By accessing or using the Abroadly website (located at https://www.abroadly.net/ and related URLs), any Abroadly application (whether via mobile or computer), pages operated by Abroadly on social media websites and other platforms and our services, including but not limited to creating an account, using our Abroadly matching system, listing or posting content on our website or application and use of our contact form (Services), you agree to be legally bound by these Terms of Service (Terms).
By agreeing to these Terms, you are entering into a legally binding agreement with Abroadly Pty Ltd ACN 642 475 107, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Abroadly, we or us), and you agree to comply with any and all applicable laws and regulations, whether domestic or international.
You warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years of age and have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
The following General Terms apply to all users and visitors of the Services.
You acknowledge and agree that whilst Abroadly provides a forum which may allow au-pairs and prospective Backpackers and International Students (Backpackers), to match and connect with hosts and prospective hosts, including Regular Hosts, Au-Pair Hosts, WHV – 88 Days Employers and Hostel Hosts (Hosts).
We cannot guarantee that you will find a match or that the matches we provide are suitable for you or that a Backpacker or Host that you have contacted or seek to contact, will provide you with a response, as such results are subjective from person to person.
You acknowledge and agree that a failure to find a match to your satisfaction, or a failure to have a particular person respond or reply to you is not a breach of any of our duties under the Australian Consumer Law nor a failure of the Services.
We provide detailed filtering and searching features and the ability for Backpackers and Hosts to publish profiles and details about themselves and a rating system which allows other users to provide feedback on Backpackers and Hosts.
You acknowledge and agree that such content is provided by or developed from the users of Abroadly and is not controlled by Abroadly. As such, we do not guarantee or make any representations that any Backpacker or Host is trustworthy or reliable, or that any such information is accurate, you are solely responsible for determining whether you would like to proceed with a Backpacker or Host. Whilst we offer the ability for users to filter other users by nationality, religion, sex or other factors, we do not condone racism or other discrimination on the basis of such factors.
You agree that, to the maximum extent permitted by law, Abroadly holds no liability for the conduct of its users. You acknowledge that your access and use of the Services is at your own risk. You agree that you are responsible for all activity that occurs in connection with your IP address, account, username and password.
You represent and warrant to us that your use of the Services will comply with all applicable laws and regulations in the governing jurisdiction of these Terms and in your State/Country and overseas wherever you access the Services and otherwise where applicable and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.
You agree that you will not, and will not attempt to:
(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
(b) disclose or share your password or login information for the Services with any party;
(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user's use of the Services;
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only arcuate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
(e) use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect or use the Services to share illicit or sexually suggestive photographs or videos;
(f) post a person’s personal information or images without express permission;
(g) solicit or engage in any illegal or unlawful activity;
(h) use the Services to redirect users to other websites or encourage users to visit other websites;
(i) use the Services for any phishing, trolling or similar activities;
(j) defraud, scam, hack, swindle or deceive other users of the Services;
(k) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
(l) circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;
(m) attempt to access any Services or area of the website that you are not authorised to access;
(n) allow third parties to access and use the Services via your account;
(o) collect or solicit another person's personal information or images for commercial, inappropriate or unlawful purposes;
(p) spam other users;
(q) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
(r) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
(s) use any kind of code, program or device containing reference to Abroadly or the Services in order to direct any person to any other website for any purpose;
(t) resell, rent out or make any commercial use of the Services;
(u) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
(v) attempt to mislead others as to the origin of any information through the services by copying, forging or manipulating identifiers such as headers, footers or signatures;
(w) use automated methods or processes to use or access the Services or create user accounts;
(x) attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
(y) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or
(z) use the Services other than for their intended purpose.
We take the protection of our Services and Users very seriously and reserve all of our rights to take legal action against any party that breaches this paragraph 2.2.
Use of the Services through a mobile application or similar software grants you a non-exclusive, non-transferable, non-sublicensable, limited revocable licence to use a copy of application for the purposes of accessing and using the Services in accordance with these Terms (including terms outlined in the Intellectual Property clause), for personal use only. You may not use the application for any other purpose and may only install any such application on a device that you own or control.
This licence does not allow you to redistribute the application. You must not distribute or make the application available over a network where it could be downloaded or used by multiple devices or users at the same time.
Your licence to use the Services do not constitute and may not be interpreted as a sale of the application or any copy thereof or a transfer of our intellectual property rights, and Abroadly or its third party partners or suppliers retain all right, title, and interest in the application (and any copy thereof). Abroadly reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
These Terms do not entitle you to receive from Abroadly, its licensors or distributors, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the application or Service.
We may issue updated versions of our Services from time to time and depending on your settings and the application from which you are accessing the Services, we may automatically update an application on your device. You consent to such automatic updates and agree that these Terms and any other relevant Terms provided upon download or installation of the application, will apply to all such updates.
