Australia and New Zealand do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or Third Party; (ii) we do not warrant the performance or non-interruption of the Short Stays Australia and New Zealand platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or members (if any) will identify past misconduct or prevent future misconduct. Any references to a member or Listing being “verified” (or similar language) indicate only that the member has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by Law. If you have statutory rights or warranties Short Stays Australia and New Zealand cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by Law.
13. Limitations on Liability.
Neither Short Stays Australia and New Zealand (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Short Stays Australia and New Zealand platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or Services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Short Stays Australia and New Zealand platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Short Stays Australia and New Zealand platform, or (iv) publishing of a Listing, whether based on warranty, Contract, tort (including negligence), product liability or any other legal theory, and whether or not Short Stays Australia and New Zealand has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. These limitations of liability and damages are fundamental elements of the Agreement between you and Short Stays Australia and New Zealand. If applicable Law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
14. Indemnification.
To the maximum extent permitted by applicable Law, you agree to release, defend (at Short Stays Australia and New Zealand option), indemnify, and hold Short Stays Australia and New Zealand (including any other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting Fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional Terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Short Stays Australia and New Zealand platform, (iii) your interaction with any member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, or (v) your breach of any Laws, Regulations or Third Party rights such as intellectual property or privacy rights.
15. Governing Law and Venue.
If you reside or have your place of establishment in Australia, these Terms will be interpreted in accordance with the Laws of the New South Wales and Australia, without regard to conflict-of-Law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration Agreement must be brought in state or federal court in Sydney, New South Wales, Australia, unless we both agree to some other location. You and Short Stays Australia and New Zealand both consent to a venue and personal jurisdiction in Sydney, New South Wales, Australia.
16. Dispute Resolution and Arbitration Agreement.
16.1 Application.
This Arbitration Agreement only applies to you if your country of residence or establishment is Australia. If your country of residence or establishment is not Australia, and you nevertheless attempt to bring any legal claim against Short Stays Australia and New Zealand in Australia, this Arbitration Agreement will apply for determination of the threshold issue of whether this applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable Law.
16.2 Overview of Dispute Resolution Process.
Short Stays Australia and New Zealand is committed to participating in a consumer-friendly Dispute Resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Short Stays Australia and New Zealand Customer Service team and if necessary (2), a binding arbitration administered by the Australian Centre for International Commercial Arbitration (“ACICA”). You and Short Stays Australia and New Zealand each retain the right to seek relief in small claims court as an alternative to arbitration.
16.3 Mandatory Pre-Arbitration, Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you, and Short Stays Australia and New Zealand each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Short Stays Australia and New Zealand by mailing it to Short Stays Australia and New Zealand registered business address for Service: PO Box 195, Pottsville Beach, NSW, Australia 2489. Short Stays Australia and New Zealand will send its notice of dispute to the email address associated with your Short Stays Australia and New Zealand Account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30 day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.acica.org.au) with the ACICA and providing a copy to the other party as specified in the ACICA Rules (available at www.acica.org.au).
16.4 Agreement to Arbitrate.
You and Short Stays Australia and New Zealand mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Short Stays Australia and New Zealand platform, Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Short Stays Australia and New Zealand agree that the arbitrator will decide that issue.
16.5 Exceptions to Arbitration Agreement.
You and Short Stays Australia and New Zealand each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Short Stays Australia and New Zealand agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the International Arbitration Act 1974 (Cth).
16.6 Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the International Arbitration Act 1974 (Cth) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by ACICA in accordance with the Consumer Arbitration Rules and/or other ACICA arbitration rules determined to be applicable by the ACICA (the “ACICA Rules“) then in effect, except as modified here. The ACICA Rules are available at www.acica.org.au. In order to initiate arbitration, a completed written demand (available at www.acica.org.au) must be filed with the ACICA and provided to the other party, as specified in the ACICA rules.
16.7 Modification to ACICA Rules – Arbitration Hearing/Location.
To make the arbitration most convenient to you, Short Stays Australia and New Zealand may agree that any required arbitration hearing may be conducted, at your option: (a) in the State where you reside; (b) in Sydney, New South Wales; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
16.8 Modification of AAA Rules – Fees and Costs.
Your arbitration Fees and your share of arbitrator compensation shall be governed by the ACICA Rules and, where appropriate, limited by the ACICA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ Fees and costs upon proving that the other party has asserted a claim, cross-claim or defence that is groundless in fact or Law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable Law and the ACICA Rules.
16.9 Arbitrator’s Decision.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by Law or the ACICA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
16.10 Jury Trial Waiver.
You and Short Stays Australia and New Zealand acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
16.11 No Class Actions or Representative Proceedings.
You and Short Stays Australia and New Zealand acknowledge and agree that, to the fullest extent permitted by Law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private Lawyer general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable Law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this Agreement to arbitrate, and will be brought in a court of competent jurisdiction. If a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and Short Stays Australia and New Zealand agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.
16.12 Severability.
If any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
16.13 Changes to Agreement to Arbitrate.
If Short Stays Australia and New Zealand changes these Agreement to Arbitrate Terms after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier Agreements to arbitrate any Dispute between you and Short Stays Australia and New Zealand (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Short Stays Australia and New Zealand.
16.14 Survival.
This section will survive any termination of these Terms and will continue to apply even if you stop using the Short Stays Australia and New Zealand platform or terminate your Short Stays Australia and New Zealand Account.
17. Miscellaneous.
17.1 No Waiver.
Short Stays Australia and New Zealand’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under Law.
17.2 Assignment.
You may not assign, transfer, or delegate this Agreement or your rights and obligations hereunder without Short Stays Australia and New Zealand prior written consent. Short Stays Australia and New Zealand may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
17.3 Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically, and given by Short Stays Australia and New Zealand via email, platform notification, messaging service (including SMS), or any other contact method we enable, and you provide.
17.4 Third-Party Services.
The Short Stays Australia and New Zealand platform may contain links to Third-Party websites, applications, Services, or resources (“Third-Party Services”) such as Google Maps and Stripe that are subject to different Terms and Privacy practices. Short Stays Australia and New Zealand is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
17.5 Force Majeure.
Short Stays Australia and New Zealand shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes or shortages of transportation facilities, fuel, energy, labour, or materials.
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