Aussie Farm Stays Directory Listing Obligations (online)

• 1. How it works

1.1  In our directory your listing will include:

• • Your farm stay full name including website;
  • Farm stay phone number;
  • Farm stay email address for contact by the general public;
  • Farm stay location and postcode; and
  • Information about your accommodation and services, including prices where applicable.

1.2  Your information will be displayed, accessible and searchable by members of the public using the directory. These members of the public may or may not contact you.

1.3  By displaying your farm stay in our directory, you consent to members of the public accessing your contact information online and using this information to either contact you directly or passing the information onto third parties, outside of our control.

1.4  The prices for all our packages are listed at https://aussiefarmstays.com.au/pricing/ and we reserve the right to regularly update our prices, special discounts and package inclusions. We will notify you of any changes that may affect you and these changes will apply from the anniversary of your directory listing.

1.5  To make any changes, including cancelling your listing, or changing to another package, please contact us. We reserve the right to charge an administrative fee for these changes.

1.6  Your consent to participate in the directory may be withdrawn by contacting us in writing at hello@aussiefarmstays.com.au. We will endeavour to remove your details from our directory within five (5) business days however please be aware that users may have already stored your details on their own systems, and we are not responsible for their continued use of this information.

2.  How you can use the information in our Farm Stay Directory

2.1  You may use the information in our directory for your direct farm stay needs. For example, to contact another provider if you require the use of their services or to use their details to refer someone to them.

2.2  You must not use our directory:

  (a)  as a lead generation tool for your benefit or another person or business;

  (b)  to manufacture “lists” in order to help you or any other business; or

  (c)  other than your direct business needs as set out above, for any other scaled or marketing application that would benefit you, your business or any other business or person.

2.3  You must not use information in our directory for any purpose that is unlawful or prohibited by these terms and conditions.

2.4  You must not use our directory or our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services. You agree not to hack into areas of the directory or our online services that are not intentionally made available to you.

2.5 You expressly agree:

  (a)  not to engage in any internal or external spamming, or other similar actions;

  (b)  to be respectful and professional in your interaction with other providers and users;

  (c)  not to engage in any acts which we deem unlawful, immoral, defamatory, misleading or deceptive, damaging to the reputation of Aussie Farm Stays, or acts which are in violation of these terms;

  (d)  not to decompile, reverse engineer, or try to copy or imitate our online services or underlying content;

  (e)  not to make access to the information in the member directory available to third parties;

  (f)  not to impersonate or misrepresent your credentials or affiliations in your interactions with other providers or users;

  (g)  to cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;

  (h)  to immediately contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach.

3.  Copyright, Trademarks and other Intellectual Property

3.1  Images and item descriptions posted in our directory or our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content. This could include information posted by other providers or users in the directory. For example, the names of actual companies and services mentioned in our directory may be the trademarks of their respective owners.

3.2  You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements or other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content or any information contained in the directory in whole or in part except as expressly authorised by us.

3.3  You irrevocably grant to us a world-wide, non-exclusive, royalty-free and perpetual licence and right to use your information as detailed in these terms and allow us to display your business name and trademarks (if applicable) on our directory or online service.

4.  Security and access

4.1  Whilst we maintain the security of our online services and data protection, we do not guarantee the security of your information contained in the directory, our data storage or our website.

4.2  We will not be liable to you if your information is unlawfully accessed, outside of our control.

4.3  We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer or device.

4.4  Continuous accessibility to the website is dependent upon third party services. As a result, our online services may be inaccessible from time to time.

4.5 At all times, you agree to:

  (a)  comply with the requirements of the Australian Privacy Laws, as well as the respective privacy and data protection obligations, including privacy policies and procedures, and the relevant industry standards, and any additional obligations under this agreement;

  (b)  ensure all appropriate technical, security and organisational measures are in place to protect any personal information received and processed against misuse, interference, loss, unauthorised access, modification and disclosure;

  (c)  regularly apply commercially appropriate security measures and risk assessments and document any vulnerable areas identified from these regular checks; and

  (d)  keep all software protection and password security up-to-date at all times, including where relevant, implementing two-step authentication processes.

4.6  Please be aware that none of the farm stay providers or their staff will ask for your member password, either by email or phone. We do not handle credit card transactions and you must process this through a separate banking institution provider.

5  Disclaimer

5.1  We are not responsible for the actions of users of our directory, whether that use is authorised under these terms or not. We cannot be held responsible for monitoring access to or use of our directory as it is made available online to the general public.

5.2  All warranties, guarantees and claims are between you as the provider of the services and your client directly.

5.3  All responsibility for the client and the client relationship remains with you as the service provider.

5.4  We do not provide any guarantee regarding number of clients, traffic or visitors to your farm stay, business, or your website.

5.5  You must have and maintain your own farm stay or business intake practises, record-keeping, payment and insurances in place to receive any new clients generated through our website and directory.

5.6  Aussie Farm Stays remains an external third party regarding you and your client and will not be liable for any loss or damages whatsoever incurred or suffered by you as the provider or the client for any services, activities and agreements between you and the client.

6  Limitation of liability

6.1  Subject to the requirements of Australian Consumer Law, we will not be liable to you or any other person or entity for any damages whatsoever arising as a result of:

  (a)  your participation in the directory;

  (b)  your use of our online services;

  (c)  your or another person’s use of our directory or online services; or

  (d)  our enforcement or non-enforcement of this agreement against any person.

6.2  Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited to one hundred dollars ($100.00 AUD) only. This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our online services.

7  Indemnity

7.1  Unless the claim was caused by or substantially contributed to by us, or the cause of the claim was outside your control, you agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including court costs, collection costs, and reasonable legal fees to the maximum extent permitted by law) related to:

  (a)  your content in our directory;

  (b)  your unauthorised use of our online services or directory;

  (c)  your breach of these terms and conditions.

Effectively this means that if you cause a claim, you will be responsible for paying the costs we incur to have to defend that claim.

8  Applicable law

8.1  This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of our online services.

8.2  If any part of these terms and conditions is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

9  Relationship

9.1  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of our online services.

9.2  Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

End.