Terms & Conditions
1.2 When these Terms mention “BookitDoit,” “we,” “us,” or “our,” it refers to the BookitDoit company you are contracting with.
1.4 Any and all payment processing services through or in connection with your use of the BookitDoit Platform (“Payment Services“) are provided to you by one or more BookitDoit Payments entities (individually and collectively, as appropriate, “BookitDoit Payments“) as set out in our Payment Terms (“Payments Terms“).
1.5 Providers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Activities (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Activities. In many cities, Providers may have to register, get a permit or obtain a license before providing certain Activities (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Providers are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Activities they offer. Certain types of Activities may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Provider Service(s) on BookitDoit, you should always seek legal guidance.
2.2 As the provider of the BookitDoit Platform, BookitDoit does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Activities. Providers alone are responsible for their Listings and Activities. When Members make or accept a booking, they are entering into a contract directly with each other. BookitDoit is not and does not become a party to or other participant in any contractual relationship between Members, nor is BookitDoit a real estate broker or insurer. BookitDoit is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.
2.3 While we may help facilitate the resolution of disputes, BookitDoit has no control over and does not guarantee:
- the existence, quality, safety, suitability, or legality of any Listings or Activities;
- the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or
- the performance or conduct of any Member or third party. BookitDoit does not endorse any Member, Listing or Activities.
2.4 Any references to a Member being “verified” (or similar language) only indicates that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by BookitDoit about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Activities, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by BookitDoit of any Provider or Listing.
2.5 If you choose to use the BookitDoit Platform as a Provider (as defined below), your relationship with BookitDoit is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of BookitDoit for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of BookitDoit. BookitDoit does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Activities. You acknowledge and agree that you have complete discretion whether to list Activities or otherwise engage in other business or employment activities.
2.6 To promote the BookitDoit Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. BookitDoit cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The BookitDoit Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
2.7 The BookitDoit Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. BookitDoit is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by BookitDoit of such Third-Party Services.
2.8 Due to the nature of the Internet, BookitDoit cannot guarantee the continuous and uninterrupted availability and accessibility of the BookitDoit Platform. BookitDoit may restrict the availability of the BookitDoit Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the BookitDoit Platform. BookitDoit may improve, enhance and modify the BookitDoit Platform and introduce new BookitDoit Services from time to time.
3.2 You will comply with any applicable export control laws in your local jurisdiction.
3.3 BookitDoit may make access to and use of the BookitDoit Platform, or certain areas or features of the BookitDoit Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
3.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
3.5 Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:
- ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members,
- screen Members against third party databases or other sources and request reports from service providers, and
- where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3.6 he access to or use of certain areas and features of the BookitDoit Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the BookitDoit Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the BookitDoit Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
4.2 We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email.
4.3 If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the BookitDoit Platform will constitute acceptance of the revised Terms.
5.2 You can register a BookitDoit Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your BookitDoit Account and your SNS Account at any time, by accessing the “Settings” section of the BookitDoit Platform.
5.3 You must provide accurate, current and complete information during the registration process and keep your BookitDoit Account and public BookitDoit Account profile page information up-to-date at all times.
5.4 You may not register more than one (1) BookitDoit Account unless BookitDoit authorizes you to do so. You may not assign or otherwise transfer your BookitDoit Account to another party.
5.5 You are responsible for maintaining the confidentiality and security of your BookitDoit Account credentials and may not disclose your credentials to any third party. You must immediately notify BookitDoit if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your BookitDoit Account. You are liable for any and all activities conducted through your BookitDoit Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.6 BookitDoit may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your BookitDoit Account. For example, we may enable Members to link their BookitDoit Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by BookitDoit to ask for your credentials, and you shall not request the credentials of another Member.
(a) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the BookitDoit Platform (“Member Content”); and
(b) access and view Member Content and any content that BookitDoit itself makes available on or through the BookitDoit Platform, including proprietary BookitDoit content and any content licensed or authorized for use by or through BookitDoit from a third party (“BookitDoit Content” and together with Member Content, “Collective Content”).
