Terms and Conditions

These Terms are between you or the company or person that you represent (the Principal) and Awayco Pty Ltd ACN 617 972 139 (Awayco, we, us or our). If you are entering into these Terms on behalf of a Principal, you warrant that you have the requisite authority to do so. These Terms apply unless you have another agreement with us in respect to access to the Platform.


Your Acceptance

These Terms provide the terms on which Awayco permits Users to:

  1. access and use the Awayco Platform (Platform) including using our website at www.awayco.com, services and functionality made available through the Platform;
  2. view and interact with any content, information, communications, advice, text or other material provided by Awayco on the Platform (Platform Content);
  3. upload content, including pictures, photographs, graphics, information, comment, content, communications, text or other material, including in relation to Products and Rental Services (User Content) to the Platform; and
  4. communicate and transact directly with other Users.

You or the Principal may be an Owner, a Renter, an employee, agent, consultant, service provider, subcontractor (including a third party supplier) or a third party nominated by an Owner or a Renter from time to time (collectively, you or your).  You agree to be bound by these Terms when you use, browse or access any part of the Platform.

Awayco may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Platform will be governed by the most recent Terms posted on the Platform. By continuing to use the Platform, you agree to be bound by the most recent Terms. It is your responsibility to check the Platform regularly for updated versions of the Terms.

If Awayco updates the Terms and you believe that this change will have a detrimental impact on you or on your use of the Platform, you are entitled to terminate these Terms by giving Awayco notice of your decision no later than 30 days after the effective date of the change by contacting Awayco at support@awayco.com with the subject line "Termination for Change", with a description of your request to terminate and your contact details.  It is your obligation to take a copy of your User Content before providing this notice to Awayco as later access may not be granted. Any account you have may also be cancelled and you must no longer access or use the Platform under the suspended account.

You accept that Awayco provides a Platform only and does not provide or rent any Products to Renters. The Rental Agreement for use of a Product is between an Owner and a Renter and not with Awayco.

Agreed Terms

  1. Definitions and Interpretation
    1. Definitions
    2. Account has the meaning set out in clause 2.1;

      ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth);

      Affiliate of a Party means any entity, whether incorporated or not, that Controls, is Controlled by, or is under common Control with such Party;

      Booking means a booking for the Rental Services made on the Platform by a Renter;

      Business Day means a day which is not a Saturday, Sunday, public holiday or bank holiday in the place where a thing needs to be done;

      Confidential Information means:

      1. these Terms, including Information submitted or disclosed by either Party during negotiations, discussions and meetings relating to these Terms;
      2. Information that at the time of disclosure by a Disclosing Party is identified to the Receiving Party as being confidential; and
      3. all other Information belonging or relating to a Disclosing Party, or any Affiliate of that Disclosing Party, that is not generally available to the public at the time of disclosure other than by reason of a breach of these Terms or which the Receiving Party knows, or ought reasonably to be expected to know, is confidential to that Disclosing Party or any Affiliate of that Disclosing Party;

      Control, Controls or Controlled means the ability, whether directly or indirectly, to direct the affairs of another by means of ownership, contract or otherwise;

      Disclosing Party means the Party to whom Information belongs or relates;

      Fees means the amounts payable to the Owner from the Renter for the provision of Rental Services, including any amounts paid on account of VAT (GST);

      Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute;

      Information means any information, whether oral, graphic, electronic, written or in any other form, including:

      1. forms, memoranda, letters, specifications, processes, procedures, statements, formulae, technology, inventions, trade secrets, research and development information, know-how, designs, plans, photographs, microfiche, business records, notes, accounting procedures or financial information, sales and marketing information, names and details of customers, suppliers and agents, employee details, reports, drawings and data;
      2. copies and extracts made of or from that information and data, whether translated from the original form, recompiled, partially copied, modified, updated or otherwise altered; and
      3. samples or specimens disclosed by either Party;

      Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:

      1. patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, database rights, rights in circuit layouts, plant breeder's rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
      2. any application or right to apply for registration of any of these rights;
      3. any registration of any of those rights or any registration of any application referred to in paragraph (b); and
      4. all renewals, divisions and extensions of these rights;

      Law means in any jurisdiction that is applicable to this Agreement:

      1. any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time to which a Party is subject;
      2. the common law and the law of equity as applicable to the Parties from time to time;
      3. any binding court order, judgement or decree;
      4. any applicable regulation, industry code, policy or standard enforceable by law; or
      5. any applicable direction, policy, rule or order that is binding on a Party and that is made or given by any Government Agency having jurisdiction over a Party or any of that Party's assets, resources or business;

      Loss means any loss, damage, cost or expense;

      Owner means a provider of Products who is registered on the Platform to advertise, connect, communicate with and/or offer its Rental Services to Renters;

      Party means you or Awayco;

      Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes without limitation anything that is defined as personal information or as sensitive information or as personal data in the relevant Privacy Laws;

      Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy and the protection of Personal Information;

      Product means a product made available for Rental Services, as advertised by an Owner on the Platform;

      Receiving Party means the Party to whom Information is disclosed or who possesses or otherwise acquires Information belonging or relating to a Disclosing Party;

      Rental Agreement means the rental agreement for the Products between an Owner and a Renter in accordance with clause 3.5;

      Rental Services means the services provided by the Owner to the Renter and include, but are not limited to, the provision of access to and use of the Owner's Products and any other services advertised by the Owner on the Platform;

      Renter means a user who is registered on the Platform to browse, connect, communicate with and/or purchase Rental Services from Owners;

      Services means the services provided by Awayco to Users set out in clause 3;

      Service Charges means the fees payable by the Owner to Awayco for the provision of the Services as set out in clause 7.3(b);

      Terms means these agreed terms;

      User has the meaning set out in clause 2.1; and

      VAT (GST) has the meaning set out in clause 15.

