Terms and Conditions

Website Terms and Conditions

Welcome to the website of The Good Escape Company Pty Ltd (ACN 675 285 079) trading as Backya Australia (“us”, “we”, “our” or “Backya”). Backya is an online marketplace committed to helping you find the perfect short-term rental space for your next Event.

Our website located at https://backya.au showcases our offering, and includes all of the files located in that domain (the “Platform").

Acceptance of Terms and Conditions

1.1 By accessing this Platform and using the online services offered through the Platform, including but not limited to:

(a) accessing the Platform and/or creating an Account;

(b) using the Platform’s features and associated software, networks and processes to post Listings or to make a Booking for an Event Space (including the Services);

(collectively, the “Services”), you agree to be bound by these terms and conditions of use ("Terms and Conditions"). These Terms and Conditions constitute a binding agreement between you and Backya and govern your use of this Platform.

Use of Our Platform

1. Regardless of whether you are a registered Member, your use of this Platform is subject to these Terms and Conditions. The Terms and Conditions constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms and Conditions, our Privacy Policy and any other policy displayed on the Platform from time to time, all of which constitute a part of the Terms and Conditions. If you do not agree to the Terms and Conditions, you must not use the Platform.
2. Any time you visit the Platform or use any of the features on the Platform, you are taken to accept these Terms and Conditions.
3. We may amend or modify the Platform, the Services, the Terms and Conditions and/or the Privacy Policy, and any other policy displayed on the Platform from time to time, at our sole discretion and at any time. Any amendments are effective immediately after publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms and Conditions as modified.

Legal capacity to transact

1. By using the Platform you represent and warrant that you are over the age of 18 years old. If you are under 18 years of age, you cannot place Bookings through this Platform without the consent of a parent or guardian, who must read (and shall be bound by) these Terms and Conditions and Backya’s Privacy Policy. Should Backya suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such Losses from the minor’s parents or guardians. We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. If the conditions of this clause 1.5 are not satisfied, you must cease using the Platform immediately.

2. Definitions and Interpretation

Definitions

2.1 The following definitions apply in this Terms and Conditions unless the context requires otherwise:

Account means an account created by registered Members on the Platform, as required by Backya from time to time.

Attendee means anyone invited to an Event and granted access to an Event Space by the Guest, and “Attendees” shall have the same meaning.

Backya means The Good Escape Company Pty Ltd (ACN 675 285 079) trading as Backya Australia.

Backya Fee has the meaning prescribed in clause 10.15(b) herein.

Booking means a limited license granted by the Host to the Guest to enter and use the Event Space for the agreed term of the confirmed Booking, pursuant to the Listing, for the purpose of hosting an Event.

Booking Issues has the meaning prescribed in clause 11.1.

Booking Modifications means any changes made to a Booking by either the Host or Guest, or by Backya on behalf of a Guest, as agreed between the parties.

Business Day means any day other than a Saturday, Sunday or public holiday in Australia.

Buy Now, Pay Later means any online service (including those employed by Backya from time to time) to allow Users to pay for purchased Services in instalments.

Chat Section means the chat section that enables Members to communicate directly within the Platform.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Code has the meaning prescribed in clause 16.3 herein.

Contract Terms has the meaning prescribed in clause 5.6 herein.

Event means a gathering or social experience hosted by the Guest, designed to achieve a specific purpose, including (but not limited to) a birthday party, engagement party, pool party, garden party, picnic, wedding.

Event Space means a place that is listed by a Host as available for Booking via the Platform, including all areas and facilities that are accessible in that place, and “Event Space Listing” shall have the same meaning.

Guest means a Member who makes a Booking in respect of a Host’s Listing for the purpose of organising an Event.

Host means a Member who has made a Listing for an Event Space via the Platform.

Intellectual Property means any and all items in which Intellectual Property Rights subsist, existing now or in the future and whether or not registered or registrable in connection with the Backya Platform and/or Uploaded Content.

Intellectual Property Rights means the registered trade marks, logos, designs, patent and copyrights and any and all intellectual and industrial property rights throughout the world whether vested or contingent, including rights of any kind (whether registered or unregistered) in or relating to:

(a) inventions, technological innovations, discoveries and novel designs, protected formulae, formulations, trade secrets, ingredients, recipes, processes, know-how, operating systems, whether or not registered or registrable as patents, innovation patents (or any similar or analogous rights) or designs, including developments or improvements of equipment, technology, business methods or techniques, illustrations, photographs;

(b) literary works, artistic works, and any other works and subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the works and subject matter, subsist anywhere in the world;

(c) trade marks and service marks, including goodwill in the business concerned in the relevant goods and/or services; and

(d) trade, business, company names or internet domain names, irrespective of when or where such thing is created or developed.

Listing means a post by a Host on the Platform showcasing their Event Space available to be temporarily licenced by prospective Guests; and “Listings” shall have the same meaning.

Listing Fee means the fee payable for the limited license granted by the Host to the Guest to enter and use the Event Space to host an Event for the duration of the confirmed Booking, as agreed between the Host and Guest.

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

liabilities on account of Tax;
interest and other amounts payable to third parties;
legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

(d) all amounts paid in settlement of any Claim,

and “Losses” shall have the same meaning.

Member means any User that signs up to the Backya Platform as a Guest and/or Host.

Member Violation means any act or omission by a Member that constitutes a contravention of these Terms and Conditions, and may result in penalties as specified herein or as prescribed by applicable laws.

Notice has the meaning prescribed in clause 6.3 herein.

Payment Gateway means any online payment platform including Stripe, Apple Pay, Paypal, or any other gateway we may elect to use from time to time.

Paypal means PayPal Australia Pty Limited (ABN 93 111 195 389), being an online third-party Payment Gateway that facilitates online payments, including Buy Now, Pay Later services.