Our Services provide the functionality to communicate with other users. You acknowledge and agree that Abroadly does not control, take responsibility for, or assume any liability for, any content including any messages, communications, transactions or interactions (Communications) of you, or other users of the Services or any third parties, and that Abroadly makes no representations or warranties in relation to the Communications. You are solely responsible for such Communications. We reserve the right to observe or monitor Communications between users in our sole discretion, however we have no obligation to do so.
By uploading, publishing, transmitting or making available any data, content or other material to Abroadly, including by using the Services for Communications with other users of the Services (User Content), you agree to grant Abroadly, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
By uploading, publishing, transmitting or making available any User Content to Abroadly, you warrant and represent to Abroadly that:
(a) you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to Abroadly;
(b) Abroadly’s use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
(c) any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
(d) the disclosure and use of the User Content to Abroadly will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
(e) the use by Abroadly of the User Content will not breach the security of Abroadly or its users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(f) the disclosure and use of the User Content by Abroadly does not violate these Terms or other policies, or any applicable law, rule or regulation;
(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
(h) the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
(i) the disclosure and use of the User Content by Abroadly does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
(j) the disclosure and use of the User Content by Abroadly will not bring Abroadly into disrepute; and
(k) the User Content does not contain, promote or enable illegal or unlawful activities.
Abroadly retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however Abroadly is not obliged to do so.
You agree that Abroadly may require you to remove, amend or delete User Content and that you must comply with such requirement within 1 days’ written notice to you.
You acknowledge and agree that Abroadly is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
You agree to release Abroadly and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
Abroadly owns, controls or licences all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content contained in our Services (Abroadly IP).
Abroadly IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without the prior written consent of Abroadly.
Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Abroadly IP or our Services or cause or assist others to do so;
(b) challenge Abroadly’s ownership of Abroadly IP;
(c) infringe Abroadly IP;
(d) use or make any intellectual property that is similar to Abroadly IP; and
(e) use metatags or any other hidden text utilising our trade marks, without our prior written consent.
Our Services may, from time to time, contain links to and from websites which are owned or operated by third parties, or provide referral rewards through third party partners. You acknowledge and agree that Abroadly does not control, and is not responsible for the content, quality, nature, or reliability of any material that is posted, contained in or provided by any other user, third party, advertiser or website or hyperlink (including links to other applications) that is contained in the Services.
Abroadly is not to be taken to, in any way, represent or support the content, beliefs or views of any third party and such associations do not imply any sponsorship, affiliation or endorsement by Abroadly of any such material except where otherwise stated by Abroadly in writing.
Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party websites and applications at your own risk and that Abroadly is not liable for any information on, or the privacy practices of, any third party websites.
The Abroadly Services includes providing a directory of Backpackers and Hosts; providing methods to interact with and contact users; and providing advertising space for such parties. To the maximum extent permitted by law, you acknowledge and agree that Abroadly is not liable for any content, discussions, advertisements or services provided by Backpackers and you agree to release Abroadly from all liability relating to the acts, omissions or negligence of any Backpackers.
Abroadly may, from time to time, display vouchers or advertisements offering goods or services from third party providers, some vouchers or advertisements may appear as featured or recommended in the Services. You must check the terms and conditions of those third party providers before purchasing goods and services from them.
You must make your own enquiries as to the suitability of any of the third party goods and services prior to making any purchase from a third party provider and Abroadly accepts no liability and make no representations as to the suitability or quality of the goods and services offered by any third party featured on Abroadly.
Except where you purchase Paid Services as set out in paragraph 3.5 (in which paragraph 3.11 applies in lieu of this clause 2.11), you agree that Abroadly may, in its sole discretion, immediately and without notice to you, terminate, limit your access to or suspend your access or use of the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Abroadly account or terminate your licence to use Abroadly IP.
Abroadly provides the Services on an “as is” and “as available” basis. While we aim to update our website regularly, neither Abroadly, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the website, or published or uploaded by users, or as to the availability of the Services. You agree that Abroadly is not responsible for the communications or content of other users of the Services, including Hosts and Backpackers in the Services, and you acknowledge that Abroadly cannot guarantee the accuracy, safety or legality of such communications or content.
Abroadly does not make any warranty or representation (whether express or implied) as to the continuous availability of or secure access to the Services.
Abroadly reserves the right to restrict access to parts of our website or the entire website, change or withdraw any products, services, information or content featured on this website or provided through our Services without notice.
To the maximum extent permitted by law, neither Abroadly, nor any of its employees or agents will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the website, including any content uploaded onto Abroadly by its visitors, members, Hosts, Backpackers or any third party.
To the maximum extent permitted by law, Abroadly expressly disclaims all representations and warranties of any kind, including those specified by any of the Hosts, Backpackers or advertisers in the Services, unless expressly stated in these Terms or unless implied under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). This clause survives termination of these Terms.
