Backya - PILOT Terms and Conditions

1. Eligibility

This Pilot is open to all new Hosts who complete the registration form on the promotional page located at https://backya.au before 31 July 2024. By participating in the Pilot you represent and warrant that you are over the age of 18 years old.

2. Commission-Free Offer

For a limited time, new Hosts who have signed up for the Pilot will enjoy 0% Service fee (commission fee) on bookings on their first AUD$2500.00 in processed transactions. This means you will keep the full booking amount minus any applicable taxes or third-party fees. Standard Service fee rates and Terms and Conditions will apply to subsequent bookings exceeding AUD$2500.00.

For example, if your processed transactions reach AUD$2400 and you receive a new booking for AUD$500.00, only the portion exceeding AUD$2500.00 will be subject to the standard Service fee.

3. Limitations

The Pilot has no limitations on the number of yards you can list. However, you are only eligible to participate once per account.

4. Savings

The commission-free benefit constitutes a saving and cannot be exchanged for cash or any other form of compensation.

5. No Booking Guarantees

Listing your backyard does not guarantee bookings. The Pilot’s success depends on Guests demand for your specific backyard.

6. Referrals

The Pilot includes a referral code that will track any signs up as a new Host on Backya. The new Hosts must complete two qualifying bookings on Backya. A qualifying booking is a booking that is confirmed paid for by the Guest and successfully completed. Once a qualifying booking is completed you will receive your referral reward (“reward”). The reward comprises of AUD$150. The reward is to be paid in two instalments of AUD$75 each after 5 days of a successfully completed booking.

• You are only eligible to receive a referral reward for new Hosts who sign up using your unique referral link.
• Self-referrals (using your own link) are not permitted.
• Backya reserves the right to modify, suspend or terminate the Referral Program at any time with or without notice.
• Backya reserves the right to disqualify any referrals or rewards that are believed to be fraudulent or abusive.
• This Referral Program is subject to Backya's Terms of Service which can be found at Terms and Conditions.

7. Required Information

To participate you must provide the following information:

• your name and/or business/company name (including ABN/ACN);
• a valid email address;
• 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
• any other information that may be required by Backya during the registration process.

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.

8. Standard Terms Apply

Our standard Terms and Conditions govern all matters and aspect not expressly addressed or specified herein. In the event of a conflict between these Pilot Terms and Conditions and our standard Terms and Conditions Backya's standard Terms and Conditions shall prevail.

9. Right to Terminate

We reserve the right to terminate your participation in this program or modify these terms at any time and from time to time at our sole discretion. Any amendments are effective immediately after publication. Your continued participation in the Program indicates your continued acceptance of the Pilot Terms and Conditions as modified.

We recommend you review our standard terms and conditions for a comprehensive understanding of your rights and obligations as a Host on our platform.

We understand that unforeseen circumstances may arise. To ensure flexibility, you have the ability to cancel bookings in accordance with the terms outlined on your listing. We value your participation and want to ensure a convenient experience for you.

10. Indemnity

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):

• any material or information that you submit, post, transmit, or otherwise make available through this Platform (including any Uploaded Content);
• your use of or connection to this Platform and the Services; or
• your negligence or misconduct, breach of these Terms and Conditions, or violation of any law or the rights of any person.

This indemnification obligation will survive termination of the Terms and Conditions and any misuse of the Platform.

11. Assumption of the Risk & Host Protection Program

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.

Hosts Protection

We understand that hosting can involve unforeseen circumstances. Backya is committed to providing you with the peace of mind you deserve while sharing your space. Our Host Protection Program offers a range of benefits to ensure you're supported throughout your hosting journey:

• Hands-On Customer Support: Our dedicated customer support team is available 24/7 to assist you with any questions or concerns you may have, big or small.
• Insurance Coverage:
  • Property Damage Protection: Up to $500,000 coverage for any one occurrence of physical or legal damage to your property that's under your physical or legal control caused by a Guest during their stay.
  • Public Liability Insurance: Backya provides up to $20 million in public liability coverage for bodily injury or property damage to third parties that may occur during a Guest's stay on your property.
• Additional Protections:
  • Clear Cancellation Policy: Create and customize a cancellation policy that suits your needs, allowing you to manage bookings effectively and post it on your Space Listing.
  • Your Space, Your Rules Policy: Set your price, availability, and rules for your Space Listing.
  • Guest Screening Tools: Access to guest reviews and verification processes can help you feel confident about who you're welcoming into your space.
  • Secure Payment Processing: Our secure platform ensures all transactions are processed safely and efficiently.

12. Disclaimer of Warranties

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.

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:

• 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;
• this Platform will meet your requirements or expectations;
• 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;
• the quality of any Services, information, or other material purchased or obtained through this Platform will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this Platform or the servers that make it available are free of viruses or other harmful components.

13. Limitation of Liability

Exclusion of Liability

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 and standard Terms and Conditions or the use of this Platform by you or any other person or entity.

Release

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.