    3. Interpretation
    4. In these Terms, unless the context requires otherwise:

      1. the singular includes the plural and vice versa;
      2. a gender includes the other genders;
      3. the headings are used for convenience only and do not affect the interpretation of these Terms;
      4. other grammatical forms of defined words or expressions have corresponding meanings;
      5. a reference to a document includes the document as modified from time to time and any document replacing it;
      6. a reference to a Party is to a party to these Terms and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
      7. if something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day;
      8. the word "person" includes a natural person, partnership, body corporate, association, governmental or local authority, agency and any other body or entity whether incorporated or not;
      9. the word "month" means calendar month and the word "year" means 12 months;
      10. the words "in writing" include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient;
      11. a reference to a thing includes a part of that thing;
      12. a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-enacted or replaced from time to time;
      13. wherever "include", "for example" or any form of those words or similar expressions is used, it must be construed as if it were followed by "(without being limited to)";
      14. money amounts are stated in Australian currency unless otherwise specified;
      15. a reference to time is to Sydney, New South Wales, Australia time;
      16. a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body;
      17. any agreement, representation, warranty or indemnity in favour of two or more parties (whether those parties are included in the same defined term or not) is for the benefit of them jointly and severally; and
      18. any agreement, representation, warranty or indemnity by two or more parties (whether those parties are included in the same defined term or not) binds them jointly and severally.
  1. Registration of Accounts
    1. In order to access certain features and functionality of the Platform (such as uploading User Content and accessing Platform Content) you will have to register as a user of the Platform (User) and obtain either an Owner or Renter account (Account) by providing all of the information required at registration.
    2. When creating your Account, you become a User and warrant that you are of legal age to form a binding contract with Awayco and have the necessary capacity to enter into a binding legal contract in the place where you are accessing the Platform, and that all information you have provided is true, accurate and complete. You must provide an email address that you own or control.
    3. You will be fully responsible for all acts and omissions of any person using your password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your Account or do anything that would risk the security of your Account. Awayco will not in any event be liable for any Loss arising out of the use or misuse of your password and Account, and you will indemnify Awayco against all Loss in this regard.
    4. You must notify us immediately if you become aware of any unauthorised access or use of your Account.
    5. You agree that you will not create more than one personal Account and if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.
    6. We reserve the right to refuse registration of any Account, at our sole discretion. 
    7. Your registration as a User (and your Account) may be refused if your User Content uploaded via your Account involves:
      1. any of the prohibited uses as set out in clause 9; or
      2. is otherwise deemed inappropriate in our absolute discretion.
  2. Products
    1. Awayco provides an online platform that enables Owners and Renters to communicate and transact directly.
    2. The Platform displays links to Products that the Owner advertises or otherwise makes available from time to time.
    3. Awayco is not an owner, operator, provider or otherwise in control of any Product or Rental Services. The responsibility of Awayco is solely limited to the operation of the Platform.
    4. In providing the Platform, Awayco merely facilitates transactions directly between Owners and Renters. When an Owner advertises or otherwise makes available Rental Services which are booked by Renters, this forms a contract on the terms of the Rental Agreement between the Owner and the respective Renter. Awayco is not a party to any agreements formed between an Owner and a Renter, nor is it acting as a rental agency, broker, insurer or other equivalent local service providers in your location.
    5. The Rental Agreement applying between the Owner and the Renter will be as set out at [link] unless the Owner and the Renter agree in writing to an alternate form of Rental Agreement. This Rental Agreement is provided as an example only and it is the Owner's obligation to ensure that it complies with all applicable Laws. Awayco makes no warranty or representation that the Rental Agreement is suitable for the Products.
    6. By advertising, or otherwise making available Products on the Platform, the Owner is making a commitment to provide the Products and the Rental Services in accordance with these Terms.
  3. Modifications and Cancellations
    1. Awayco will adjudicate any disagreements relating to refunds between Renters and Owners, but is not ultimately responsible for providing refunds to Renters.
    2. Unless otherwise specified in the Rental Agreement, an Owner may cancel a Booking if the Product is no longer available. If it does so, it must refund all Fees paid by the Renter
    3. The Owner must set a cancellation policy for each Product and comply with the relevant refund policy set out in the following table
    4. Cancellation Policy Full Refund 50% refund No Refund
      Most Flexible Bookings cancelled at least 48 hours prior to commencement Bookings cancelled at least 24 hours, but less than 7 days prior to commencement Bookings cancelled within 24 hours of commencement
    5. The following apply in respect of all modifications to Bookings:
      1. the Owner will not modify a Booking without the express agreement of the Renter; and
      2. following a Booking being made by a Renter, the Owner will not require that the Renter pay a higher amount than stipulated in the Booking.
  1. Content
    1. User Content
    2. This section only applies in respect of an Owner.

