Terms & Conditions

1. OVERVIEW 

Thank you for becoming a member of Farmer Stays.

These terms and conditions (‘T&Cs’) are entered into between Farmer Stays Pty Ltd ABN 84 654 364 388 (‘We’, ‘Us’, ‘Our’ or ‘Farmer Stays’) and you (‘You’ or ‘Your’) (together the ‘Parties’ and each a ‘Party’).

These T&Cs are to be read in conjunction with Our privacy policy: https://www.farmerstays.com/privacy-policy/ (‘Privacy Policy’).

Farmer Stays provides an online marketplace platform (‘Platform’) whereby

• suppliers and hosts (‘Hosts’) of Australian country, rural or farm accommodation, venue hire services and/or experiences (‘Host Services’) can advertise and sell their Host Services and
• travellers and customers (‘Travellers’ or ‘Customers’) can find, book and buy Host Services.

In these T&Cs, ‘User’ means Hosts and Travellers and ‘You’ or ‘Your’ means (as applicable):

• the person or entity registered with Farmer Stays as a User; and/or
• the individual accessing or using the Platform.

The Platform is available on Farmer Stays’ website: https://www.farmerstays.com/.
Please read these T&Cs and the Privacy Policy carefully before using or accessing Our Platform.

2. ACCEPTANCE 

You accept these T&Cs by using or accessing the Platform or Our Services (defined below). If You do not accept these T&Cs and the Privacy Policy You should cease using or accessing Our Platform immediately.

If You are using or accessing the Platform on behalf of Your employer or a business entity, You, in Your individual capacity, represent and warrant that You are authorised to act on behalf of Your employer or the business entity and to bind the entity and the entity’s employees, contractors and other personnel to these T&Cs.

You must be 18 years old or over to use or access the Platform.

Farmer Stays may amend these T&Cs and/or the Privacy Policy at any time, and may provide You with written notice of such changes. By continuing to use the Platform after the notice or 30 calendar days after notification (whichever date is earlier), You agree to the amended terms. If You do not agree to the changes, You may terminate these T&Cs in accordance with clause 22.

3. PLATFORM SUMMARY 

The Platform is an online marketplace platform whereby Hosts and Customers can connect and transact for Host Services.

Farmer Stays provides the services:

• provides, hosts, maintains and makes available the Platform for Users;
• assists and facilitates Users to enter into agreements for the supply of Host Services; and
• process payments between Users,

(together ‘Our Services’).

You understand We are not party to any agreement entered into between any Hosts and Travellers and We have no control over the conduct of Users or any other users of the Platform.

Hosts and Travellers may enter into written agreements in relation to Host Services. To the extent there is an inconsistency between any additional terms and conditions and these T&Cs, these T&Cs will prevail.

We do not undertake to keep Our Platform up-to-date

4. SERVICE ACCESS 

You acknowledge and agree that:

• Farmer Stays will not be liable to You or any third party if Our Platform become unavailable or otherwise not fully or properly functioning at any time or for any period;
• any data transmission to the Platform is at Your own risk because Farmer Stays cannot guarantee the security of Your data;
• You bear sole responsibility for making all and any arrangements necessary in order for You to have access to or use the Platform (including any fees or costs associated with any hardware, equipment, software, services and/or carrier fees that may be required). You are also responsible for ensuring that all persons who access the Platform through Your device or via Account are aware of these T&Cs and that they comply with them;
• Your access to the Platform may be suspended temporarily at any time and without notice; and

Farmer Stays does not undertake to keep either the Platform up-to-date.

5.  LISTINGS 

As a Host, You may list Your Host Services on Our Platform – by registering and creating an account with Us on the Platform – by posting an accurate and complete description of Your Host Services

(‘Host Listing’). The Host Listing, and any amendments made thereto from time to time, must comply with these T&Cs and any other guidelines set out on the Platform.

As a Host, You must also set out Your refund and cancellation policy in Your Host Listing in accordance with clause 9. Subject to this, as a Host, you may stipulate Your own policies to Your Host Listing in your own discretion provided that it does not conflict with any policies, guidelines, criteria or standards published by Farmer Stays on the Platform from time to time.

Farmer Stays will review Your Host Listing before approving the listing on the Platform.