6.2 The BookitDoit Platform, BookitDoit Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge and agree that the BookitDoit Platform and BookitDoit Content, including all associated intellectual property rights, are the exclusive property of BookitDoit and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BookitDoit Platform, BookitDoit Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of BookitDoit used on or in connection with the BookitDoit Platform and BookitDoit Content are trademarks or registered trademarks of BookitDoit in Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the BookitDoit Platform, BookitDoit Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
6.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the BookitDoit Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BookitDoit or its licensors, except for the licenses and rights expressly granted in these Terms.
6.4 Subject to your compliance with these Terms, BookitDoit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
(a) download and use the Application on your personal device(s); and
(b) access and view any Collective Content made available on or through the BookitDoit Platform and accessible to you, solely for your personal and non-commercial use.
6.6 Any Member who displays images and photographs (‘Images’) on the BookitDoit Platform warrants it has the right to licence, use and distribution such Images and the Member agrees to indemnify BookitDoit for any breach of intellectual property rights claimed by any third party through use of such Images. Where BookitDoit is not the exclusive owner of Images, by using such Images on or through the BookitDoit Platform, you grant to BookitDoit an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. BookitDoit in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Images outside of the BookitDoit Platform solely for your personal and non-commercial use.
6.7 You are solely responsible for all Member Content that you make available on or through the BookitDoit Platform. Accordingly, you represent and warrant that:
(a) you either are the sole and exclusive owner of all Member Content that you make available on or through the BookitDoit Platform or you have all rights, licenses, consents and releases that are necessary to grant to BookitDoit the rights in and to such Member Content, as contemplated under these Terms; and
(b) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BookitDoit’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.8 You will not post, upload, publish, submit or transmit any Member Content that:
(a) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
(b) is defamatory, libelous, obscene, pornographic, vulgar or offensive;
(c) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(d) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or
(e) promotes illegal or harmful activities or substances.
6.9 BookitDoit may, without prior notice, remove or disable access to any Member Content that BookitDoit finds to be in violation of applicable law, these Terms and Conditions or otherwise may be harmful or objectionable to BookitDoit, its Members, third parties, or property.
6.10 BookitDoit respects copyright law and expects its Members to do the same. If you believe that any content on the BookitDoit Platform infringes copyrights you own, please notify us.
7.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Provider or Guest prior to publishing or booking a Listing. BookitDoit reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
7.3 You are responsible for paying any Service Fees that you owe to BookitDoit. The applicable Service Fees (including any applicable Taxes) are collected by BookitDoit Payments. BookitDoit Payments will deduct any Provider Fees from the Listing Fee before remitting the payout to the Provider. Any Guest Fees are included in the Total Fees collected by BookitDoit Payments. Except as otherwise provided on the BookitDoit Platform, Service Fees are non-refundable.
(a) provide complete and accurate information about your Provider Service (such as listing fee, description, location, calendar availability and discount specials),
(b) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and
(c) provide any other pertinent information requested by BookitDoit. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
8.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
8.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
8.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Activities. BookitDoit reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
8.5 The placement and ranking of Listings in search results on the BookitDoit Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Provider requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Provider Service, and/or ease of booking.
8.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Provider Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Provider Fee and any applicable Taxes.
8.7 BookitDoit recommends that Providers obtain appropriate insurance for their Activities. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Provider Service.
8.8 Listing Accommodations – Unless expressly allowed by BookitDoit, you may not list more than one Accommodation per Listing.
8.9 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit”). Providers are not allowed to ask for a Security Deposit:
(a) after a booking has been confirmed; or
(b) outside of the BookitDoit Platform.
8.10 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will:
(a) not breach any agreements you have entered into with any third parties, such as any body corporate body, homeowners association, condominium, or other agreements, and
(b) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
8.11 As a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
9.2 Upon receipt of a booking confirmation from BookitDoit, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. BookitDoit Payments will collect the Total Fees at the time of the booking request or upon the Provider’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
9.3 If you book a Provider Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Provider. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Provider Service if accompanied by an adult who is responsible for them.
9.4 Booking Accommodations – You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Provider to enter, occupy and use the Accommodation for the duration of your stay, during which time the Provider (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Provider.