Platform means the whole or any part of the web pages located at [insert Backya domain] including the layout of this Platform, individual elements of the Platform design, underlying code elements of this Platform, or text, sounds, graphics, animated elements or any other content of this Platform.

Privacy Policy means our privacy policy available here.

Proprietary Content has the meaning prescribed in clause 14.1 herein.

Representative means a Backya director, officer, contractor, employee, consultant, partner, advisor or another affiliate.

Rules refer to the Backya Platform Rules as set out in Schedule 2 herein.

Service means any of the services facilitated by the Platform, including but not limited to the ability for Members to upload Listings and Hosts to place Bookings for Event Spaces, and “Services” shall have the same meaning.

Service Fee means the fifteen percent (15%) fee payable to Backya for its provision of the Platform and Services, and 24/7 customer support offered to all Hosts and Guests.

Stripe means Stripe, Inc., being an online third-party Payment Gateway used for Backya’s billing purposes.

Tax means any sales tax, GST, transient occupancy taxes, accommodation or lodging taxes, fees, that Hosts may be required by law to collect and remit to governmental agencies, and other similar municipal, state and/or federal indirect or other withholding and personal or corporate income taxes, and “Taxes” shall have the same meaning.

Total Price means the total of the Listing Fee, the Backya Fee, and the Service Fee payable for any Booking.

Uploaded Content means any and all content that is submitted, posted or otherwise uploaded to the Platform, including but not limited to any descriptions, reviews, feedback, comments, media and other information.

User means any person or entity that visits or accesses the Platform or Services whatsoever, whether registered or unregistered users, including any existing Members.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

We, us, or our means Backya and its related entities or body corporates.

"What Happens When You Can't Make It?" Policy means our policy that covers unexpected cancellations, available here.

You, you, or your means any person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's representatives, successors, permitted assigns, substitutes, executors and administrators who use or access the Platform, including any Host, Guest, and any other User.

3. Restrictions on use

Prohibited conduct

3.1 Your use of this Platform is subject to the rules set out in Schedules 1 and 2 below.

Violations of these Terms and Conditions

1. Without limiting any other provisions of this clause, if you submit any Uploaded Content that we believe constitutes Prohibited Conduct or breaches the rules as set out in these Terms and the Schedule hereto, then we may, in our sole discretion, take any legally available action that we deem appropriate. However, we are not obligated to take any action not required by law. We may, however, take any action we deem appropriate at our discretion to enforce these rules by limiting your access to the Platform or the Services until the Prohibited Conduct has been rectified or you have complied with the rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to these Terms and Conditions may result in any of your Uploaded Content being removed from the Platform.
2. Without limiting any other remedies available to Backya at law or in equity, Backya reserves the right to, without notice:
  1. temporarily or indefinitely suspend, or terminate, your access to this Platform or refuse to provide Services to you if:

you breach any provision of these Terms and Conditions;
Backya is unable to verify or authenticate any information that you provide to us; or
Backya believes that your actions may cause damage and/or legal liability to Backya, any Users of the Platform, or any other person; and

(b) remove or block access to any information and/or materials (in whole or in part) that Backya, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms and Conditions.

Indemnity

1. You indemnify and hold harmless Backya and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any Loss, liabilities, costs, expenses or damages (including actual, special, indirect and consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
  1. any material or information that you submit, post, transmit or otherwise make available through this Platform (including any Uploaded Content);
  2. your use of, or connection to, this Platform and the Services; or
  3. your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.
2. This indemnification obligation will survive termination of the Terms and Conditions and any misuse of the Platform.

4. Member registration and Account security

Requirement for registration

4.1 Backya reserves the right to make any part of this Platform accessible only to Members who have registered an Account. For the avoidance of doubt, without registering an Account with Backya, Users will be restricted from accessing certain features on the Platform including (but not limited to):

(a) Making a Booking for Services via the Platform;

(b) For Guests, discovering any Listings and contacting Hosts to inquire about an Event Space;

(d) Utilising the Chat Section; and

(e) Viewing analytics.

Username and password

4.2 Upon registration with this Platform, you are required to provide a username and password to access your Account. You are responsible for maintaining the security of your password for this Platform. Backya will not be liable for any Loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Backya will be entitled to assume that any person using this Platform with your username and password is you or your authorised representative.

4.3 You must notify Backya immediately of any known or suspected unauthorised use of your Account credentials or any other breach of security.

User information

1. In order to register an Account with this Platform, you must agree to these Terms and Conditions and where we require from time to time, you must provide Backya with:
  1. your name and/or business/company name (including ABN/ACN);
  2. a valid email address;
  3. accurate billing and contact information (including your delivery address or principal place of business, and the name and telephone number of your authorised billing contact and administrator); and
  4. any other information that may be required by Backya during the registration process.
2. You must promptly update the information as outlined in clause 4.4 above to maintain its accuracy at all times.
3. You represent and warrant to Backya that all information provided to us by you, including the information provided by you, as entered into your Account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
4. By accessing our Platform, you represent and warrant that your use of the Platform is not in breach of any applicable laws.
5. The Platform may contain links to external websites. By accessing these external websites, you warrant that you will abide by the terms and conditions and privacy policies of such websites, and further acknowledge that Backya is not responsible for the maintenance, content, or privacy practices associates with these external websites.
6. Members must take their own precautions to ensure that their process for accessing the Platform does not expose themselves to any viruses, malicious computer code or other forms of interference that may negatively impact your device. As a strict security measure, we advise that you logout of your Account after each use to avoid unauthorised use. Backya shall bear no responsibility for any such damage that may be incurred in connection with your use of this Platform.

Multiple Accounts and automated Account opening

4.10 One person or entity may not maintain more than one Account with this Platform. Accounts registered by "bots" or other automated methods are not permitted.