Farmer Stays has ultimate discretion in approving, rejecting or revoking Your Host Listing on the Platform at any time whatsoever, and has no obligation to provide its reasons to You for taking such action.

Farmer Stays may, however, provide its reasons for approving, rejecting or revoking Your Host Listing if it wishes to do so.

Your Host Listing must provide an accurate and complete description of Your Host Services (Australian country, rural or farm accommodation, venue hire services and/or experiences) that You wish to list on the Platform, including (as applicable):

• a description;
• availability;
• location;
• fees; and
• any other information We request You to provide.

The placement of Host Listings may vary depending on a variety of factors.
Host Listings may be viewed or browsed by You or any User. However, in order to book Host Listings, be a Customer and purchase Host Services You must create an account on the Platform.

A Customer may request Host Services detailed in a Host Listing by sending a request via the Platform. The request is an offer from the Traveller to the Host to book the Host Services described in the Host Listing (‘Booking Request’).

The Customer must pay the Booking Fees (as defined further below) for the Booking Request if the Host accepts the Booking Request through the Platform: a booking (‘Booking’).

If You have made a Booking for accommodation or venue hire services:

• you understand and agree that the Booking is a limited licence granted to You by the Host to enter, occupy and use the accommodation or venue described in the Host Listing, for the duration of Your stay or use, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the accommodation or venue, in accordance with Your agreement with the Host.
• and You stay past the agreed checkout or stay time without the Host’s consent (‘Overstay’), You no longer have a license to stay in the accommodation or at the venue and the Host is entitled to make You leave in a manner consistent with applicable law.
• and the Host does not consent to Your Overstay, You indemnify the Host for all Liability and costs that arises as a result of Your Overstay to cover the inconvenience and damage (if any) suffered by the Host, plus all applicable taxes, and any legal expenses reasonably incurred by the Host to make You leave (collectively, ‘Overstay Fees’).
• and the Host consents to Your Overstay, the Host has the right to charge You for each 24 hour period (or any portion thereof) that You Overstay, an additional fee equal to the Host’s average booking for its Host Services plus all applicable taxes, and any legal expenses reasonably incurred by the Host to make You leave.

By accepting a Booking Request, the Host confirms that it is legally entitled to and capable of supplying the Host Services described in the Booking Request.

A Host is not permitted to increase the fees for the Host Services once a Booking Request has been accepted via the Platform.

Hosts must include all additional terms and conditions relating to their Host Services in the relevant Host Listing or must clearly state that there are additional terms and conditions: any checkout times, refund and cancellation policy and any other rules or waivers specific to their Host Services offered.

When a Booking Request is accepted, as a Customer, You agree to pay the relevant fees set out in the Host Listing; the Guest Fee (as defined further below) and the Host’s fees (‘Booking Fee’).

You will not be charged if Your Booking Request is not accepted.

If Your Booking Request is accepted, the customer will receive an invoice that requires payment to be processed within 24 hours of the Host accepting the Booking Request. If Your payment cannot be processed within 24 hours for any reason, Your Booking will be deemed to be cancelled by You, and Your cancellation will be treated in accordance with clause 9.

Upon receipt of the Booking Fee from the Customer, Farmer Stays will hold the Booking Fee on behalf of the Host until:

• paid to the Host (less the Service Fees);
• refunded to the Customer if the Customer is entitled to a refund in accordance with these T&Cs (less the Guest Service Fee) or;
• paid to Farmer Stays for Our Service Fees.
  By no later than 5:00 pm the Monday after the relevant Host Services have been fulfilled, Farmer Stays will pay the Booking Fee on behalf of the Customer to the Host after deduction of Our Service Fees.

If You are a Host:

• You appoint Farmer Stays as Your limited payment collection agent solely for the purpose of accepting the Booking Fee from the relevant Customer.
• You agree that Farmer Stays will not be required to pay You any amount until We have received the Booking Fee from the relevant Customer.
• You agree that Farmer Stays may grant refunds to a Customer pursuant to these T&Cs.

If you are a Customer:

You authorise Farmer Stays to charge You to collect the Overstay Fees within 72 hours after checkout if any Overstay Fees become due and payable.

6. COMMUNICATION 

Farmer Stays may contact You via off-platform communication channels, such as text message, phone call or email.

Users can only communicate with Farmer Stays for support via email.