9.5 You agree to leave the Accommodation no later than the checkout time that the Provider specifies in the Listing or such other time as mutually agreed upon between you and the Provider. If you stay past the agreed upon checkout time without the Provider’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Provider is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Provider, to pay any Overstay fees charged by the Provider.
9.6 Booking Experiences, Events and other Activities – You should carefully review the description of any Experience, Event or other Provider Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Provider has specified in their Listing. At your sole discretion you may want to inform the Provider of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Provider Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Provider Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Provider Service.
9.7 Before and during an Experience, Event or other Provider Service you must at all times adhere to the Providers’ instructions.
9.8 You may not bring any additional individuals to an Experience, Event or other Provider Service unless such an individual was added by you as an additional guest during the booking process on the BookitDoit Platform.
9.9 BookitDoit Travel Credits – BookitDoit Travel Credits may be redeemed for eligible bookings via the BookitDoit Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem BookitDoit Travel Credits after the BookitDoit Travel Credits are reflected in your BookitDoit Account.
10.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Provider.
10.3 Bookitdo does not provide any refunds and any refunds must be obtained directly from the Provider by any Guest.
10.4 In certain circumstances, BookitDoit may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be where BookitDoit believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to BookitDoit, other Members, third parties or property.
11.2 Ratings and Reviews by Guests and Providers must be accurate and may not contain any offensive or defamatory language.
11.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
11.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the BookitDoit Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
13.2 Tax regulations may require us to collect appropriate Tax information from Providers, or to withhold Taxes from payouts to Providers, or both. If a Provider fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
(a) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
(b) use the BookitDoit Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies BookitDoit endorsement, partnership or otherwise misleads others as to your affiliation with BookitDoit;
(d) use the BookitDoit Platform in connection with the distribution of unsolicited commercial messages (“spam”);
(e) offer, as a Provider, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the BookitDoit Platform;
(f) unless BookitDoit explicitly permits otherwise, book any Listing if you will not actually be using the Activities yourself;
(g) contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the BookitDoit Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
(h) use the BookitDoit Platform to request, make or accept a booking independent of the BookitDoit Platform, to circumvent any Service Fees or for any other reason;
(i) request, accept or make any payment for Listing Fees outside of the BookitDoit Platform or BookitDoit Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold BookitDoit harmless from any liability for such payment;
(j) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
(k) use, display, mirror or frame the BookitDoit Platform or Collective Content, or any individual element within the BookitDoit Platform, BookitDoit’s name, any BookitDoit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the BookitDoit Platform, without BookitDoit’s express written consent;
(l) dilute, tarnish or otherwise harm the BookitDoit brand in any way, including through unauthorized use of Collective Content, registering and/or using BookitDoit or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BookitDoit domains, trademarks, taglines, promotional campaigns or Collective Content;
(m) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the BookitDoit Platform for any purpose;
(n) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by BookitDoit or any of BookitDoit’s providers or any other third party to protect the BookitDoit Platform;
(o) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the BookitDoit Platform;
(p) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the BookitDoit Platform;
(q) export, re-export, import, or transfer the Application except as authorized by Australian law, the export control laws of your jurisdiction, and any other applicable laws; or
(r) violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that BookitDoit has no obligation to monitor the access to or use of the BookitDoit Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the BookitDoit Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist BookitDoit in good faith, and to provide BookitDoit with such information and take such actions as may be reasonably requested by BookitDoit with respect to any investigation undertaken by BookitDoit or a representative of BookitDoit regarding the use or abuse of the BookitDoit Platform.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to BookitDoit by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your BookitDoit Account as a Provider, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your BookitDoit Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, BookitDoit may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 BookitDoit may immediately, without notice, terminate this Agreement and/or stop providing access to the BookitDoit Platform if (i) you have materially breached your obligations under these Terms, the Payment Terms, our policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) BookitDoit believes in good faith that such action is reasonably necessary to protect the personal safety or property of BookitDoit, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, BookitDoit may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, our policies or standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the BookitDoit Account registration, Listing process or thereafter, (iv) you and/or your Listings or Activities at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or BookitDoit otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) BookitDoit believes in good faith that such action is reasonably necessary to protect the personal safety or property of BookitDoit, its Members, or third parties, or to prevent fraud or other illegal activity:
(a) refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
(b) cancel any pending or confirmed bookings;
(c) limit your access to or use of the BookitDoit Platform;
(d) temporarily or permanently revoke any special status associated with your BookitDoit Account;
(e) temporarily or in case of severe or repeated offenses permanently suspend your BookitDoit account and stop providing access to the BookitDoit Platform.