Member Obligations

1. By registering to be a Member (whether as a Host or Guest), you understand and agree that you are solely responsible and liable for any and all activities conducted through your Backya Account.
2. We may, to the extent permitted by applicable law:

(a) require you to provide identification documents or other information, and/or undertake checks to verify your identity;

(b) screen you against third-party databases or other sources and request reports from service providers, and

4.13 Backya reserves the right to accept or reject any application for registration of an Account with this Platform at its absolute discretion.

4.14 All Users (including Guests and Hosts) represent and warrant that they will, at all times, act in good faith when using the Platform, and shall not use the Platform for any purpose beyond what is stipulated in these Terms and Conditions.

1. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the risk arising out of your access to and use of the Backya Platform, or any other interaction you have with other Backya Members, whether in person or online. Accordingly, it is your responsibility to use your best endeavours to investigate the Event Space to determine whether it is suitable for you and your Attendees. For example, some Event Spaces may carry risk of illness, bodily injury, disability, or death, and by Booking and attending that Event Space, you freely and wilfully assume those risks.

5. Guest Terms

Finding an Event Space

5.1 You can search for Event Spaces on the Platform by specifying criteria such as the type of service (i.e. birthday party, engagement party, pool party, Christmas party, etc), event date, location, and number of Attendees permitted at the listed venue. You can also use filters to narrow down your results. Your search results consider various factors such as price, availability, and reviews of the Event Space and Host to help you find the most compatible venue for your Event. If you seek further information on search results, you may contact us via hello@backya.au.

Booking an Event Space

5.2 You may make a Booking for an Event Space Listing on Backya by following the instructions on the Platform.

5.3 By making a Booking through the Backya Platform, you make an irrevocable offer to us and the Host to purchase a selected Service as offered on the Platform from time to time.

5.4 The information contained on this Platform constitutes an invitation to treat only. No information in this Platform constitutes an offer by us to supply any Services to you.

5.5 By booking an Event Space, you assume liability for any and all charges pertaining to your Booking, including but not limited to the Listing Fee, and any other fee (i.e. Service Fees, Taxes, etc) as imposed by Backya from time to time and calculated at checkout (“Total Price”).

5.6 Upon receipt of a Booking confirmation (whether via email or text), a legally binding contract between the Guest and Host is formed, comprising of (without limitation) these Terms and Conditions (together with the Schedules contained herein), our Privacy Policy, and any other rules, standards, policies, or requirements identified in the selected Listing or during checkout that apply to the Booking (collectively, the “Contract Terms”).

5.7 You agree that it is your responsibility to read and understand the Contract Terms set out in clause 5.6 above prior to making a Booking for any Event Space.

5.8 Booking an Event Space affords the Guest a limited license to enter, occupy and use the Event Space for the purpose of hosting an Event for the duration of the Booking, or as otherwise agreed in writing between the Guest and the Host. This non-exclusive limited licence does not restrict the Host from re-entering the Event Space during your Booking period to the extent:

(a) it is reasonably necessary;

(b) permitted by the Contract Terms, as agreed between the Guest and Host;

5.9 Your Event shall not accommodate more than the maximum number of permitted Attendees, as prescribed in the Event Space Listing.

5.10 If you and/or your Attendees have not vacated the Event Space by such time that your Booking has ceased, the Host reserves the right to re-enter the Event Space and force you to leave in a manner permitted by applicable law. For the accordance of doubt, this may include charging a reasonable overstay penalty in addition to the agreed Total Price.

5.11 You are solely responsible for notifying the Host of any health conditions or other circumstances that may impact your ability (or the ability of any Attendees) to use the Event Space.

Acceptance of Bookings

5.12 Acceptance of each Booking will take place if or when Backya notifies you in writing that your Booking has been accepted, at the time at which such notification is sent by Backya via email.

1. Backya reserves the right to (at our discretion):

(a) at any time prior to your Booking being accepted in accordance with these Terms and Conditions, cancel your Booking; and

(b) at any time:

refuse to provide Services to you;

terminate your access to this Platform; and/or

remove or edit any content on this Platform (including Uploaded Content).

5.14 Backya‘s primary form of communication with Members is via e-mail. You acknowledge and agree that it is your sole responsibility to ensure that the correct contact details are entered when registering your Account and that the nominated e-mail address is regularly checked for correspondence.

5.15 Backya reserves the right to decline a Booking placed by you and may cancel your Account membership at any time. In the event that Backya or a Host cancels a Booking before the Booking date, any monies paid in relation to that Booking shall be refunded in full, less any Payment Gateway transaction fee or Service Fee that may be incurred. Any such refund or cancellation will be confirmed by Backya via e-mail.

5.16 Backya may require additional verifications or information before accepting any Booking and reserves the right to restrict a Member’s access to all or part of the Platform until such details are verified.

Booking Modifications

5.17 Guests and Hosts are responsible for ensuring that the parties abide by the terms of any Booking Modifications (which shall be agreed between the parties) and agree to pay any additional Fees or taxes associated with a Booking Modification. For the avoidance of doubt, Guests and Hosts will be notified of any applicable additional Fees or taxes before they proceed with a Booking Modification.

Reviews

5.18 After each Event, both Guests and Hosts will have the option to leave a review of the Services rendered. Guests and Hosts understand that reviews will be published on the Guest’s Account.

5.19 Guests and Hosts acknowledge and agree that any such review must be accurate and must not contain any false or misleading, discriminatory, offensive, defamatory or other language that violates these Terms and Conditions and/or applicable law.

5.20 Backya does not verify the reviews for accuracy, however, you may contact us at hello@backya.au if you believe that a review may be incorrect or contradictory to our community values.