Users must not communicate outside of the Platform until a Booking has been made. Users must not use the contact details to organise the provision of the Host Services off the Platform or to contact the Host until after the Booking has been completed.

7. ACCOUNTS 

You must register Your details on the Platform and create an account as a Host and/or Traveller (‘Account’) to access the Platform’s features.

You must provide basic information when registering for and creating an Account, including (as applicable):

• Your legal name; Your legal entity; Your business name; Your ABN;
• Your GST status;
• Your contact name;
• Your payment details;
• Your contact number;
• Your email address;
• Your other personal details required by Farmer Stays;
• Your username; and
• Your password;

Once You have registered an Account, Your Account information will be used to create a profile which You may then curate.

You agree to provide accurate, current and complete information during the registration process and for your Account, and regularly update such information to keep same accurate, current and complete.

Farmer Stays may also request that You provide photo identification for the purposes of verifying Your identity against Your Account information provided to Us.

You are responsible for keeping Your Account details and Your password confidential and You will be liable for all activity on Your Account, including purchases made using Your Account details.

You agree to immediately notify Us of any unauthorised use of Your Account.

Farmer Stays may terminate Your Account at any time by notice to You in accordance with these T&Cs.

8. PAYMENT 

Registering an Account on the Platform is free.

In consideration for providing You the Platform, Farmer Stays will charge Our fees plus any third party payment processing fees as set out on the Platform (‘Service Fee’). You accept the additional terms and conditions imposed by the applicable third party payment processor by making any payment through it.

To the extent permitted by law, the Service Fee (Guest Fee) is non-refundable and will be included in the Booking Fee.

All prices referred on the Platform are in Australian Dollars.

If You make a payment by debit card or credit card, You warrant that:

• The information You provide to Us is true and complete.
• You are authorised to use the debit card or credit card to make the payment.
• Your payment will be honoured by Your card issuer.
• You will maintain sufficient funds in Your account to cover the payment.

If any payment has not been made in accordance with this clause 8 or any Cancellation Fees (as defined further below) are not paid when due, Farmer Stays may in Our absolute discretion:

• immediately cease providing the Platform to You, and recover, as a debt due and immediately payable from You, additional reasonably incurred costs in doing so; and/or
• charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 6% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause 8.

9. REFUNDS AND CANCELLATIONS 

As a Host:

You must set out Your refund and cancellation policy when creating Your Host Listing by choosing one of the following available options:

A. 100% refund: Customer receives a full refund for the Booking (less the Guest Service Fee) if cancelled with at least 1 weeks’ notice;

OR

B. 50% refund: Customer receives a 50% refund for the Booking (less the Guest Service Fee) if cancelled with at least 1 weeks’ notice.

OR

C. 100% refund: Customer can cancel until 24hours before check-in for a full refund (less the Guest Service Fee).

OR

D. 100% refund: Customer receives a full refund for the Booking (less the Guest Service Fee) if cancelled with at least 60 days notice.

You agree to deal with the cancellation, variation or refund of any Host Services ordered on this Platform in accordance with the cancellation policy You have set out in Your Host Listing.

You acknowledge that the Cancellation Fee is a genuine pre-estimate of the loss Farmer Stays has incurred as a result of Your cancellation.

If a Customer is eligible for a refund? 

Farmer Stays will transfer the refund amount to the Customer via the payment method used to pay for the Booking, after receiving the refund amount from the Host.

If a Host cancels a Booking? 

Farmer Stays will refund 100% of the Booking Fee to the Customer via the payment method used to pay for the Booking, after receiving the Booking Fee amount from the Host. Farmer Stays will also be entitled to charge the Host the Host Service Fee and the cancellation fee determined as follows:

Up to five per cent (5%) of the aggregate Booking Fee for a cancellation more than 10 days prior to the first day of the relevant Booking;

OR

Up to fifteen per cent (15%) of the aggregate Booking Fee for a cancellation less than 5 days prior to the relevant first day of the Booking,

(‘Cancellation Fee’).

Farmer Stays maintains the right to cancel any Booking in its absolute discretion at any time whatsoever, and has no obligation to provide its reasons for taking such action. Farmer Stays may, however, provide its reasons if it wishes to do so. If Farmer Stays does exercise this right, the Host and Customer will respectively be refunded 100% of the Booking Fee paid.