You understand that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
To the maximum extent permitted by law, Abroadly excludes all liability and you agree to release Abroadly and that Abroadly will not be liable for any loss, damage (including special, indirect or consequential loss or damage such as loss of revenue, loss of goodwill) or injury (including death or illness), whether in contract, tort or otherwise, howsoever caused, arising from or in connection with the Services including, but not limited to:
(a) your access to or use of the Services;
(b) any loss of data, failure to transmit or process data, interruption of business or unavailability of systems;
(c) your use of, or reliance on, information, comments or opinions contained on the website or obtained through the Services; and
(d) any malicious or harmful programs, scripts or technologies that may affect the Services, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material.
If Abroadly is liable under these Terms for any matter which by law is not able to be released, then to the maximum extent permitted by law, the maximum aggregate liability of Abroadly under these Terms, for any reason whatsoever, whether arising in tort or contract or any other cause of action, is hereby limited to the lesser of (a) the fees (if any) actually paid to Abroadly by the complainant party; and (b) AUD$1,000.00.
The obligations under this paragraph 2.13 will survive termination of the Terms.
You agree to release and indemnify and hold Abroadly and its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to these Terms and the Services, including but not limited to:
(a) your use or access of the Services;
(b) your breach of these Terms;
(c) any dispute, claim, complaint, action, litigation or proceeding between you and any other user of the Services;
(d) any access to the Services by a third party arising out of your breach of these Terms;
(e) your violation of any law or the rights of a third party, including other Abroadly users or members.
You agree to co-operate with Abroadly (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise in connection with your use of the Services.
This clause survives termination of these Terms.
Our Services are merely a platform for the connection of Backpackers and Hosts. We may provide a method for you to report other users for breaching these Terms, including for illegal or inappropriate conduct and we may but are not obliged to, take action such as suspending such users in our sole discretion.
You agree that you are solely responsible for managing, dealing and responding to any disputes with other users, and that the limitation of liability and indemnity clauses apply in relation to any claims, actions, losses, expenses, costs and damages arising out of or in connection with any such dispute.
If a dispute between Abroadly and you, arises out of or in connection with these Terms, or the performance, validity or enforceability of it (Dispute) then the parties must comply with the procedure set out in this clause 2.17:
(a) Either party may give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents.
(b) On receipt of a Dispute Notice:
(i) the parties must attempt in good faith to resolve the Dispute;
(ii) if the parties are for any reason unable to resolve the Dispute within 30 days of receiving the Dispute Notice, the parties agree to endeavour in good faith to settle the Dispute by mediation administered by the Australian Commercial Disputes Centre. To initiate the mediation, a party must serve notice in writing (Mediation Notice) to the other party to the Dispute, requesting a mediation. The mediation will start not later than 30 days after the date of the Mediation Notice.
(c) Subject to sub-paragraphs (i) and (ii), no party may commence any court proceedings in relation to the whole or part of the Dispute until 30 days after service of the Mediation Notice, provided that the right to issue proceedings is not prejudiced by a delay.
(d) This paragraph 2.17 is not intended to prevent any party from seeking urgent injunctive or similar relief.
This clause survives termination of these Terms.
Abroadly reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published.
Whilst we will endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
Assignment: If you assign, transfer or deal with the whole or any part of your rights or obligations under these Terms, you agree that you will ensure that any assignee will accept an assignment of these Terms from the date of the assignment and will continue to be bound to comply with these Terms as though it were you under these Terms. A change in control (as defined in the Corporations Act 2001 (Cth)) constitutes a deemed assignment.
Waiver: Any failure or delay by Abroadly in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Abroadly from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
Force majeure: If either party is unable to perform in whole or in part, any obligation under these Terms or the Services as a result of any fact, circumstance or matter beyond our reasonable control, that party is relieved of that obligation to the extent and for the period that they are unable to perform the obligation except for any obligation to pay fees. You agree that Abroadly will not be held liable for any delay or failure in performance of any part of the Services.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer any relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee between Abroadly and you or any other party unless expressly stated otherwise.
Governing law and jurisdiction: These Terms are governed by the laws of Queensland, Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and its appellate courts.
To access and use the Services, you may be required to register with Abroadly by completing our registration form. In addition to the General Terms, these Service Terms apply to your access and use of the Services as a User of the Services.
You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password.
When you register with Abroadly, a public profile will automatically be created for you and when you post or publish User Content, such User Content will be publicly linked to your account and profile. You agree that User Content you provide to Abroadly to be made publicly accessible to third parties, including other users or visitors of the Services.
You agree that Abroadly is not liable to you for the use or access of User Content by third parties. You can control and update your privacy settings in your account settings.