      1. When you use the Platform, you may upload User Content. 
      2. Any User Content uploaded by you to the Platform:
        1. may be accessed and viewed by the public; and
        2. may be used by Awayco in accordance with the licence granted to it by clause 5.1(d), including in the promotion of the Platform.
      3. You agree to be solely responsible for any User Content that is posted or uploaded to the Platform.
      4. You retain all Intellectual Property Rights in the User Content uploaded to the Platform. By uploading the User Content, you grant Awayco a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license), to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, the User Content, at any time in the future in any form and for any purpose.
      5. You consent to your User Content being altered, edited or adapted by us for any reason including to ensure your User Content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the User Content, by agreeing to these Terms, you provide an irrevocable and unconditional consent in favour of us, our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with your User Content (whether or not currently in existence) to:
        1. perform, exhibit, reproduce, adapt and communicate any part of your User Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to that User Content;
        2. do any act or omission that would constitute a derogatory treatment of your User Content;
        3. make any use of your User Content that may falsely attribute authorship of the User Content to another person;
        4. delete or adapt or change any of your User Content in any way, including by addition to or subtraction from your User Content; or
        5. combine or juxtapose your User Content with anything else.
      6. Where the User Content uploaded by you to the Platform contains material from third parties, you warrant that you have obtained the moral rights consents described in clause 5.1(e) from such third parties. 
      7. We may access or examine any User Content and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which we consider, in our sole discretion, to breach any Law or these Terms or to be otherwise unacceptable.
      8. You acknowledge that we:
        1. have no responsibility or liability for the deletion or failure to store any User Content uploaded by you or any other Users on the Platform; and
        2. are not responsible for any User Content uploaded to the Platform by you or any User nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.
      9. You represent and warrant that:
        1. you own the User Content or have the necessary licences, rights, consents and permissions to publish the User Content you upload on the Platform; 
        2. you have the right and power to grant the licence contained in clause 5.1(d) to us; 
        3. the User Content uploaded by you will not infringe the Intellectual Property Rights of any third party; and
        4. you will not upload User Content that will cause you to breach these Terms, in particular clause 9.
      10. You understand that we do not guarantee any confidentiality with respect to any User Content you upload to the Platform.
      11. You acknowledge and agree that we are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to your Intellectual Property Rights in User Content.
    3. Platform Content
      1. The Platform is owned and operated by or on behalf of Awayco. 
      2. The Platform Content is for general information and promotional purposes only. In providing a Platform for Owners and Renters to connect and transact, Awayco provides no endorsements as to the qualities of the Products or any verification of the Products or Rental Services advertised on the Platform. Any use of the Platform Content, materials or information by another person or organisation is at your own risk.
      3. The Platform Content includes feedback obtained from Renters and Owners. Renters and Owners may submit feedback to the Platform following completion of Rental Services in respect of a specified Booking. Owners agree and acknowledge that Renters may publicly post feedback in the form of ratings and reviews of the Products or Rental Services. Renters agree and acknowledge that Owners may publicly post feedback as to the Renters' conduct with respect to the Products or Rental Services. Renters and Owners agree that Awayco may, but is not obligated to, monitor feedback, and you release Awayco from any and all claims, causes of action, obligations or liabilities arising from or relating to such feedback.
      4. The Platform Content is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Platform Content is not an endorsement of any organisation, product, service or advice. 
      5. Awayco grants you a non-exclusive and non-transferable right to use the Platform for your own use, subject to the restrictions specified elsewhere in these Terms. 
      6. All Intellectual Property Rights, including copyright, in the Platform and the Platform Content are owned or licensed by Awayco or any of its Affiliates. You must not copy, modify or transmit any part of the Platform or the Platform Content. 
      7. The Platform may contain trade marks, logos and trade names of Awayco or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Platform.
  1. Access and Communication
    1. Subject to the consumer guarantees provided for in the ACL, Awayco does not warrant that you will have continuous access to the Platform.
    2. Awayco will not be liable if the Platform is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
    3. Awayco does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties. 
    4. Whilst Awayco takes reasonable precautions to protect information transmitted via the Platform, Awayco cannot and does not guarantee the security or confidentiality of these communications or the security of the Platform. 
    5. Awayco does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Platform and accepts no responsibility for any direct or indirect Loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
  2. Owner Obligations
  3. This Section only applies in respect of an Owner.