If a Booking is cancelled due to COVID-19 restrictions imposed by the Australian State and/or Federal Government? 

The Customer will be eligible for a full (100%) refund of the Booking Fee (including the Guest Service Fee).

10. DISPUTES 

Farmer Stays encourages any disputes between Users to be resolved between parties directly and in good faith, either on the Platform or through external communication methods. If a dispute between Users cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws. If agreed to by the Users, Farmer Stays may assist with facilitating and resolving the dispute between the Users.

In relation to a dispute, controversy or Claim arising from, or in connection with, these T&Cs (‘Dispute’) between a User and Farmer Stays, a party must not commence court proceedings relating to a Dispute without first attempting to resolve the Dispute in good faith. If the parties cannot then agree how to resolve the Dispute, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Institute of Western Australia to appoint a mediator and, in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

11. REVIEWS 

Users may leave a review on their experience with the Host and/or the Host Services on the Host Listing made on the Platform (‘Review’).

Users agree to provide true, fair and accurate information in Your Review.

Farmer Stays may review and delete Reviews in its absolute discretion, if We consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate.

Users agree and understand that Farmer Stays is under no obligation to review and consider each Review. To the maximum extent permitted by law, Farmer Stays is not responsible for the content of any Reviews.

Reviews will remain viewable by any User until the relevant Account is removed or terminated.

Users can only write a Review about a Host and/or the Host Services on the Host Listing if they have had a direct experience with or engaged that Host via the Platform.

12. MATERIAL 

As a User, We may allow You to access, view, post, upload, publish, send or receive relevant information, content, material and Reviews (‘Material’) on or via Our Platform.

Unless otherwise indicated, Farmer Stays owns or licences all rights, title, interest and Intellectual Property Rights in Our Platform and all of the Material. Your use of Our Platform and Your use of and access to any Material does not grant or transfer to You any rights, title or interest in relation to Our Platform or the Material.

Farmer Stays makes no representation or warranty regarding the Material (including the accuracy and completeness of the Material).

13. LINKS TO OTHER SITES 

You may be able, through hypertext or other computer links, to gain access to other sites operated either by Farmer Stays, its affiliates or other third parties (‘Linked Sites’) via the Platform. Unless otherwise specified, the Linked Sites are not under Farmer Stays’ control. The Linked Sites may have different terms and conditions and privacy policies. Unless otherwise specified, Farmer Stays is not responsible for the content of any Linked Sites, or any changes or updates to such sites. Farmer Stays provides these links for Your convenience only. You accessing any Linked Sites at Your own risk. Farmer Stays is not a party to any transaction between You and a Linked Site. Unless specified, Farmer Stays does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

14. PRIVACY 

Farmer Stays may collect, use, store, record and transmit Your personal information entered on the Platform. For further details, please refer to the Privacy Policy.

Your continued use of and access to the Platform and your provision of your personal information constitutes your approval for Farmer Stays to deal with your personal information in accordance with the Privacy Policy.

Farmer Stays shall not be liable, and you agree to indemnify Farmer Stays, for any Claim or Liability arising out of any third party’s use of Your personal information whereby such personal information was provided in accordance with these T&Cs and the Privacy Policy.

15. LICENCE 

Farmer Stays grants You a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use Our Platform and access and view any Material solely for Your personal use, in accordance with these T&Cs. All other uses are prohibited without Our prior written consent.

You grant Us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sub-licensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit the Material for internal usage and to provide the Platform and promote the Platform in media or promotional material.

16. INTELLECTUAL PROPERTY 

Our Platform and all Material and content provided to You by Us are Our Intellectual Property or the Intellectual Property of Our licensors and are protected by Intellectual Property Rights. Nothing contained in these T&Cs should be construed as granting, by implication, estoppel or otherwise, any license or right to use Our Intellectual Property unless expressly stipulated under these T&Cs or Our prior written consent.