Abroadly has two membership types:
(a) Host: you can register as one of our categories of Host, including Local Friend, Local Host, Au-Pair Host, Working Holiday Visa (WHV) – 88 Days Employer or Hostel Host, in order to match with a Backpacker, communicate with a Backpacker or write a review, pay for Backpacker services plus many other features; or
(b) Backpacker: you can register as a Backpacker, including a Backpacker or Au Pair, to create a profile, use our online matching service and match with families to provide them with Backpacker Services.
Each person may only have one registration with Abroadly. You must register on your own behalf, third parties are not permitted to register on behalf of another person. Registrations by commercial backpacker companies are not permitted.
Registration is charged at the price listed at the time of purchase, and is subject to clause 3.5.
You are solely responsible for making your own enquiries as to the identity, verification and credentials of any other user, including any Backpacker or Host, and whether your host country and country of residence allows you to engage a Backpacker, provide services as a Backpacker or act as a Host.
You acknowledge and agree that Abroadly is under no obligation to screen or verify any of our users, however Abroadly retains the right to screen and verify our users, in our sole discretion. You agree to submit to such screening and to provide to Abroadly at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, company or business numbers, copies of photo identification (such as drivers licence and passport), utility or telephone bills, or other identifying documentation.
You understand that Abroadly may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
Abroadly provides remedies (such as cancellation of your Paid Service, a renewal of your Paid Service or where necessary, a refund of amounts paid) if the Services are not provided in accordance with the Australian Consumer Law.
Abroadly reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Paid Services are subject to change in our sole discretion provided that if you have signed up to a Paid Service, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.
If we do not notify you at least 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Paid Service at the price prior to the price increase for a period of 10 days following which you may terminate the Paid Service with immediate effect (provide notice is received within the 10 days' notice of the price increase) or continue the Paid Service at the increased price.
Prices displayed on the Services are in US dollars, unless otherwise specified and are exclusive of any relevant taxes.
All payments on Abroadly are processed through third party payment gateway, Stripe. Please note that in order for payment to be processed through Stripe, you may be redirected to the Stripe website to make payment. You may be required to enter into the Stripe User Agreement or other agreements provided by Stripe. You acknowledge and agree that Stripe is a third party website and we are not liable in any way for the content, availability, privacy practices or security of Stripe or any issues with any payment or payment method offered by, or via, Stripe.
When you select to pay Abroadly for a Paid Service, you authorise Abroadly to charge you through any payment method(s) you select when making your initial purchase (Payment Method) and you agree to continue to make payments using that payment method for the term of your Paid Service.
You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.
If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorised to charge your Payment Method.
If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and charge interest of 10% p.a. on unpaid amounts.
Abroadly will not provide refunds, except as required under Australian Consumer Law.
If you have purchased a Paid Service and you do not cancel your Paid Service in accordance with paragraph 3.8, prior to the end of the Paid Service term, your Paid Service will be automatically renewed at the end of each term for a further term of the same duration as the expiring Paid Service term for our then-current subscription fee.
You acknowledge and agree that your payment method will be automatically charged for such Paid Service fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Paid Service is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees and you do not subsequently cancel your subscription.
If you cancel your Paid Service, your Paid Service benefits will continue until the end of your then current subscription term, but your Paid Service will not be renewed after that term expires. Except in accordance with Australian Consumer Law or if we cancel your subscription without cause, you will not be entitled to a prorated refund of any portion of the Paid Service fees paid for the then current subscription term.
You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Abroadly as soon as you become aware of the issue. Failure to provide such information to Abroadly may result in charges to your current Payment Method for the Paid Services, and you acknowledge that you remain responsible for these charges.
Abroadly reserves the right to correct any errors or mistakes that may result in incorrect payment for Paid Services and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.
You agree that Abroadly may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of, the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Abroadly account or terminating your licence to use Abroadly IP if you breach or become in breach of any of these Terms.
If Abroadly terminates in accordance with the previous paragraph, it shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Paid Service fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Abroadly account without the prior written consent of Abroadly.
You agree that Abroadly may, in its sole discretion, with at least 2 days' notice to you, terminate, limit your access to or suspend your access or use of the Services for any reason. In such circumstances, Abroadly may, at your election:
(a) continue to provide your Paid Service benefits until the end of your then current subscription term, cease providing the Paid Services after that term expires; or
(b) immediately cease providing the Services or Paid Service benefits and provide a prorated refund of any portion of the Paid Service fees paid for the then current subscription term.
The following terms apply to all Backpackers and Hosts in connection with the Services.
Abroadly may, in its sole discretion and without prior notice, make changes or amendments to the Services from time to time (including any features of the Services such as the Engagement system, Advertisements, Reviews, etc.).
