Terms of Service
Shacky operates a platform and online marketplace that helps people form offline experiences and relationships directly with one another, where they can create, list, discover and book unique accommodation and experiences in rural & regional areas around Australia and worldwide. This online marketplace is available at www.shacky.com or as otherwise notified by us (Platform). These terms and conditions apply to users of the Platform, including hosts that provide accommodation services (Hosts), experience providers that offer experiences and activities (Experience Providers) and guests that purchase accommodation services and experiences (Guests). You agree to be bound by these terms and conditions, our privacy policy and any other policy we may
notify you from time to time (collectively the Terms).
1. The Agreement
1.1 Agreement
(a) These Terms are between you and Shacky Pty Ltd (ABN 82 612 068 587) (referred to in these Terms as “we”, “us”, “our” or “Shacky”).
(b) We may review and change these Terms at any time by posting these changes on our website or notifying you by email.
1.2 Acceptance
(a) You accept these Terms by either clicking the relevant ‘acceptance’ box on our website or the Platform, or by using the Platform.
(b) If you do not accept these Terms, or any third party terms and conditions relevant to the Platform, you must immediately cease using the Platform.
2. The Platform
2.1 Our role
(a) We provide the Platform to enable:
(i) Hosts to list and sell accommodation services;
(ii) Experience Providers to list and sell experiences and activities; and
(iii) Guests to view and purchase accommodation services and experiences.
(b) Our role is to facilitate these transactions by assisting you to enter contracts with other users in your capacity as either a Host, Experience Provider or Guest. We are an intermediary only and accordingly you acknowledge and agree:
(i) you are contracting directly with the relevant Host, Experience Provider or Guest each time you enter a transaction with the relevant party; and
(ii) we are not a party to any contract arising out of any such transaction.
(c) In addition to assisting users enter transactions, we also process payments, develop and maintain the Platform, and undertake related activities as set out on our website and these Terms (Shacky Services).
(d) You acknowledge and agree we use third party service providers, including PayPal and Stripe, to manage our secure payment process as notified to you from time to time
(Payment Processor) and accordingly you agree to the Payment Processor’s terms and conditions, to the extent such terms and conditions are not inconsistent with this Agreement.
2.2 Creating an Account
(a) All users must register an account to use the Platform (Account). We reserve the right to accept or reject any Account application or registration in our sole discretion. Unless otherwise agreed in writing, you may only register one Account.
(b) When you create your account, you may do so using an email address and password, or by connecting through a third party account (such as Facebook or Google).
(c) To create an Account, you must:
(i) be at least 18 years of age and have the capacity to enter into legally binding agreements;
(ii) complete our identity verification process carried out by any third-party identity verification provider we may use from time to time (Identity Verification Provider).
You acknowledge and agree to any relevant Identity Verification Provider terms and conditions, to the extent they are not inconsistent with the terms of this Agreement;
(iii) comply with any other reasonable requirements we may have from time to time.
(d) Your Account must not be shared with or transferred to any person – it is for your personal use only. You must keep your Account details secure and you are solely responsible for all activities carried out on or through your Account.
(e) You warrant that:
(i) all information and details provided by you to us (or any relevant third party) in connection with creating your Account are true, accurate and up to date in all
respects; and
(ii) if you are registering an Account on behalf of a company or other entity, you have the
authority to bind that company or entity to this Agreement.
(f) We may impose reasonable conditions on your use of and access to your Account and the Platform, including any content, communication or listing conditions. If you are a Host, we may set out these conditions and any other requirements we require you to comply with in our Host User Policy made available to you from time to time.
2.3 Our fees
(a) You agree to pay all fees and charges for using the Platform and in consideration for us providing the Shacky Services. These fees will be notified to you through the Platform or your user dashboard before you are prompted to make each relevant payment and may include service fees, booking fees and third party payment processing fees relevant to the Platform and the Shacky Services.
(b) We do not charge fees for you to register an Account or creating listings and content.
2.4 Availability and restrictions
(a) We will use all reasonable endeavours to ensure that the Platform is fully operational and functional. However, we do not guarantee that the Platform or any Shacky Services, will always be available or be uninterrupted.
(b) We may suspend, withdraw, discontinue or change all or any part of the Platform without notice if such urgent action is reasonably necessary. We will provide you reasonable notice where this is possible and reasonable in the circumstances. To the maximum extent permitted by law, we are not liable for any loss or damage you may suffer as a result of the Platform being unavailable from time to time.
(c) You are responsible for making all arrangements necessary for you to have access to the Platform (including internet and computer access requirements as may be necessary).
2.5 Acceptance
(a) You accept these Terms by either clicking the relevant ‘acceptance’ box on our website or the Platform, or by using the Platform.
(b) If you do not accept these Terms, or any third party terms and conditions relevant to the Platform, you must immediately cease using the Platform.