6. Guest Responsibilities

Assumption of Risk

6.1 To the maximum extent permitted by law, Guests are responsible and liable for their own acts and omissions, as well as the acts and omissions of any other persons invited to your Event, including any third-party who is given access to your reserved Event Space during the period of your Booking.

6.2 As a Guest, you understand and agree that:

(a) you are responsible for leaving an Event Space (and related facilities and personal property) in the condition it was in when you arrived;

(b) you are responsible for paying all reasonable Loss incurred in connection with your Booking for an Event Space; and

(c) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking on behalf of an Event host who is a minor or if you bring a minor to the Event Space, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.

6.3 In the event of any Loss caused to the Host’s Event Space and/or other personal property, the Guest may receive a notice from the Host outlining the Loss and damage suffered (“Notice”). If the Guest fails to remedy such Loss within 28 days of receiving a Notice, the Host may, to the maximum extent permitted by law, take further action against the Guest to obtain a remedy for the Loss suffered pursuant to the Notice.

6.4 You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by law, you assume any and all risk arising out of your access to and use of the Backya Platform, or any other interaction you have with other Members, whether in-person or online. This means it is your responsibility to make further inquiries in order to determine whether your selected Event Space is suitable for your needs. Some Event Spaces may carry risk of illness, bodily injury, disability, or death, and by choosing to book the Event Space, you freely and wilfully assume those risks.

Responsible Provision of Alcohol

6.5 Backya is committed to promoting the responsible consumption of alcohol in accordance with applicable laws and regulations. Alcohol may only be consumed by Guests and Attendees who are of legal drinking age, being eighteen (18) years or older.

6.6 The Host reserves the right to restrict or prohibit the consumption of alcohol by any Guest and/or Attendee at its sole discretion, particularly if:

a) The Guest or Attendee is under the legal drinking age;

b) The Guest or Attendee appears intoxicated;

c) The Guest or Attendee's behaviour poses a risk to themselves, others, or the Event Space facilities;

d) The Guest or Attendee violates any other provision of these Terms and Conditions or the Host’s bespoke terms as specified in their Event Listing.

6.7 The possession, use, distribution, or sale of illicit drugs by any Guest or Attendee at or around the Event Space is strictly prohibited. Any Guest or Attendee found to be in violation of this prohibition will be subject to immediate removal from the Event space and may be reported to law enforcement authorities. The Host reserves the right to take any necessary action to ensure compliance with this prohibition.

Liability for Alcohol and Drug-Related Loss

6.8 By attending the Event, all Guests and Attendees agree to assume full responsibility for their own actions and any consequences arising from the consumption of alcohol or use of drugs. To the maximum extent permitted by law, neither Backya, nor the Host, shall be liable for any injuries, damage, or Losses incurred by Guests or Attendees as a result of the consumption of alcohol or use of drugs. By Booking an Event Space or attending an Event, Guests and Attendees waive any right to pursue an action for any Claim or Loss (including consequential Loss), whether direct or indirect, arising from the consumption of alcohol or use of drugs at the Event.

7. Host Terms

7.1 In using the Services offered on the Platform, Hosts represent and warrant that they will, at all times, act in good faith and shall not use the Platform for any purpose beyond what is stipulated in these Terms and Conditions.

Creating a Listing

7.2 Backya offers Hosts the ability to list an available Event Space online for hire by Guests. In doing so, Hosts are responsible for ensuring that their Listing includes a Listing Fee, Event Space availability, and any rules for Guests and their Attendees to abide by. Further, Hosts are advised to specify additional Listing requirements, including the minimum/maximum number of Attendees at an Event, minimum/maximum Event time, as well as rules regarding pets, alcohol consumption, use of amenities (including barbeques, pools, furniture, pizza ovens, and any other appliances) booking cut-off time, and any cancellation terms.

7.3 When making a Listing on the Platform, Hosts:

(a) agree that all information provided in respect of the Event Space is accurate and complete (including but not limited to the Listing Fee, location, description, images and calendar availability);

(b) agree to disclose any shortcomings of their Event Space, and shall specify any additional rules or requirements pertaining to their Listing;

(c) acknowledge and agree that they are required to set the Listing Fee for their Event Space, which (if applicable) shall include any additional charges (including any Taxes, cleaning fees, etc), and agree to provide a detailed breakdown of the total Listing Fee within the Listing description;

(d) warrant and represent that their Event Space is at all times safe from any hazards, and agree to assume any and all risk in this regard;

(e) consent to being bound by the terms specified in the Listing at the time a Booking for an Event Space is confirmed;

(f) warrant and represent that they have obtained appropriate insurance for their Event Space(s), and have reviewed the insurance policy terms and conditions (including coverage details and exclusions);

(g) must ensure that all information contained within their Listing (including calendar availability of the Event Space) is regularly updated and accurate at all times; and

(h) agree to promptly provide any other information as requested by Backya from time to time.

7.4 Hosts may maintain more than one Event Space Listing at any time (for example, front yard Listing and backyard Listing).

7.5 In the event of a conflict between these Terms and Conditions and any additional terms stipulated by Hosts for individual Listings, Backya's Terms and Conditions shall prevail.

7.6 By accepting a Booking request, or upon receipt of a Booking confirmation from Backya, you are deemed to have entered into a contract with the Guest and are bound by the terms outlined on the relevant Event Space Listing at the time the Booking was made.

8. Host Responsibilities

8.1 Hosts acknowledge and accept sole responsibility for ensuring compliance with our Privacy Policy, as well as all applicable laws, regulations, rules, and contractual agreements with third parties concerning their Event Space(s). You are encouraged to obtain your own independent professional legal advice prior to Listing your Event Space on the Platform to ensure compliance.

8.2 Any additional terms that you include in a Listing must:

(a) not conflict with these Terms and Conditions, Backya’s Privacy Policy, or any other policy implemented by Backya from time to time; and

(b) be prominently disclosed in your Event Space Listing description.