If you are a Backpacker, these terms apply to you
You warrant and represent to Abroadly that you have and will maintain throughout the term of your use of the Services, any and all visa requirements, qualifications, certifications, licences, permits, insurances and any other documentation necessary to provide the relevant Backpacker Services to Hosts and members of the public in accordance with any relevant laws and that you will notify Abroadly of any change to such details. You acknowledge and agree:
(a) that you are solely responsible for your provision of any Backpacker services and managing your relationships with Hosts;
(b) that you are solely responsible for obtaining and paying for any insurances, visas and visa applications and any expenses you incur in providing Backpacker services;
(c) that you are solely responsible for verifying that any Host you select, and their accommodation and opportunities provided by the Host are suitable for you and your needs;
(d) to ensure that all content made available or uploaded by you in relation to your backpacker services vide is correct, accurate and up to date and remains accurate and up to date;
(e) to actively promote and encourage use of Abroadly;
(f) to comply with all applicable privacy and data laws and regulations in connection with the Services;
(g) to notify Abroadly of any complaints and any unauthorised access to or data breach in connection with the Services; and
(h) to release and indemnify and hold Abroadly and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to any act, omission, negligence or breach of the Terms by you in connection with the Services (including Engagements or Reviews posted relating to the Backpacker, failure by the Backpacker to obtain appropriate visas or insurances, etc.).
You warrant and represent to Abroadly that you have and will maintain throughout the term of your use of the Services, any and all certifications, licences, permits, insurances and any other documentation necessary to host a Backpacker, in accordance with any relevant laws and that you will notify Abroadly of any change to such details.
If you are a Host, you agree that:
(a) you are the owner of any accommodation you are offering as a Host or have obtained all suitable permissions, authorisations, consents or licences to allow Backpackers to stay with you and you warrant and represent to us that you have obtained such permissions, authorisations, consents or licences;
(b) you will comply with all applicable laws in the Engagement of a Backpacker, including any occupational health and safety laws, employment laws and minimum wage requirements and that you are solely responsible for complying with any law in your jurisdiction, including any tax, insurance and visa laws;
(c) you are using the Services and providing services as a Host entirely at your own risk and you are solely responsible for verifying that any Backpacker selected to stay with you, are suitable for you and your needs;
(d) to the maximum extent permitted by law, Abroadly is not liable or responsible for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including Backpackers;
(e) to the maximum extent permitted by law, Abroadly is not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, whether suffered by or incurred by you or any third party including family members, pursuant to or arising out of or in connection to any act, omission or negligence of any Backpacker, including as a result of obtaining any Backpacker services; and
(f) Abroadly is not an agent for any Backpacker and has no responsibility or liability for the communications or conduct of such Backpacker, including but not limited to any fulfilment of an Engagement request (including no shows), availability or quality of the Backpacker's services.
The Services includes features that allow a Host to match and obtain Backpacker services from a Backpacker, and allow Backpackers to match with a Host to provide Backpacker services to the Host, in exchange for boarding/accommodation and other benefits as agreed by the Host.
If a Host and Backpacker wish to proceed with an arrangement between them (for example, for the provision of accommodation by the Host in exchange for the provision of Backpacker services such as helping out with chores, gardening, babysitting, cleaning, cooking, tutoring, farm work or similar by the Backpacker) (Engagement), the parties must enter into their own engagement agreement, whether it be a verbal or formal written arrangement (Engagement Agreement). We encourage you to enter into written arrangements to prevent disputes.
You acknowledge and agree that Abroadly holds no liability for any arrangements made between any Host or Backpacker or the content included in any Engagement Agreement. It is your own responsibility to check that the Engagement Agreement reflects your intended arrangement and complies with any applicable laws or regulations. We encourage you to seek independent legal and financial advice in relation to your Engagement Agreement.
Each party warrants and represents to the other that:
(a) it has full capacity and authority to enter into the Engagement Agreement;
(b) it complies with, and will continue to comply with, any applicable acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, state and local government departments, bodies, and public authorities or other authority, including but not limited to any applicable privacy laws, VISA or migration laws, employment laws and occupational health and safety laws;
(c) that all information it has provided to the other party, including via the Services, is true, accurate and free from error; and
(d) that it has all working rights, employment rights and all rights to offer, provide or receive the relevant services (for example, Backpacking services or the ability to host a Backpacker) in the relevant country, including any VISA requirements or permits.
If you are a Backpacker, these terms apply to you.