3. Guest Terms
3.1 Bookings
a) As a Guest, you may interact with accommodation and experience listings posted by Hosts and Experience Providers, including by:
(i) viewing listings on the Platform;
(ii) requesting to book accommodation and experiences you have selected;
(iii) being notified by a Host or Experience Provider whether your booking request or direct booking has been accepted or rejected.
(b) When a booking request or direct booking is accepted by a Host or Experience Provider, you agree:
(i) to pay all fees and charges applicable to your booking, including our fees notified toyou at the time of the booking and any applicable taxes;
(ii) to comply with all additional terms and conditions that may be notified to you by the Host or Experience Provider at the time of your request (to the extent such additional
terms and conditions do not conflict with these Terms);
(iii) to comply with all relevant policies and rules that relate to your booking, including any relevant cancellation and refund policy.
(c) If you need to modify your booking you must contact the relevant Host or Experience Provider directly and:
(i) any such modification must be agreed between both you and the Host or Experience Provider before being effective;
(ii) you agree to pay all additional fees, expenses and taxes incurred by you in connection with the booking modification through our website or relevant Payment Processor.
3.2 Accommodation
(a) Your accommodation booking gives you the right to enter and stay at the relevant Host property in accordance with the terms of your agreement with your Host. This right is a limited licence that is subject to the Host being entitled to enter the accommodation:
(i) where reasonably necessary (such as an emergency issue with the accommodation);
(ii) otherwise in accordance with law.
(b) You must only occupy the accommodation in accordance with the terms agreed with your Host, including:
(i) for the period permitted from check-in to check-out time (and agree that additional fees and charges may apply if you check-in or check-out on incorrect dates and/or
times);
(ii) in accordance with any other conditions (such as any requirements not to enter parts of the Host’s property, and any noise, guest or activity limitations).
(c) If you have any issues or concerns about the accommodation, you must contact the Host directly to attempt to resolve the issue in good faith. This contact must include an email or communication through the Platform and followed up with a telephone call if required.
(d) If the issue cannot be resolved, the parties agree to resolve the dispute using any other means agreed between them. We are not responsible for assisting with the resolution of any disputes except to the extent:
(i) we agree to facilitate any refunds or fee adjustments in accordance with these Terms following the resolution of any dispute between users;
(ii) we determine that the nature of the dispute requires our involvement, considering the issues in dispute.
3.3 Experiences
(a) When you book an experience with an Experience Provider, you agree to participate in the relevant experience subject to any minimum requirements, restrictions or conditions applicable to that experience.
(b) Any minimum requirements, restrictions or conditions will be notified to you at the time of your booking through the Platform, and may include:
(i) minimum age restrictions, including any imposed by law;
(ii) fitness or experience requirements, such as for physical activities or adventure experiences;
(iii) any other requirements or conditions, such as equipment and clothing requirements.
(c) You are responsible for notifying the Experience Provider of any health or medical conditions that may affect your ability to participate in the relevant experience and warrant that all information you provide each Experience Provider is true and correct, and not misleading.
3.4 Key obligations
You acknowledge and agree that:
(a) you are responsible for your acts and omissions when accessing any accommodation or participating in any experience, including in respect of any invited guest;
(b) you will comply with all applicable laws when accessing the accommodation or participating in the relevant experience;
(c) you will be respectful to each Host and Experience Provider and to their property, including not intentionally damaging their property;
(d) the use of accommodation and participation in experiences may involve risk, and that to the maximum extent permitted by law, you are responsible for and assume all risk associated with these services and experiences.
4. Host and Experience Provider Terms
4.1 Listings
(a) As a Host or Experience Provider, you may create and upload listings on the Platform for viewing by other users, including Guests.
(b) Each listing you upload must contain accurate information that is not misleading in any way, including that:
(i) all accommodation and experience descriptions must be clear, informative and correct;
(ii) all fees must be fully disclosed and displayed on the listing, including accommodation fees, cleaning fees, security deposits;
(iii) the relevant cancellation and refund policy is clearly displayed in the listing;
(iv) all other rules, requirements or conditions be clearly set out and displayed in the listing, including check-in and check-out times, minimum and maximum guest
numbers, and any pet restrictions.
(c) All listings must have photographs of the relevant property (for accommodation services) and experience activity (for experiences) and up to date availability information for booking purposes.
(d) You must only create one listing of your property or experience on the Platform, unless:
(i) for accommodation, you have multiple accommodation rooms available for that property;
(ii) for experiences, you have multiple experiences available through you as the Experience Provider.
(e) We will review each listing for approval prior to it being published on the Platform. We may require you to amend your listing if it does not comply with these Terms, in our discretion. We may reject any listing in our discretion.
(a) Guests may initiate a request through the Platform to book your accommodation services or experiences following their review of your listing.