8.3 Hosts agree to pay applicable Fees, including the Service Fee (and applicable Taxes) in respect of each Booking. Unless otherwise agreed in writing, Hosts understand that Backya will directly deduct any amounts owed by you from the Total Price paid by Guests for any Booking.

8.4 Hosts are prohibited from collecting any further fees or charges from Guests externally to the Backya Platform, beyond the Fees stipulated throughout these Terms and Conditions. You must not prompt Guests to create third-party Accounts, submit false or misleading reviews, disclose their contact information, or engage in any other activities in relation to your Listing beyond the Backya Platform.

8.5 Your relationship with Backya is that of an independent person or entity, and not an employee, agent, joint venturer, partner or other Representative of Backya, except that the Backya platform facilitates the advertising of your Event Space Listing and acts as a payment collection agent (and/or any third party payment processor of Backya from time to time). Backya does not control your Event Space and you agree that you have complete discretion in regard to whether and when to list your Event Space, at what price and on what additional terms.

Your Assumption of Risk

8.6 As a Host, you acknowledge there are inherent risks associated with licensing your property to Guests, and to the maximum extent permitted by law, you assume all risk arising out of your access to and use of the Backya Platform, providing an Event Space, and/or any interaction you have with other Backya Members (whether in-person or online). Prior to listing your Event Space, you agree that you have had the opportunity to investigate the Backya Platform and any laws, rules, regulations, or obligations that may be applicable to your Event Space.

9. Pricing

Pricing

9.1 Only partial payment for any Event Space Booking (being 50% of the Total Price, or a higher amount as determined by the Host in its absolute discretion) is required at the time the Booking is placed. The remainder of the Total Price shall be paid by the Guest seven (7) days prior to the date and time of the Booking.

9.2 All prices listed on our Platform are in Australian Dollars (“AUD”), are inclusive of GST and are subject to a transaction fee as stipulated at checkout. Members will be charged in AUD regardless of the estimated price indicated on the Platform where you have chosen to display an alternate currency.

9.3 Hosts reserve the right to amend the prices of any Listing on the Platform from time to time at their discretion.

9.4 Once a Booking has been placed via our Platform, and such Booking has been accepted by the Host, the terms (including the price) of this purchase cannot be varied unless the Host and Guest come to an agreement in writing.

9.5 While Hosts are responsible for establishing the Total Price pertaining to each of their Listings, Backya may, acting reasonably, amend any Listing Fee as it deems appropriate. For the avoidance of doubt, such amendments may include (without limitation) increasing a Listing Fee, implementing additional Service Fees, or providing the Guest with discount codes to use at their discretion.

Late Payments

9.6 Any amounts owed to Backya under or in connection with these Terms and Conditions constitute debts due and payable by you to Backya until paid in full. You must pay all amounts due to Backya without set-off, deductions counter-claims or conditions, and in available cleared funds. If an amount payable under these Terms and Conditions is paid beyond the due date, Backya shall be entitled to interest on the overdue amount at a rate of ten percent (10%) per annum, calculated based on a 365-day year from the date of default until the date that the overdue amount (together with all accrued interest) is paid in full; and all costs and expenses incurred by Backya in collecting the overdue amount.

10. Payment Terms and Billing

Payment Methods

10.1 We accept the following methods of payment: Visa, MasterCard, American Express, Apple Pay, and Paypal. Please note that we may, in some cases, refuse to accept certain credit cards issued by banks outside of Australia.

Billing

10.2 Backya uses Stripe, being the third-party payment gateway provided by Stripe Australia Pty Limited (ABN 93 111 195 389), for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy, links to which are provided from the Stripe checkout pages. For more information about Stripe, see the Stripe website (http://www.stripe.com).

10.3 Unless you expressly consent otherwise, we do not see or have access to any Personal Information that you may provide to Stripe, other than information that is required to process your Booking and create your Account on the Platform (as specified in clause 4 above).

10.4 Notwithstanding clause 10.2 above, Backya may elect to use any other Payment Gateway from time to time in its absolute discretion. Backya may also, from time to time, offer Buy Now, Pay Later options through alternate Payment Gateways.

10.5 Payments made through any Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy, in addition to these Terms and Conditions.

10.6 Payments for Services through the Platform will be processed immediately upon confirmation of your online Booking.

10.7 By making an offer to place a Booking through the Platform, you expressly authorise Backya to perform credit checks. Further, you agree that we may use personal information provided by you in Booking to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

10.8 Backya does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit card details, you confirm that you are authorised to use that payment method, and you authorise Backya, through the Payment Gateway to charge your payment method for the total amount of your Booking.

10.9 Further to the terms and conditions of Backya’s nominated Payment Gateway, you represent and agree that the payment details entered at checkout are complete and accurate. Failure to comply with this clause 10.9 may constitute a Member Violation (as defined in clause 2 above), in which case Backya shall be entitled to take action as follows:

(a) Suspending or limiting your Account and/or access to the Backya Platform;

(b) Hiding or removing your Listings or reviews;

(d) If applicable, revoking special Account privileges.

Security

10.10 While our Payment Gateway and Platform hosting providers employ secure technology for transactions with our Members, we will not be responsible for any damages, including consequential Loss (whether direct or indirect), that may be suffered by a Member whose credit card, email address or bank account information is used in a fraudulent or unauthorised manner by any person or entity other than Backya.

10.11 Backya may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud.

10.12 Until your Booking has passed our internal fraud prevention checks, your Booking will remain on pending status. If further information is requested and you do not provide the requested information within such time as Backya considers appropriate at its discretion, your Booking will be cancelled and, if your payment has been received, it will be refunded back to you.