    1. Authority
    2. As an Owner, you must:

      1. have the requisite authority and right to rent out the Products subject to the Rental Services on the terms of the Rental Agreement; 
      2. ensure that your participation in the Rental Services as an Owner will not violate or result in the breach of any agreement between you and any third party;
      3. not publish, or otherwise make available a Product that you are not legally empowered to deal with; 
      4. not circumvent the Platform or the obligation to pay the Service Charges stipulated in clause 7.3(b); and 
      5. publish, or otherwise make available, hosting data necessary to ensure the operation of the Platform.
    3. Policies and Regulation
      1. As an Owner, you agree and are solely responsible for ensuring:
      2. the Product is inspected for damage and non-compliance with these Terms in between each Booking;
      3. the Product is clean and ready for use at the start of any Booking; 
      4. the Product and Rental Services correspond with the description and are fit for the purposes advertised on the Platform;
      5. the Rental Services will be performed in compliance with these Terms and all applicable Laws; 
      6. if a Booking is to begin at a specified time or on a specified date, that the Product is available to the Renter at that time or on that date. In the event the Product is not available to the Renter at that time or on that date, you shall make available to the Renter at the originally scheduled time and date another similar Product for the same Fee; and
      7. any Rental Agreement entered into with a Renter complies with all applicable Laws and regulations.
    4. Fees, Pricing and Billing
      1. As an Owner, you are solely responsible for:
        1. establishing the Fees to be charged to Renters for a Product which must be inclusive of all VAT (GST);
        2. issuing a VAT (GST) invoice (or such equivalent document which may be required in the relevant location) to a Renter in accordance with applicable Laws on request if you are eligible to do so;
        3. paying the Service Charges for the use of the Platform in accordance with this clause 7.3;
        4. obtaining any insurances required or customary for Bookings on the Platform and for the use of the Product, in accordance with applicable Laws; 
        5. paying all applicable taxes in connection with your use of the Platform; 
        6. providing and maintaining accurate contact and payment information, including without limitation applicable tax information such as your Australian Business Number;
        7. keeping complete and accurate records regarding Product usage and payment by Renters, which Awayco may audit upon reasonable notice to confirm proper payment and compliance with these Terms;
        8. ensuring that any bank fees arising from any error or omission in your payment information and contact information is deducted from your Fees; and
        9. notifying Awayco of a change to any Fees through the Platform to enable Awayco to amend the profile for the Product.
      2. As an Owner, Awayco is entitled to invoice you directly for the default Service Charges listed in your Account. 
      3. There will be no Service Charges for Bookings cancelled and refunded in accordance with these Terms.
      4. Awayco will automatically deduct the Service Charges and any other amounts due to it (including for any overpayments) from payments made by Renters prior to any remittance to Owners. Owners will not be required to pay Awayco any Service Charges until and unless the Renter has paid (and a Renter will be considered to not have paid in the event of a chargeback). 
      5. Unless otherwise specified, as an Owner, Awayco will endeavour to remit payment to you within 48 hours following the billing cycle with respect to recurring payments, subject to variations with respect to payment method, your location and weekends/public holidays.
      6. If you dispute any Service Charges hereunder, you must notify Awayco in writing within 30 days of receiving the relevant invoice, failure of which will result in a waiver by you of any claim relating to the disputed Service Charge. 
      7. If Awayco believes that it is obligated to obtain tax information and you do not provide this information after being requested to do so, Awayco may withhold your payments until you provide the specified information or confirm in a manner that is satisfactory to Awayco that you are not a person or entity from whom Awayco is required to obtain tax information.
  1. Renter Obligations
  2. This Section only applies in respect of a Renter.