(b) If you accept a booking request or direct booking from a Guest, you are entering into a contract with that person on the terms of the booking. You will receive a booking
confirmation from us via email. We are not a party to that contract and our relationship with you is independent except to the extent described in these Terms.
(c) You agree:
(i) to perform your obligations under that contract, including providing the accommodation or experience to the standard and at the times and for the fees agreed with the Guest; and
(ii) pay all applicable fees for the booking, including our service fee and relevant taxes for each booking in connection with the Shacky Services.
(d) We may deduct our fees and charges for any booking from any payments received from the Guest through the Platform, or through any other method agreed between us in writing. You agree we may act as your payment collection agent for fees in connection with any booking.
(e) You agree that any additional terms and conditions you may enter with the Guest must not conflict with these Terms. To the extent of any inconsistency, these Terms will prevail.
4.2 Hosting Services and Agents
You may choose to provide accommodation or experiences through an agency or group. If you do so, these Terms bind each individual in the relevant agency or group, and you warrant that you are authorised by those persons:
(a) to enter these Terms and each contract with any Guest on their behalf; and
(b) to give us any directions or requests, including payment directions to third parties, that we may accept in our sole discretion.
4.3 Key obligations
You acknowledge and agree that:
(a) you are responsible for:
(i) your acts and omissions when providing any accommodation or experience to a Guest;
(ii) setting the price for your accommodation or experiences offered to Guests;
(b) you will obtain all relevant local government and council permits required to provide the accommodation services and experiences, at your cost, including any planning permits or other consents and authorisations that may be required to establish your accommodation and experiences and enable them to be provided to Guests;
(c) you will comply with all applicable laws when providing the accommodation or relevant experience;
(d) if you are unsure of your legal obligations as a Host or Experience Provider, you will obtain independent legal advice before entering any contract with a Guest;
(e) providing accommodation services and experiences may involve risk, and that to the maximum extent permitted by law, you are responsible for and assume all risk associated with providing these services and experiences.
4.4 Cancellations
(a) If a Guest cancels their booking with you, the terms of the relevant cancellation policy that is chosen by you and displayed on your listing will apply.
(b) The amount or manner of calculating any refund paid to the Guest, fees paid to you, and fees retained by us on a cancellation occurring will be set out in the cancellation policy.
(c) You must not cancel a Guest booking unless:
(i) permitted under the relevant cancellation policy; or
(ii) an issue has arisen that is unforeseen and not within your reasonable control, as generally described in the relevant cancellation policy.
(d) Any amounts paid to you following a Guest cancellation will be reduced by amounts we may retain to cover our reasonable costs and amounts payable to the relevant Guest in accordance with the applicable cancellation policy.
(e) You agree we may:
(i) offset amounts owing to you against amounts you owe us in the event of a cancellation; and
(ii) withhold amounts owing to you from Guest bookings where we reasonably believe the relevant Guest will cancel their booking.
4.5 Booking Modifications
All booking modifications:
(a) must be made between you and the Guest directly; and
(b) to the extent applicable, each party agrees to pay all additional fees, expenses and taxes incurred in connection with the booking modification.
4.6 Insurance
We recommend you obtain appropriate insurance to cover your arrangements and activities as a
Host or Experience Provider.
5. Communication
(a) You agree to only communicate with other users through the Platform. You may communicate with users outside of the Platform once the relevant booking has been
completed.
(b) You must not bypass or attempt to bypass the Platform when communicating with users to make a booking.
(c) We may communicate with you through the Platform, email and phone, or any other means agreed between us.
6. Reviews
(a) You may review other users of the Platform that you have provided or received accommodation services and experiences. Each review must:
(i) be truthful, accurate and fair;
(ii) only relate to an ‘arm’s length’ experience you have had with that user, and must not relate to any business you own or have a commercial or family interest in;
(iii) only reflect your personal experience, not the experience of any third party.
(b) We may delete any review we consider unfair, inaccurate, offensive or inappropriate and ban the user who posted that review in our discretion. We are not responsible for review content.
7. Content
(a) You acknowledge and agree that pictures, words, images, videos, audio and other documents or information (Content) you submit for inclusion on the Platform will be
accessible by other persons and, to the maximum extent permitted by law, you hereby waive any rights you may have to confidentiality or privacy for any Content which you make available on the Platform.
(b) You acknowledge and agree:
(i) that any Content that you upload onto the Platform is wholly your responsibility and you warrant that you have all necessary rights for all uploaded Content and that such
Content will not infringe upon the rights of any third parties (including intellectual property rights);
(ii) to indemnify us for any loss or damage we may suffer as a direct result of you breaching your obligations under this clause.
(c) All Content must be accurate, true and non-misleading. We reserve the right to remove any images or Content we consider of lower than acceptable quality or unfit for the purpose of the listing or Platform or otherwise do not comply with these Terms.