Backya’s Fees

10.13 Backya may, from time to time, charge Guests and Hosts a Fee for the right to use the Backya Platform.

10.14 Any applicable Fees are disclosed to Guests before booking the Event Space.

10.15 When transacting through the Platform:

(a) Guests will be subject to a fifteen percent (15%) Service Fee in addition to the Listing Fee stipulated at checkout (collectively, the “Total Price”); and

(b) Hosts will be subject to a four percent (4%) Fee payable to Backya on each Booking made for their Event Space (“Backya Fee”). For the avoidance of doubt, the Backya Fee is to be included in the Listing Fee as determined by each Host.

10.16 Except as otherwise provided on the Backya Platform and to the extent permitted by law, service fees are non-refundable.

10.17 Backya reserves the right to amend the Service Fees at any time, and will provide Members at least thirty (30) days’ notice of any Fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the Fee change. If you disagree with a Fee change, you may terminate this agreement at any time by deleting your Account via the Platform, or contacting us via email at hello@backya.au.

11. Cancellation and Termination

Booking Issues

11.1 Guests have forty-eight (48) hours to report any problems with their booking Event Space to Backya. For the avoidance of doubt, any such problems may include:

(a) You cannot access the Event Space you booked;

(b) The Event Space is dirty, unsafe, or has health hazards; or

(c) The Event Space is significantly different from the Listing description (e.g., inaccurate space type, missing or broken facilities).

(collectively, the “Booking Issues”).

11.2 Guests must use their best endeavours to first contact the Host directly to resolve any Booking Issues. Reporting a false or misleading issue constitutes a breach of these Terms and may result in your Account being suspended or terminated. In the event that such Booking Issues are not adequately resolved, Guests may contact Backya within seventy-two (72) hours of noticing the problem via email at hello@backya.au.

11.3 A Guest’s request for a refund or assistance must be supported by relevant evidence such as photographs, videos, or correspondence from the Host, which we will use to help determine whether a Booking Issue has occurred.

1. If Backya determines that your Event has been disrupted in accordance with clause 8.1, we will give you (the Guest) a full or partial refund, or we will help to find you a similar Event Space, depending on availability at comparable price. Re-booking assistance or the amount refunded depends on various factors, including the severity of the issue, the impact on the Guest, the viability of the evidence provided in respect of the issue, and other mitigating factors.

11.5 Hosts understand and agree that Backya may take action against them in the event it is deemed that a Booking Issue has occurred. Should Hosts wish to dispute any Booking Issue, you may do so by contacting us via email at hello@backya.au. Hosts and Guests should be aware that raising a dispute does not guarantee a favourable outcome or compensation.

Re-booking and Refunds

11.6 In the event that a Host cancels a Booking before the time of the Event, Hosts will be required to issue Guests a full refund of their Booking, less any Service Fees. If the Host cancels within thirty (30) days prior to the Event, Backya will also attempt to find you a suitable venue to relocate your Event to, subject to Listing availability at a comparable price.

11.7 If Backya is unable to find an alternative Event Space that:

(a) is located within a five kilometre (5km) radius of your initial Event Space; and

(b) costs no more or no less than ten percent (10%) of the Total Price of your initial Event Space,

Backya may in its absolute discretion offer you a credit of up to twenty-five percent (25%) off your next Booking.

11.8 This clause 11 applies to all Event Spaces and is applicable to the maximum extent permitted by law, which may imply guarantees that cannot be excluded. When this clause 11 applies, it controls and takes precedence over the Host’s cancellation policy as stipulated in the Event Space Listing.

11.19 Backya decisions under this clause 11 are binding, but do not affect other contractual or statutory rights which may be available. Any right that Members may have to initiate legal action remains unaffected. This clause 11 is not a substitute for insurance and no premium has been paid by any Member. All rights and obligations under this clause 11 and the Listing terms are personal to the Host and Guest who has made a Booking, and may not be transferred or assigned. Any changes to this this clause 11 will be made in accordance with our Terms and Conditions.

Guest Cancellation terms

11.10 In the event that unexpected circumstances hinder your ability to attend your Event Booking, please refer to our "What Happens When You Can't Make It?" Policy, available here. For the avoidance of doubt, if the "What Happens When You Can't Make It?" Policy applies to your situation, clauses 11.1-11.9 will not apply.

11.11 In all other circumstances, Guests should refer to the Host’s Cancellation policy as displayed on the Listing of the Event Space.

12. Backya’s Role

12.1 Backya provides a Platform for Hosts to list their Event Spaces for Guests to hire.

12.2 When a Booking is confirmed, a contract forms directly between the Host and Guest. For the avoidance of doubt, Backya is not a party to any such contract.

12.3 Backya enables payments between Members through the Backya Platform in accordance with the terms of service of our Payment Gateway provider.

12.4 The Services provided by Backya in connection with the Backya Platform are limited to facilitating the Booking of an Event Space, and the collection and remittance of Fees pursuant to these Terms.

12.5 While we strive to ensure our Members have planned great Events using Backya, we do not and cannot control the conduct or performance of Hosts and Guests, and do not guarantee:

the existence, quality, safety, suitability, or legality of any Event Space Listings, or
the truth or accuracy of any Event Space Listing descriptions, reviews, or other Uploaded Content provided by Members.

12.6 Backya has the right to (but is not obliged to) monitor activity and verify Member information. We may remove Uploaded Content that:

violates these Terms and Conditions;
breaks the law;
is harmful or offensive; or
does not meet our quality standards.

12.7 Backya will notify any Member before removing Uploaded Content (unless it involves fraud or other unlawful material). If Backya removes your Uploaded Content or takes action against your Account, you can appeal the decision by contacting us at hello@backya.au.

12.8 Backya may, from time to time, integrate third-party services for the convenience of Guests hosting an Event. These services may include, but are not limited to, catering, photography, music, décor, and floral arrangements. Guests have the option to add third-party services after checkout.