15.6 In case of non-material breaches and where appropriate, you will be given notice of any intended measure by BookitDoit and an opportunity to resolve the issue to BookitDoit’s reasonable satisfaction.
15.7 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.8 When this Agreement has been terminated, you are not entitled to a restoration of your BookitDoit Account or any of your Member Content. If your access to or use of the BookitDoit Platform has been limited or your BookitDoit Account has been suspended or this Agreement has been terminated by us, you may not register a new BookitDoit Account or access and use the BookitDoit Platform through an BookitDoit Account of another Member.
15.9 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
16.2 You agree that you have had whatever opportunity you deem necessary to investigate the BookitDoit Services, laws, rules, or regulations that may be applicable to your Listings and/or Activities you are receiving and that you are not relying upon any statement of law or fact made by BookitDoit relating to a Listing.
16.3 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
16.4 You agree that some Experiences, Events, other Activities, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Activities may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Activities. You assume full responsibility for the choices you make before, during and after your participation in a Provider Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Provider Service and to the maximum extent permitted by law, you agree to release and hold harmless BookitDoit from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Provider Service or in any way related to your Provider Service.
16.5 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
(a) these Terms,
(b) from the use of or inability to use the BookitDoit Platform or Collective Content,
(c) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the BookitDoit Platform, or
(d) from your publishing or booking of a Listing, including the provision or use of a Listing’s Activities, whether based on warranty, contract, tort (including negligence), product liability or similar, and whether or not BookitDoit has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
17.2 Except for our obligations to pay amounts to applicable Providers pursuant to these Terms or an approved payment request, in no event will BookitDoit’s aggregate liability arising out of or in connection with these Terms and your use of the BookitDoit Platform including, but not limited to, from your publishing or booking of any Listings via the BookitDoit Platform, or from the use of or inability to use the BookitDoit Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Provider Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the BookitDoit Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Provider, the amounts paid by BookitDoit to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian dollars (AU$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between BookitDoit and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of Australia, this does not affect BookitDoit’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
(a) your breach of these Terms or our Policies or Standards,
(b) your improper use of the BookitDoit Platform or any BookitDoit Services,
(c) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Provider Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use,
(d) BookitDoit’s collection of any taxes; or
(e) your breach of any laws, regulations or third party rights.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and BookitDoit as a result of this Agreement or your use of the BookitDoit Platform.
20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 BookitDoit’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without BookitDoit’s prior written consent. BookitDoit may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
(a) Total Fees: includes Listing Fee, Guest Fee, Security Deposit (if any) and any applicable Taxes as defined in the Terms and Conditions.
(b) Provider: means the provider of Activities, Accommodations, Events and Experiences as defined in the Terms and Conditions.
(c) Guest: includes a user of the Bookitdoit Platform as defined in the Terms and Conditions.
(d) Guest Payment: means a payment by a Gues in accordance with clause 2(b).
(b) The Total Fees are due and payable immediately when the Guest makes the booking using a Bookitdoit Payments entity (‘Guest Payment’).
(c) The Guest cannot complete a booking without making the Guest Payment.
(d) The Guest authorises Bookitdoit to charge 3.95% of the Total Fees as payment by the Guest for the use of the Bookitdoit Platform (‘Guest Charge’).
(b) After Bookitdoit has received the Guest Payment, Bookitdoit will transfer to the Provider the balance of the Total Fees (after deduction of the Guest Charge and the Provider Charge’) to the Provider’s nominated financial institution within two (2) business days of receipt of the Total Fees by Bookitdoit.