17. WARRANTIES 

You represent, warrant and agree that, as a User:

• there are no legal restrictions that prevent You from entering into, and being lawfully bound by, these T&Cs;
• all information, material and documentation that You provide to Us in connection with these T&Cs is true, correct and complete;
• You have not relied on any representations or warranties made by Farmer Stays in relation to the Platform, unless expressly stipulated in these T&Cs;
• You do not take Farmer Stays as having taken into account Your specific needs, objectives or circumstances when using the Platform;
• to the maximum extent permitted by law, You indemnify Farmer Stays and hold Us harmless from and against all Liabilities, howsoever arising, suffered or incurred by Us and arising from or in connection with any Claim or any Liability We incur as a result of the Material You make available on or via the Platform;
• You will indemnify Farmer Stays for any Liability arising from any Material being inaccurate or out-of-date;
•  You are solely responsible for all Material that You make available on or via Our Platform;
• You will be responsible for the use of any part of the Platform, and You must ensure that no person uses any part of the Platform:
• to break any law or infringe any person’s rights (including Intellectual Property Rights);
• to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
• or in any way that damages, interferes with or interrupts the supply of the Platform;
• You are either the sole and exclusive owner of all Material or You have all rights, licences, consents and releases that are necessary to grant to Us the rights in such Material as contemplated by these T&Cs;
• neither the Material nor the posting, uploading, publication, sending or receiving of the Material or Our use of the Material on, through or by means of Our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
• when booking on behalf of additional guests, that You nominate the guests in the Booking Request and that the additional guests meet the requirements as listed in the Host Listing;
  You are not entitled to the benefit of any policies of insurance that We may hold; and
• You will abide to any policies, guidelines, criteria or standards published by Farmer Stays on the Platform from time to time which relates to Users.

You represent, warrant and agree that, as a Traveller You will comply with the Host’s reasonable instructions, guidelines, criteria or standards.

You represent, warrant and agree that, as a Host:

• You are responsible for complying with all laws, rules and regulations which apply to providing the services in Your Host Listings;
• You are responsible for ensuring Customers sign any recreational services waivers relating to the Host Services which would be desirable to limit Your Liability when providing Host Services;
• You are solely responsible for determining which Booking Requests to accept, the type, timing, manner and means, methods or processes of providing Your Host Services, the equipment You use and the price You charge for the services.
• You are not Our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of services You offer. We do not set Your fees, work hours, Your schedule or Your location. We do not provide You with training, equipment or tools or any materials to provide Your services. You are responsible for any taxes payable on any fee You receive for Your goods and/or services;
• You are not entitled to the benefit of any policies of insurance that We may hold and You agree to effect and maintain Your own insurance covering Your Host Services as would be customary for the same or similar services that You provide;
• You have appropriate and requisite qualifications, skills, knowledge, ability, experience and training to provide the Host Services, as may be reasonably expected of You;
• You will keep any Material and description of the Your Host Listings accurate, up-to-date and complete;
• You may be directed by Farmer Stays to modify Your Host Listing, and You must follow Farmer Stay’s reasonable directions;
• any Host Listing You publish does not breach any agreements You have entered into with third parties;
• any Host Listing You post informs and educates Travellers about the inherent risk of any Host Services, any requirements for participation such as an age limit, fitness level, dress code, licences or anything else a Traveller may need to know in order to safely participate in the Host Services; and
• You will abide to any policies, guidelines, standards or criteria published by Farmer Stays on the Platform from time to time which relates to Hosts.

18. EXCLUSIONS TO LIABILITY 

Nothing in these T&Cs excludes or limits Farmer Stays’ Liability for any Liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these T&Cs affects Your Statutory Rights, including rights relating to the consumer guarantees applicable to the provision of Our Platform under these T&Cs. Any additional Liability of Farmer Stays is excluded.

This clause will survive the termination or expiry of these T&Cs.

Express exclusion to Liability 

Despite anything to the contrary, to the maximum extent permitted by law, We will not be liable for, and You waive and release Us from and against, any Liability caused or contributed to by, arising from or connected with:

• Your or Your personnel’s acts or omissions;
• Your or Your personnel’s violation of these T&Cs;
• as a Host, Your performance of the Host Services;
• any aspect of Your interaction with the Platform;
• You or Your personnel’s breach of responsibilities, representations and/or warranties arising from these T&Cs;
• as a Host, any property loss or damage, or personal injury or loss, arising from or in connection with Your performance of the Host Services;
• as a Customer, any property loss or damage, or personal injury or loss, arising from or in connection with Your participation in the Host Services;
• any use or application of Our Services by a person or entity other than You, or other than as reasonably contemplated by these T&Cs;
•  any aspect of the Customer and Host interaction including the Host Services offered by the Host, the description of the Host Services requested or offered, any advice provided or the performance of Host Services;
• any works, services, goods, materials or items which do not form part of the Our Services (as expressed in these T&Cs), or which have not been provided by Us;
• any third parties or any goods and services provided by third parties, including customers, end users, Hosts, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
• any additional or associated costs that You may incur in connection with or as a result of Your use of, participation in, performance of or access to the Platform or any Material (including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that You may own, lease, license or otherwise use);
• any works, services, goods, materials or items which do not form part of the Our Services (as expressed in these T&Cs), or which have not been provided by Us;
• Our Services being unavailable, or any delay in Us providing Our Services to You, for whatever reason; and/or
• any event outside of Our reasonable control.

19. LIMITATIONS ON LIABILITY 

Despite anything to the contrary, to the maximum extent permitted by law:

Neither Farmer Stays (and its directors, officers, employees, consultants, agents and affiliates) nor any other party involved in creating, producing, or delivering Our Platform or any Material 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:

• these T&Cs;
• the use of or inability to use Our Platform or any Material;
• any communications, interactions or meetings You may have with someone You interact or meet with through, or as a result of, Your use of Our Platform; or
• publishing or booking of a Host Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Farmer Stays has been informed of the possibility of such damage, even if a limited remedy set out in these T&Cs is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Hosts under these T&Cs, in no event will Farmer Stays’ aggregate Liability for any Claim or dispute arising out of or in connection with these T&Cs, Your interaction with any Users, or Your use of or inability to use Our Platform, any Material, or any Host Service, exceed one Australian dollar (A$1.00).

These limitations of Liability and damages are fundamental elements of the agreement between You and Farmer Stays. If applicable law does not allow the limitations of Liability set out in these Terms, the above limitations may not apply to You.

20. DISCLAIMER OF WARRANTIES 

We provide Our Platform and all Material “as is” without warranty of any kind and We disclaim all warranties, whether express or implied.

For example:

• Farmer Stays does not endorse or warrant the existence, conduct, performance, safety, quality, legality, fitness, merchantability or suitability of any Traveller, Host, Host Service, Host Listing or third party;
• Farmer Stays does not warrant the performance or non-interruption of Our Platform;
• Farmer Stays does not warrant that verification, identity or background checks conducted on Host Listings or Users (if any) will identify past misconduct or prevent future misconduct; and
• Farmer Stays disclaims all warranties and conditions that Our Platform, its servers or any email sent from Us are free of viruses or other harmful components.

The disclaimers in these T&Cs apply to the maximum extent permitted by law.
Subject to Your Statutory Rights, We exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to You without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

If You have Statutory Rights We cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
This clause will survive the termination or expiry of these T&Cs.

21. INDEMNIFICATION 

To the maximum extent permitted by applicable law, You agree to release, defend (at Farmer Stays’ option), indemnify, and hold Farmer Stays (and its directors, officers, employees, consultants, agents and affiliates) harmless from and against any Claims, Liability, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Your use of the Platform and/or any Material;
• Your breach of these T&Cs (including policies, guidelines, standards or criteria published by Farmer Stays on the Platform from time to time);
• Your Account information and other personal details You provided Farmer Stays being misleading or incorrect;
• our improper use of Our Platform;
• Your interaction with any User, or stay, use or participation in any Host Service, 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, stay, use or participation;
• Your failure, or Our failure at Your direction, to accurately report, collect or remit any applicable taxes; or
• Your breach of any laws, regulations or third party rights such as Intellectual Property Rights.

22. TERMINATION 

You may terminate this agreement at any time by sending Us an email or by deleting Your Account.

Farmer Stays 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.

Farmer Stays may terminate Your Account or terminate this agreement immediately and without notice and stop providing access to Our Platform if:

• You (or any of Your personnel) breach any provision of these T&Cs;
• You (or any of Your personnel) any policies, guidelines, standards or criteria published by Farmer Stays on the Platform from time to time relating to Users;
• You violate applicable laws;
• there is any reason outside Our control which has the effect of compromising Our ability to provide Our Services;
• You are unable to pay Your debts as they fall due;
• Farmer Stays reasonably believes termination is necessary to protect Us, its Users, or third parties; or
• Your account has been inactive for more than two years.