12.9 In the event that Guests elect to add any third-party services offered after checkout, Guests understand and agree that Backya is not a party to any contract between the Guest or Attendee and the third-party service providers. Further, Backya are not responsible for the quality of services provided by third-parties, their failure to provide the requested services, or any other aspect of the services provided by third-party service providers.

12.10 Guests and Attendees acknowledge that they are solely responsible for any engagement and dealings with third-party service providers. Any disputes or claims related to third-party services must be resolved directly between the Guest or Attendee and the third-party service provider.

13. GST and other Taxes

13.1 Unless otherwise expressly stated, all amounts payable through your use of this Platform are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Hosts are solely responsible for determining and fulfilling their obligations under applicable laws to report, collect, remit or include in your price GST and if applicable, other indirect, occupancy, sales, tourist or other Taxes.

14. Intellectual property

Copyright

1. In these Terms and Conditions, the term "Proprietary Content" means:
  1. this Platform;
  2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Platform or any Backya marketing material, and the selection and arrangement thereof); and
  3. all software, systems and other information owned or used by Backya in connection with the Services offered through this Platform (whether hosted on the same server as this Platform or otherwise).

14.2 All Proprietary Content is the property of Backya or its licensors (as applicable) and is protected by Australian and international copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms and Conditions or with the prior written consent of Backya or other copyright owner (as applicable).

14.3 You may download and print out content from this Platform only for your own personal and non-commercial use and provided that you do not remove, modify, reproduce, adapt, display or distribute any copyright, trade mark or other proprietary notices.

Trade marks

14.4 The look and feel of this Platform (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Backya. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the express prior written consent of Backya or third-party owner.

Uploaded Content

14.5 This Platform may from time to time contain some features that enable Members to post Uploaded Content (e.g. photos and/or videos of your Event Space when creating your Listing, etc.). Backya reserves the right to display, refuse to display, remove and/or amend all or any part of any Uploaded Content at its absolute discretion. In respect of any Uploaded Content that you may upload, you:

- 1. represent and warrant to Backya that your sharing of that Uploaded Content complies with our Privacy Policy and does not infringe any applicable data protection laws, copyright or other legal right of any other person or entity; and
  2. grant to Backya a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that Uploaded Content in any way at Backya’s absolute discretion.

14.6   Where the Platform allows you to upload any Uploaded Content, you:

represent and warrant to us that you have all right, title, interest and authority in the Uploaded Content;
represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms and Conditions;
represent and warrant to us that the use or exploitation of any Uploaded Content will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
agree and undertake to us to pay all amounts which become owing to any person or entity (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Platform.
It is your responsibility to back up any of Uploaded Content to your own systems.
We do not guarantee that the Platform will always be available at all times.
You agree that we can store Uploaded Content in our servers.
To the maximum extent permitted by law, you release us and indemnify us from any Claim or Loss in relation to Uploaded Content being stored in our servers.

Copyright claims

14.7 If you believe that our Platform contains any material that infringes upon any copyright that you hold or control, or that Users or Members are directed through a link on this Platform to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court Booking against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

15. Photography

15.1 You consent to allow Backya to include any photographs or video content taken by Backya, any third-party photographer or by you as posted on social media for use in our marketing material on the Platform and across any social media platforms of Backya, unless you provide us express written notice revoking such consent.

16. Promotions

16.1 For certain campaigns, promotions or contests conducted by Backya from time to time, additional terms and conditions may apply, which will be made available on the Platform. If you wish to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. For the avoidance of doubt, where there is any inconsistency between such terms and conditions and these Terms and Conditions, the terms and conditions for the relevant campaign, promotion or contest will prevail.

16.2 Where any loyalty programs, discounts and/or offers are made available by Backya from time to time, you shall be entitled to use such discounts/offers to purchase products and/or services in accordance with these Terms and Conditions or as otherwise directed on our Platform.

16.3 From time to time, you may receive online offers, promotions, and/or referrals which include a promotional or coupon code (“Code”) for use when shopping on the Platform. It is your sole responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing your Booking, as the Code cannot be applied retrospectively. Separate terms and conditions may apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers.

17. Social Media

17.1 You acknowledge and agree that the information contained on our Platform and other associated Backya social media channels, including but not limited to Instagram, Facebook, TikTok, X, LinkedIn, Pinterest, YouTube or Threads is for general information only. While we endeavour to keep the information up to date, Backya make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Platform and other related Backya social media channels.

17.2 You agree that Backya nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Platform and other related Backya social media channels.

17.3 For the avoidance of doubt, Backya makes no representations or Warranties about any third-party website or social media channel which you elect to access through this Platform. Third party websites and social media platforms are not under the control of Backya, and we are not responsible for the accuracy of any information on any platform other than the Backya Platform, nor do we monitor or review the content of any other website. You must take your own precautions to ensure that a third-party website and/or social media platform that you access by link from this Platform is free from viruses, worms, trojan horses and other material of a destructive nature.

18. Disclaimer of Warranties

18.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKYA AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS PLATFORM AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS PLATFORM, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

18.2 This Platform is provided strictly on an "as is" basis. To the maximum extent permitted by law, Backya and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Platform or any of its content, and in particular do not represent, warrant or guarantee that:

- 1. the use of this Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  2. this Platform will meet your requirements or expectations;
  3. anything on this Platform, or on any third-party website referred or linked to in this Platform, is reliable, accurate, complete or up-to-date;
  4. the quality of any Services, information or other material purchased or obtained through this Platform will meet any particular requirements or expectations;
  5. errors or defects will be corrected; or
  6. this Platform or the servers that make it available are free of viruses or other harmful components.

19. Limitation of liability

Exclusion of liability

19.1 To the maximum extent permitted by law, Backya and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person or entity for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Platform by you or any other person or entity.