    1. As a Renter, you must:
      1. comply with the Owner's policies and the Rental Agreement;
      2. pay the Fees to be charged by Owners for the Products and Rental Services in accordance with the Rental Agreement entered into with the specified Owner;
      3. comply with all other terms set out in the Rental Agreement with the specified Owner and all applicable Laws and regulations; and
      4. not cause any damage to the Owner's Products or bring Loss to the Owner arising from a breach of these Terms or from a breach of the Rental Agreement.
  3. Prohibited Uses
    1. As a User of the Platform, you (and you must procure that other people who may use the Platform on your behalf) must:
      1. not breach or circumvent any applicable Laws; 
      2. not damage or tamper with the operation of the Platform;
      3. not frame any portion of the Platform without Awayco's written consent; 
      4. not bypass (or attempt to bypass) any security mechanisms imposed by the Platform;
      5. not impersonate or falsely claim to represent a person or organisation;
      6. comply with all reasonable directions of Awayco with respect to your use of the Platform;
      7. take all reasonable steps to mitigate the risks inherent in the use of the Platform, including loss of your own data;
      8. upon Awayco's request, provide reasonable assistance in the investigation of any security issue relevant to the Platform;
      9. use your best endeavours to not introduce a virus, worm, Trojan horse, malware, spyware, disabling or malicious device or code, time bomb, or any other software or hardware or configuration that may cause harm or change to the Platform;
      10. immediately notify Awayco if you become aware that the Platform may infringe on the Intellectual Property Rights of a third party; 
      11. not remove, modify or obscure any copyright, trade mark, or other proprietary right notices that appear on the Platform;
      12. not download, transmit, copy, store, reformat or otherwise modify any element of the Platform; and
      13. not publish, or otherwise make available, data which is illegal, fraudulent, defamatory, or otherwise offensive to third parties, or otherwise use the Platform in a manner which is unlawful or would infringe the rights of another person including any Intellectual Property Rights.
  4. Confidentiality
    1. Obligations of confidentiality
    2. Subject to clause 10.2, the Receiving Party must:

      1. keep the Confidential Information confidential and not directly or indirectly disclose, divulge or communicate any Confidential Information to, or otherwise place any Confidential Information at the disposal of, any other person without the prior written approval of the Disclosing Party;
      2. take all reasonable steps to secure and keep secure all Confidential Information coming into its possession or control;
      3. only use the Confidential Information for the purposes of performing, and to the extent necessary to perform, its obligations under these Terms;
      4. not memorise, modify, reverse engineer or make copies, notes or records of the Confidential Information for any purpose other than in connection with the performance by the Receiving Party of its obligations under these Terms; and
      5. take all reasonable steps to ensure that any person to whom the Receiving Party is permitted to disclose Confidential Information under clause 10.3 complies at all times with the terms of this clause 10 as if that person were a Receiving Party.
    3. Exceptions
    4. The obligations of confidentiality under clause 10.1 do not apply to:

      1. any Confidential Information that:
        1. is disclosed to the Receiving Party by a third party entitled to do so, whether before or after the date of these Terms;
        2. was already lawfully in the Receiving Party's possession when it was given to the Receiving Party and was not otherwise acquired from the Disclosing Party directly or indirectly; or
        3. is generally available to the public at the date of these Terms or subsequently becomes so available other than by reason of a breach of these Terms; or
      2. any disclosure of Confidential Information by the Receiving Party that is necessary to comply with any court order or applicable Law if, to the extent practicable and as soon as reasonably possible, the Receiving Party:
        1. notifies the Disclosing Party of the proposed disclosure;
        2. consults with the Disclosing Party as to its content; and
        3. uses reasonable endeavours to comply with any reasonable request by the Disclosing Party concerning the proposed disclosure.
    5. Authorised disclosure
      1. A Receiving Party may disclose Confidential Information to any Affiliate, employee, agent, contractor, officer, professional adviser, banker, auditor or other consultant of the Receiving Party (each a Recipient) only if the disclosure is made to the Recipient strictly on a "need to know basis" and, prior to the disclosure:
        1. the Receiving Party notifies the Recipient of the confidential nature of the Confidential Information to be disclosed; and
        2. the Recipient undertakes to the Receiving Party (for the benefit of the Disclosing Party) to be bound by the obligations in this clause 10 as if the Recipient were a Receiving Party in relation to the Confidential Information to be disclosed to the Recipient.
      2. The Receiving Party is liable for any breach of this clause 10 by a Recipient as if the Recipient were a Receiving Party in relation to the Confidential Information disclosed to the Recipient.
    6. Breach of Confidence
    7. Each Party must promptly notify the other Party if it becomes aware of any unauthorised access, use or disclosure of all or any part of the Confidential Information and must give that other Party all reasonable assistance in connection with any claim which it may institute in connection with that unauthorised access, use or disclosure.