(a) that you are solely liable for any Engagements with you through the Services;
(b) to use best endeavours to prevent and minimise the possibility of unavailability, cancellation or conflicting engagement;
(c) to promptly respond to any Engagement requests (by accepting or rejecting them) and contacting the relevant Host upon receiving an Engagement request or query relating to the business and to communicate with such Host as necessary to provide the backpacker services;
(d) that data imported or entered into the Services, including the Engagement system, may not be exported outside of the Services, including where you engage Abroadly to migrate bookings, appointments and customer data into the Services; and
(e) that Abroadly is, to the maximum extent permitted by law, not in any way liable for any punitive, special, indirect or consequential loss or damages, loss of production, loss of profit or revenue, loss of or damage to goodwill or reputation, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to the Services, including loss of data, unavailability of the Engagement system, lost Engagements, cancellation of Engagements, no-show Hosts, incorrect information provided by Hosts and technical errors in the Services.
You warrant and represents to us that:
(a) you have the necessary skills, professional qualifications and experience to perform the Backpacker services in accordance with any of the Hosts requirements and best practice;
(b) you will carry out the Backpacker services with all due skill and in a good and workmanlike manner, and in accordance with the best practice within the industry of the Backpacker;
(c) you have obtained all necessary and required visa, licences, consents and permits to perform the Backpacker services; and
(d) you shall be responsible for all costs, fees, expenses and charges for training necessary or required for it to perform the Backpacker services.
If you are a Host, these terms apply to you.
You agree, warrant and represent to Abroadly that that by matching or engaging with a Backpacker, that you are genuinely seeking Backpacker services and you will comply with all relevant laws and regulations in relation to any subsequent Engagement.
You agree that:
(a) you have obtained all necessary and required licences, consents and permits to host a Backpacker, obtain any Backpacker services and any associated services in relation to these Terms or your Engagement with a Backpacker;
(b) the Backpacker is solely liable and responsible for the information provided by the Backpacker, Engagements and the provision of its backpacker services and that any issues relating to the Backpacker, Engagement or the backpacker services are to be directed to the Backpacker; and
(c) to the maximum extent permitted by law, Abroadly is not in any way liable for any punitive, special, indirect or consequential loss or damages, loss of production, loss of profit or revenue, loss of or damage to goodwill or reputation, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to the Services, including loss of data, unavailability of the Engagement system, lost Engagements, cancellation of Engagements, no-show Backpackers, incorrect information provided by Backpackers and technical errors in the Services.
The Services may include the ability to locate, trace or track a user or other party, based on their phone's location using geo-location technology. You consent to the use of geo-location services on your phone or other device, to enable these location tracking services and agree that the use of such services does not breach any of your rights or any rights of any other party, including privacy rights. You acknowledge and agree that such Services are based on geo-location services based on a users' phone or other device, and that the location of any person cannot be guaranteed. We do not warrant or represent that the person indicated in the Services is actually located at the location indicated on the Services and we are not liable for any errors in the location information provided on the Services.
The Services include a feature that allows users (whether a Backpacker, Host or third party) to advertise their jobs or services or business to the general public and other Abroadly users and promote "featured" users (Advertisements). Unless expressed stated otherwise in writing by Abroadly, Abroadly does not endorse any Advertisement posted on the Services.
Abroadly makes no representations or warranties about the accuracy or completeness of any of the Advertisements posted on Services nor does Abroadly make any representation or warranty regarding the quality of any goods or services contained in an Advertisement. You agree that to the maximum extent permitted by law, Abroadly is not liable in any way for any loss or damage caused in connection with or arising out of the content of any Advertisement and that any liability for such loss or damage rests with the relevant user.
You may lodge a complaint with Abroadly regarding an Advertisement, providing reasons for the complaint and Abroadly may, in its sole discretion, require a user to amend or remove an Advertisement or Abroadly may delete the Advertisement without further notice.
The Services include a feature that allows users to review, rate and write testimonials about other users (Reviews) and as such, the views presented in a Review do not reflect the views or opinions of Abroadly and Abroadly makes no representation or warranty in connection to the accuracy or legitimacy of any Review.
You agree that you will not post a Review:
(a) of a Host, if you are associated with that Host (other than association due to engagement by that Host as a provider of Backpacker Services);
(b) of a Backpacker, if you are associated with that Backpacker (other than association due to engagement of that Backpacker as a provider of Backpacker Services);
(c) that is inaccurate or not genuine;
(d) that is defamatory or in breach of any law or regulation;
(e) which breaches confidentiality or privacy; or
(f) which breaches these Terms.
Abroadly makes no representations or warranties about the accuracy or genuineness of any Reviews posted in our Services and any disputes between users are to be dealt with between those parties.
Users cannot and are not permitted to delete Reviews, however a User or other party may lodge a dispute with Abroadly regarding a Review, providing reasons for the dispute and Abroadly may, in its sole discretion, make a determination regarding the dispute or, liaise with the reviewer and the User to attempt resolution of the dispute using best endeavours to respond to a dispute within 48 hours of receipt of notice of the dispute.