Upon expiry or termination of these T&Cs:

• We will remove Your access to the Platform and terminate Your Account;
• We will immediately cease providing Our Services;
• any payments made by You to Farmer Stays is not refundable to You;
• You agree not disparage or otherwise make any unfavourable statements or comments regarding Farmer Stays, the Platform or another User, either directly or by implication, verbally or in writing;
• where You are a Traveller, We will cancel any existing Bookings and You will lose any Booking Fee and other amounts paid;
• where You are a Host, We will cancel any existing Bookings and refund the relevant Travellers their Booking Fee and charge You the cancellation fee, as set out on Our Platform; and
• where We terminate the T&Cs for any reason, You also agree to pay Us Our additional costs arising from, or in connection with, such termination.

Termination of these T&Cs will not affect any rights or liabilities that a party has accrued under it.

This clause will survive the termination or expiry of these T&Cs.

23. HOST INSURANCE 

As a Host, You agree that You and Your personnel are not entitled to the benefit of any policies of insurance that We may hold.

As a Host, Farmer Stays may request that You provide evidence of Your insurance. Where We do so, Farmer Stays does not confirm that the insurance You have is sufficient or suitable for your Host Services.

If Farmer Stays does not ask You to provide evidence of insurance this does not indicate that We believe You do not require insurance.

You acknowledge and agree it is Your responsibility to make Your own investigations and receive professional advice on the insurance You require.

24. GENERAL 

Assignment: You must not assign or deal with the whole or any part of Your rights or obligations under these T&Cs without Our prior written consent. We may transfer Our rights and obligations under these T&Cs to another organisation; this will not affect Your rights or our obligations under these T&Cs.

Email: You agree that We are able to send electronic mail to You and receive electronic mail from You. You release Us from any Liability You may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to Your system or any files by a transfer.

Entire agreement: These T&Cs and any document referred to in them (including the Privacy Policy, policies, guidelines, standards and/or criteria published by Farmer Stays on the Platform from time to time) and constitute the whole agreement between You and Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any contract.

Force Majeure: We will not be liable for any delay or failure to perform Our obligations under these T&Cs if such delay is due to any circumstance beyond Our reasonable control.

Governing law: These T&Cs governed by the laws of the State of Western Australia, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the State of Western Australia, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Headings: The headings in these T&Cs are included for convenience only and shall not affect their interpretation.

Notices: Any notice given under these T&Cs must be in writing addressed to Us at the address at the end of these T&Cs or to You at the address in Your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. This condition does not affect Your Statutory Rights.

Not a party: These T&Cs do not create or infer any rights that are enforceable by any person who is not a party to them.

Relationship of Parties: These T&Cs are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties. Inconsistency: Each transaction is subject to, and will be governed by these T&Cs and any other conditions agreed to by the Users in writing, including a Host Listing. To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms and conditions contained in these T&Cs and any transaction, these T&Cs will prevail.

Severance: If any part of these T&Cs is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these T&Cs at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Rights Reserved: Any rights not expressly granted herein are reserved.

Fictitious Names: Fictitious names of companies, products, people, characters, and/or data mentioned on Our Platform are not intended to represent any real individual, company, product, or event.

Waiver: Any failure or delay by You or Us in enforcing (in whole or in part) any provision of these T&Cs will not be interpreted as a waiver of Your or Our rights or remedies.

25. DEFINITIONS 

Claim or Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these T&Cs or otherwise.

Intellectual Property means any intellectual property and proprietary rights (whether registered or unregistered) – including business names, domain names, trade or service marks, any right to have information kept confidential, patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, software, circuit layouts, processes, source codes, data bases, know–how, logos, designs, design rights, copyright and similar industrial or intellectual property rights – including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by You (or any of Your personnel) of any of Our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Statutory Rights means those rights, warranties, guarantees and remedies relating to the provision of the Platform by Us to You which cannot be excluded, restricted or modified which are conferred to You by certain consumer protection laws and regulations.

For any questions or notices, please contact Us at: Farmer Stays Pty Ltd ABN 84 654 364 388

Email: contact@farmerstays.com

These T&Cs were last updated on 20 June 2022