(d) You retain all intellectual property rights in and to your own Content, however, by uploading your Content on to the Platform you hereby grant us a non-exclusive, royalty-free, irrevocable, sublicensable, transferable, perpetual license to use such Content for the purposes contemplated under these Terms (including the right to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Content as reasonably necessary to operate and promote the Platform).
8. Warranties
8.1 General user warranties
As a user of the Platform, you represent and warrant that:
(a) you will not use our Platform in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) you have not relied on any representations or warranties made by us in relation to the Platform unless expressly stipulated in these Terms.
8.2 Host and Experience Provider warranties
As a Host or Experience Provider, you represent and warrant that, respectively:
(a) you are responsible for complying with all laws, rules and regulations which apply to providing the services in your listings;
(b) you are appropriately qualified, and have the required skills, knowledge or training, to provide the accommodation services or experiences;
(c) you have all relevant insurances, permits, consents and authorisations required for the accommodation services or experiences.
9. Liability
(a) If the Australian Consumer Law (ACL) applies to you as a consumer, nothing in these Terms excludes these statutory rights as a consumer under the ACL. You agree that our liability for the Platform provided to you as a consumer under the ACL (to the extent applicable) is governed solely by the ACL and these Terms.
(b) Subject to these statutory rights, we exclude all express and implied warranties, and all material and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute or at law.
(c) Subject to the ACL and to the maximum extent permitted by law, we are not liable for and you release us from any loss, liability or claim arising from:
(i) your acts or omissions, including as a Host or Experience Provider;
(ii) any property loss or damage, or personal injury or loss, arising from or in connection with your performance of any contract with any Guest;
(iii) all aspects of your interactions with a Host, Experience Provider or Guest (as the case may be), including any contractual arrangements between you and these parties;
(d) To the maximum extent permitted by law:
(i) we will not be liable for any indirect or consequential loss (including loss of profits or opportunity);
(ii) our liability under these Terms is reduced proportionately to the extent you caused or contributed to such loss or liability;
(iii) our total liability for any liability from or in connection with these Terms will be limited to us resupplying any services we provided you or, in our sole discretion, to us repaying you the amount for the relevant service fees paid by you to us in respect of the supply our services.
10. Termination
1.1 Agreement
(a) These Terms are between you and Shacky Pty Ltd (ABN 82 612 068 587) (referred to in these Terms as “we”, “us”, “our” or “Shacky”).
(b) We may review and change these Terms at any time by posting these changes on our website or notifying you by email.
1.2 Acceptance
(a) You accept these Terms by either clicking the relevant ‘acceptance’ box on our website or the Platform, or by using the Platform.
(b) If you do not accept these Terms, or any third party terms and conditions relevant to the Platform, you must immediately cease using the Platform.
11. General
11.1 Assignment
You must not assign or otherwise transfer any of its rights under these Terms without the prior written consent of us.
11.2 Waivers
The non-exercise of, or delay in exercising, any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
11.3 Severance
(a) If anything in these Terms is unenforceable, illegal or void then it is severed and the rest of these Terms remains in force, unless the severance would change the underlying principal commercial purpose or effect of these Terms.
(b) If two or more provisions of these Terms are inconsistent or contradictory the numerical position of those provisions must not be a determinative factor in any decision, order or ruling that results in the severance of any conflicting provision.
11.4 Exclusion of relationships
The parties acknowledge and agree that these Terms and the performance of these Terms does not represent or imply a partnership, agency, fiduciary relationship, joint venture, distribution or any other category of commercial or personal relationship between the parties recognised at law or in equity as giving rise to forms of specific rights and obligations.
11.5 Notices
Any notice given under these Terms must be in writing addressed to us at the address displayed on our website. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 72 hours in the case of post, or at the time of transmission in the case of transmission by email.
11.6 Entire agreement
These Terms constitutes the entire agreement between the parties in relation to its subject matter and supersedes all previous agreements, negotiations and understandings between the parties in relation to its subject matter.
11.7 Disputes
(a) Any dispute or controversy arising from these Terms that cannot first be settled by mutual negotiation between the parties must, prior to the issue of any formal legal proceedings in a court, be mediated between the parties by an accredited mediator appointed by the parties. If no mediator can be agreed between the parties, either party can request the Chair of the Resolution Institute to appoint a mediator. The parties must share the costs of appointing and engaging the mediator equally (but are responsible for their own costs in relation to the mediation).
(b) If the parties cannot settle the dispute within 21 days of the appointment of the mediator, either party may commence proceedings in a court of competent jurisdiction.
11.8 Force majeure
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
11.9 Survival
Clauses 7, 8, and 9 survive the termination or expiry of the agreement.
11.10 Governing law
The laws of Victoria govern this document. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