In accordance with Australian Consumer Law, Abroadly will not amend or delete genuine Reviews, but it reserves the right to delete or amend where appropriate, Reviews for Users that:
(a) are posted by the same User, or a party associated with that User (other than association due to engagement in relation to Backpacker Services);
(b) contain offensive, vulgar or inappropriate language including hate-speech or discriminatory language;
(c) are clearly made in error by the reviewer; or
(d) breach any of these Terms.
We collect Personal Information, as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act), when you access or use our Services.We collect Personal Information, as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act), when you access or use our Services.
We collect information that you provide to us via use of our Services as well as through any other means used to contact us.
The kinds of Personal Information we collect include your contact information such as your name, email address, address, phone, passport or visa details, mobile number, birth date, age, sex, work experience, education and accreditations. We may also collect Sensitive Information, being a type of Personal Information, for the purposes of allowing search and filtering functionality as part of the Services, including nationality/race/ethnicity, medical information (such as allergies), religious beliefs and affiliations.
We reserve the right to maintain, store and use any information or data where we reasonably believe that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.
You expressly consent to the use of your Personal Information for the provision of Services in accordance with our Terms, including to the sharing of such information with potential or actual Backpackers or potential or actual Hosts.
We automatically record information from your device and its software when you access our Services, including your IP address, browser and device type, internet service provider, mobile phone carrier, platform type, the website from which you came and the website to which you are going when you leave our Services, date and time stamp and cookies that may uniquely identify your browser or account.
When accessing our Services using a mobile device, we may also receive and collect identification numbers associated with your device, mobile carrier, device type and manufacturer. Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.
The Services may include functionality to track a Backpacker or Host, using their mobile phone's geographical location data (including GPS). You expressly consent to the collection, storage and use of such data for the purposes of our provision of the Services and sharing such data with the party specified (being either the relevant Backpacker, or Host).
Our Services may use small pieces of data called cookies to identify a user who engages with our Services and to compile records of a user’s history of engaging with our Services such as the content you have viewed, the links you have followed and information about your browser, device and IP Address. Cookies are stored by a users’ browser while the user browses a website and do not usually contain information that personally identifies a person, but each time the user visits the website, the browser sends the cookie data back to the server to notify the system of the user's previous activity. If you wish to disable cookies, you may do so through your browser settings.
We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
We also use Google Analytics, which allows us to anonymously track the use of our Services by recording the number of users who have visited, the number of pages viewed, navigation patterns, what systems users have and the date and time of visits through cookies. This information is collected for statistical purposes only and cannot be used to identify you.
(a) for provision of the Services, including but not limited to matching Backpackers with a Host and vice versa and tracking functionality as specified in paragraph 2.2;
(b) for communication with you and to provide messaging and/or communications to you in association with the functions and features of the Services;
(c) for communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, support and administrative messages;
(d) for analysis, monitoring, development and improvement of our Services, including other products or services;
(e) for security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property and that of our other users;
(f) for sending marketing communications to you, including notifying you of promotional or advertising offers, contests and rewards, upcoming events and other news about products and services offered by us and use of our Services;
(g) to comply with relevant laws and regulations where applicable; and
(h) for the performance of other functions described at the time of collection or as consented to in relation to our Services.
Please note that no method of electronic transmission or storage is 100% secure and we cannot guarantee the absolute security of your Personal Information. Transmission of Personal Information over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal Information to the Services within a secure environment. It is your responsibility to ensure that you keep your Personal Information safe, including keeping your software up to date to prevent security breaches.
We reserve the right to maintain and store any information or data where, we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.
If you would no longer like us to hold your Personal Information, please login to delete your account. If your Personal Information is no longer needed for the purposes outlined in this Policy, we destroy or de-identify your Personal Information after 2 years from the date that it is no longer needed. However, we may also be required to keep some of your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
Your Personal Information may be disclosed to individuals and companies, for the purposes described in this Policy, as outlined below:
Your Personal Information may be accessed by us, including our directors, employees, officers and contractors. You consent to us providing your Personal Information, including Sensitive Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).
Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles, or where we reasonably believe that disclosure is required to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your Personal Information.
You agree and expressly and indefinitely consent to us using or disclosing Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you. For this purpose, disclosure may be made to our third-party service providers. We may communicate with you via phone, email, social media, SMS, or regular mail. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.
You can opt-out of direct marketing communication activities undertaken by us at any time by clicking the “unsubscribe” or “opt-out” link on email communications from us, replying ‘Stop’ to a promotional SMS or by contacting us by phone or email.
We may share your Personal Information with third parties if it is reasonably related to the provision of our Services. The third parties that we may share your Personal Information with includes consultants, contractors, credit agencies, debt collection agencies and other service providers to us that perform services on our behalf. Such services we procure may include identifying and disseminating advertisements, enforcement of our Terms, providing fraud detection and prevention services, processing payments or providing analytics services. We may also share your Personal Information with our business partners who offer goods or services to you jointly with us (for example, contests or promotions).