    8. Return or destruction of Confidential Information
    9. Immediately on the written request of the Disclosing Party, a Receiving Party must:

      1. cease the use of all Confidential Information of or relating to the Disclosing Party (or any Affiliate of the Disclosing Party);
      2. deliver to the Disclosing Party all documents and other materials in its possession or control containing, recording or constituting that Confidential Information or, at the option of the Disclosing Party, destroy, and certify to the Disclosing Party that it has destroyed, those documents and materials; and
      3. upon delivery of the Confidential Information under clause 10.5, permanently delete that Confidential Information from all electronic media on which it is stored, so that it cannot be restored.
  1. Indemnity
  2. You agree and acknowledge that you will fully indemnify Awayco in respect of all Loss, damages, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with:

    1. any breach of these Terms;
    2. your use of the Platform, including any wrongful, wilful or negligent act or omission;
    3. your communications with Awayco;
    4. your use of third party websites linked to the Platform; 
    5. any claims made by Renters, if you are an Owner; or
    6. any claims made by Owners, if you are a Renter.
  3. Warranties, Consumer Guarantees and Limitation of Liability
    1. Subject to clause 12.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by Law.
    2. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the User by the ACL or any other applicable Law that cannot be excluded, restricted or modified by agreement.
    3. To the fullest extent permitted by Law, the liability of Awayco for a breach of a non-excludable guarantee referred to in clause 12.2 is limited to:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.
    4. Awayco is not liable to you:
      1. for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Platform, all links to or from the Platform or the Products or Rental Services advertised or referred to on the Platform; or
      2. in relation to any Rental Agreement or otherwise in relation to the provision of a Product to a Renter or the use of a Product by a Renter.
    5. Subject to this clause 12, the maximum aggregate liability of Awayco for all losses, damages and claims arising out of or in connection with these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $500.
  4. Privacy
    1. Any Personal Information submitted by you (whether Personal Information of you or another individual which you have the necessary consents and/or authorisations to provide) to us is subject to and will be handled in accordance with our Privacy Policy. The Privacy Policy forms part of these Terms and can be found at www.awayco.com/privacy. You agree that, by using the Platform or communicating with us, you have read the Privacy Policy, understood its contents and consented to its requirements.
    2. You must not upload any Personal Information of another individual to the Platform, or otherwise provide us with any Personal Information of another individual, unless you first make them aware of our Privacy Policy and have their applicable consent or authorisation to upload such Personal Information.
    3. If you are an Owner that is subject to the EU General Data Protection Regulation (EU 2016/679) (GDPR) as a controller (as that term is defined under the GDPR), you and Awayco each agree that:
      1. you and Awayco will be considered 'joint controllers' for the purposes of the GDPR;
      2. you and Awayco will each comply with the obligations imposed on a controller under the GDPR;
      3. you and Awayco have entered into and are subject to the controller to controller standard contractual clauses available at [insert link] which form part of, and are incorporated into, these Terms, to enable the transfer and/or disclosure of Personal Information to Awayco based in Australia. By accepting these Terms, you agree to be bound by those standard contractual clauses. 
  5. Termination
    1. Awayco may at any time immediately terminate your access (including restricting access) to the Platform or any feature of the Platform for any reason (including due to your breach or alleged breach of these Terms or of the Rental Agreement) in its sole discretion and without prior notice.
    2. Should Awayco decide to exercise its rights granted by clause 14.1:
      1. any pending or accepted future Bookings will be immediately terminated;
      2. Awayco may communicate to Users that your account has been cancelled;
      3. Awayco may, if you are an Owner, refund the Renter in full for any and all confirmed Bookings; and
      4. you will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension or termination of your Account.
    3. You may terminate your Awayco Account at any time by providing Awayco with a notice of termination in accordance with the termination instructions available on the Platform. Upon receipt of the termination notice, Awayco will remove your Account and cease displaying your User Content, including your Products if you are an Owner and your collections on or through the Platform. 
    4. This clause 14 and clauses 1, 5.1(d), 10, 11, 12, 13 and 16 will survive termination of your access to the Platform in accordance with clause 14 and will continue to the benefit of and be enforceable by Awayco.
  6. Value Added Tax (Goods and Services Tax)
    1. In this clause 15:
      1. "Laws" means any applicable law, statute, by law, regulation, order, regulatory policy (including any requirement or notice of any regulatory body), guidance or industry code of practice, rule of court or directive, delegated or subordinate legislation in force from time to time; and
      2. "VAT (GST)" means value added tax, goods and services tax, consumption tax, services tax or any similar taxes from time to time imposed in any jurisdiction.
    2. All consideration to be paid or provided pursuant to these terms is expressed exclusive of any VAT (GST) properly chargeable in accordance with Laws.
    3. Subject to clause 15.5, if VAT (GST) applies to a supply made by Awayco in accordance with these Terms, you must pay Awayco an additional amount equal to the VAT (GST) chargeable on the supply. 
    4. You must pay the amount referred to in clause 15.3 to Awayco at the same time that the first part of the consideration for the supply is to be paid or provided, subject to Awayco issuing a VAT (GST) invoice or other document as may be required to be issued by Awayco by any relevant Laws.
    5. The Parties agree that if any relevant Laws allow or oblige you to:
      1. treat any supply made by Awayco pursuant to these Terms as made by you (as opposed to Awayco), or 
      2. to account for VAT (GST) on the supply (instead of Awayco accounting for the VAT (GST)),