19.2 You acknowledge that when you engage a Host for the provision of their Services, or otherwise when you use the Platform in any way, you do so entirely at your own risk and relying on your own enquiries and judgement. All risk of loss and title in the services provided by Hosts passes to the Guest immediately upon engagement with the Host.

19. 3 We exclude any liability arising in connection with you losing access to your Account or any unauthorised access to your Account. Members are solely responsible and liable for any activity on their registered Account, and for maintaining the security of their registered Account.

Remedies limited

19.4 To the maximum extent permitted by law, Backya and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Backya’s sole discretion):

- 1. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.

Release

19.5 You agree that your use of this Platform is at your own discretion and risk. You agree that you will be personally responsible for your use of this Platform and you agree to release Backya and its officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Terms and Conditions or the use of this Platform by you or any other person or entity. Backya may plead this release as a bar and complete defence to any Claims or proceedings.

Force majeure

19.6 To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, Backya excludes liability for any delay in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of Backya, and Backya shall be entitled to a reasonable extension of time for the performance of such obligations.

20. General

Interpretation

20.1 In these Terms and Conditions, the following rules of interpretation apply:

- 1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;
  2. these Terms and Conditions may not be construed adversely against Backya solely because Backya prepared them;
  3. the singular includes the plural and vice-versa;
  4. a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  5. the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

20.2 Backya may provide any notification for the purposes of these Terms and Conditions by email and/or by adding the notification into your user control panel.

Email

20.3 You agree that you are responsible for ensuring that content provided to you by Backya via email is not collected in your own junk or spam filters and Backya shall not be held liable or accountable for any loss of communication if this is the case.

20.4 You have the option to discontinue receiving communication and/or emails from Backya by unsubscribing from our email communications at any time.

Costs

20.5 Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting and other costs associated with these Terms and Conditions.

Assignment

20.6 You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without Backya’s prior written consent. Your registration with this Platform is personal to you or your business and may not be sold or otherwise transferred to any other person or entity.

20.7 Backya may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions or any other policy on our Platform at any time without notice to you.

No waiver

20.8 Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Backya to act with respect to a breach by you or others does not waive Backya’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

20.9 The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

20.10 Backya reserves the right to amend these Terms and Conditions and any other policy on this Platform at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Platform will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Platform or the Services offered through this Platform.

Dispute Resolution

20.11 The parties agree:

(a) to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms and Conditions;

(b) any agreement reached between the parties must be reduced to writing and will be binding on the parties;

- 1. where a dispute cannot be resolved informally as between the parties, and a period of ten (10) Business Days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
  2. such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.

20.12 The parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Platform or these Terms cannot be resolved.

Governing law and jurisdiction

20.13 These Terms and Conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Schedule 1 - Prohibited conduct

YOU MUST NOT:

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Platform;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Platform to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Platform to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Platform;
use this Platform by any automated means;
use this Platform to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Platform for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this Platform;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Platform;
reproduce, duplicate, copy or store any of the material appearing on this Platform other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this Platform;
do anything that leads, or may lead, to a decrease in the value of Backya‘s intellectual property rights in this Platform;
use or exploit any of the material appearing on this Platform for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Platform;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Backya without Backya’s prior written consent; or
use this Platform to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trade mark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring Backya or any of its staff into disrepute.

Schedule 2 - Backya Platform Rules

Backya Platform Rules

You must follow these rules and must not help or induce others to break or circumvent these rules:

1. Be Honest and Respectful:

Always be truthful and avoid misleading others online.
Don’t discriminate or harass anyone.
Treat everyone you interact with on the Backya Platform with courtesy and respect.
Use Backya as intended:
Don't try to trick the system by creating fake accounts or listings.
Don't use any methods to access Backya data or functionality in unauthorised ways (e.g., hacking, bots).
Avoid actions that could damage or disrupt the Backya platform, and/or Backya’s reputation.
Respect content and privacy:
Use Backya content only for your authorised activities as a Guest or Host.
Don't use content you don't have permission to use.
Respect everyone’s privacy and only use their information for booking purposes authorised by Backya.
Don't send unsolicited commercial messages through Backya.
Keep bookings within Backya:
Always make and accept bookings and payments through Backya to ensure all fees and taxes are handled correctly.
Don't ask Guests to interact with third-party websites or services unless Backya allows it.
Play Fair:
Don't try to manipulate Backya’s search results to your advantage.
Only book Event Space you genuinely intend to use.
Respect Intellectual Property:
Don't copy or misuse any part of the Backya Platform, its content, or branding elements.
Follow the Law:
Be aware of and comply with all relevant laws, including, but not limited to:
- privacy and data protection,
- health and safety requirements,
- liquor licenses,
- food premises registration,
- premises leases,
- planning and building regulations,
- animal regulations,
- taxation regulations and laws.
Only share other people's personal information if you have their permission and are legally authorised to do so.
Only provide Event Space renting services that comply with applicable laws and agreements.
Don't offer illegal services like prostitution or facilitate human trafficking.
Be a Responsible Guest:
Understand and adhere to Backya’s and Hosts’ guidelines for events in your booked Event Space.
Respect Brand Identity:
Don't use Backya’s trademarks, logos, or branding without their permission.
Reporting Violations:
If you believe that a Member, Listing or Uploaded Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Backya.
In addition, if you believe that a Member, Listing or Uploaded Content has violated our Standards, you should report your concerns to hello@backya.au.
We may request a copy of the report, if you reported an issue to local authorities. Except as required by law, we are not obligated to take action in response to any report.
Copyright Notifications:
If you believe that Uploaded Content on the Backya Platform infringes copyrights, please notify us.

Remember: By following these rules, you create a safe and trustworthy environment for everyone within the Backya Community.