We may share your Personal Information where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.
We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.
Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:
(a) investigate and defend ourselves against any third party claims or allegations;
(b) protect against harm to the rights, property or safety of Abroadly, its users or the public as required or permitted by law; and
(c) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.
Please note that the Services are available worldwide. As such, some of the parties listed above to whom your Personal Information may be disclosed, may be located overseas worldwide.. You expressly consent to the disclosure of such Personal Information to the parties above, including where they are located overseas
Overseas organisations may be required to disclose information that we share with them under an applicable foreign law.
Please note that the transfer of your Personal Information to such overseas parties may pose risks to the security of your Personal Information as these countries may not have been issued with an adequacy decision as set out in the GDPR (see paragraph 11) or have appropriate safeguards in place, however by providing your Personal Information to us, you acknowledge and consent to disclosure of Personal Information to such overseas recipients.
Social Media Platforms also allow public access to your public social media profile, which may include your username, age range, country/language, list of friends or other information that you make publicly available and you understand that such information may therefore be accessible by us if you interact with its social media pages.
We may from time to time, have access to statistics regarding the number of views, navigation patterns, posts that you like, comment on or share and any user interactions with our social media pages and may use such information for the purpose of its marketing and promotion strategies.
At any time, you may request access to Personal Information we hold about you. We may refuse to provide access if the law allows us to do so, in which case we will provide reasons for our decision as required by law.
We take reasonable steps to keep your Personal Information accurate, complete and up-to-date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information deleted or corrected.
You may request access to the information we hold about you, or request that we delete, update or correct any Personal Information we hold about you, by setting out your request in writing and sending it to us in accordance with paragraph 10.
Abroadly will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why.
You may submit a written complaint about how we handle your Personal Information to our Privacy Officer via the details below. If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner or your national data protection authority.
All requests for access or corrections to your Personal Information and complaints should bebac
(a) by contact form at www.abroadly.net; or
(b) by e-mail at firstname.lastname@example.org
If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner or your national data protection authority.
For the purpose of clarity, data processing of individuals in the European Union (EU) is carried on only occasionally and as such, no EU representative has been designated, however the General Data Protection Regulation (GDPR) (EU) 2016/679 may apply to you if you are resident of, reside in or are located in the EU.
If the GDPR applies, this paragraph applies in addition to the above paragraphs to the extent that we are acting as a “Data Controller” with respect to your Personal Information.
To the extent that our legal basis for processing your Personal Information is consent, you have a right to withdraw consent to the collection of your Personal Information at any time by sending us a written request to do so via the contact details above.
Our legal bases for collecting and processing your Personal Information for the purposes listed above may be:
(a) your express consent;
(b) for our legitimate interests in providing information about the Services to you or providing the Services to you and improving and developing the Services; and/or
(c) in order to perform a contract (whether verbal or written) for you in order to provide paid Services to you.
We have summarised your rights under the GDPR, but please note that not all of the details of your rights have been included in these summaries. Please ensure to read the relevant laws and guidelines for a full explanation of these rights.
You may exercise these rights by contacting us to notify us of the rectification or provide information to complete your Personal Information.
You have a right to obtain confirmation as to whether or not your Personal Information is being processed and, if so, you may request access to that Personal Information and further information including the purposes of the processing, the categories of Personal Information concerned and the recipients of the Personal Information. The first copy of such information will be provided free of charge, but additional copies may be subject to a reasonable fee.
You have the right to obtain the rectification of inaccurate Personal Information concerning you and you have the right to have incomplete Personal Information completed.
You have the right to obtain the erasure of your Personal Information without undue delay if:
(i) the Personal Information is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(ii) you withdraw consent to consent-based processing;
(iii) you object to the processing under certain rules of the GDPR; or
(iv) the Personal Information has been unlawfully processed.
However, there are exclusions of the right to erasure such as where processing is necessary to exercise the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.
You have the right to restrict the processing of your Personal Information if:
(i) you contest the accuracy of the Personal Information;
(ii) processing is unlawful but you oppose erasure;
(iii) we no longer need the Personal Information for the purposes of our processing, but you require Personal Information for the establishment, exercise or defence of legal claims; or
(iv) you have objected to processing, pending the verification of that objection.
Where processing has been restricted on this basis, we may continue to store your Personal Information, however we will only process it with your consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.
To the extent where your Personal Information has been provided based on consent, under a contract, or where processing is carried out by automated means, you have a right to receive Personal Information concerning you in a structured, commonly used and machine-readable format and you have a right to transmit that data to a Data Controller, except where this would adversely affect the rights and freedoms of others.
You have the right to object to our processing of your Personal Information for direct marketing purposes. If you make such an objection, we will cease to process your Personal Information for this purpose.