      you must account for VAT (GST) under the reverse charge procedure or whatever procedure is appropriate according to the Laws and clause 15.3 does not apply.

    6. If a Party is entitled to be reimbursed or indemnified under these Terms for a cost or expense which includes VAT (GST), the amount to be reimbursed or indemnified must be reduced to the extent that the Party (or another member of a VAT (GST) group of which that Party is a member) is entitled to an input VAT (GST) deduction or credit.
    7. If the VAT (GST) payable on a supply made under these Terms varies from the amount paid by you to Awayco in accordance with clause 15.3 following a change to the consideration or otherwise, then:
      1. Awayco must recalculate the amount of VAT (GST) payable under clause 15.3 and notify you of the new amount within 14 days of becoming aware of the adjustment or variation; 
      2. a corresponding amount must be paid by Awayco to you, or by you to Awayco (as the case requires); and
      3. Awayco will issue you any further appropriate VAT (GST) invoice or a credit note for VAT (GST) purposes which is required to evidence or effect the adjustment.
  1. General
    1. Entire understanding
    2. These Terms contain the entire understanding between the Parties concerning the subject matter of these Terms and supersede all prior communications between the Parties.

    3. No adverse construction
    4. These Terms, and any provision of these Terms, are not to be construed to the disadvantage of a Party because that Party was responsible for the Terms' preparation.

    5. No waiver
      1. A failure, delay, relaxation or indulgence by a Party in exercising any power or right conferred on the Party by these Terms does not operate as a waiver of that power or right.
      2. A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these Terms.
      3. A waiver of a breach does not operate as a waiver of any other breach.
    6. Successors and assigns
    7. These Terms bind and benefit the Parties and their respective successors and permitted assigns under clause 16.5.

    8. No assignment
    9. You cannot assign or otherwise transfer the benefit of these Terms without our prior written consent. We are permitted to assign or otherwise transfer the benefit of these Terms without your prior consent.

    10. Communication and Notice
    11. You consent to Awayco contacting you by electronic means including through email.

    12. Severability
    13. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

    14. Governing Law and jurisdiction
    15. These Terms are governed by and must be construed in accordance with the Laws in force in the State of New South Wales, Australia. The Parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance or subject matter.

    16. Operation of indemnities
    17. Unless these Terms expressly provides otherwise:

      1. each indemnity in these Terms survives the expiry or termination of these Terms; and
      2. a Party may recover a payment under an indemnity in these Terms before it makes the payment in respect of which the indemnity is given.