Terms and Conditions

Riparide aims to connect adventure seekers and storytellers with accommodation, experiences and vehicle providers to open a world of adventures and fulfilled living

These terms and conditions (Terms) are entered into between Riparide Pty Ltd ABN 16 154 577 456 (we, us or our) and you, together the Parties and each a Party. These Terms include our privacy policy.

We provide a platform (Platform) where:

  • we may engage passionate and adventurous content creators (Storytellers) to create content for us (Storyteller Services); and
  • suppliers and hosts (Hosts) of adventure accommodation, experiences and vehicles (Adventure Services) and adventure seekers (Customers) can connect and transact.

The Platform is available at www.riparide.com and via other channels or addresses.

In these terms, User means Hosts, Customers and Storytellers and you means (as applicable) (1) the person or entity registered with us as a User; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s employees, contractors and other personnel to these Terms.

Acceptance

You accept these Terms by checking the box, clicking “I accept” or using the Platform or the Riparide Services. You must be 18 years old to use the Platform.

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause.

Platform summary

Riparide is a marketplace where Hosts and Customers can find each other and advertise, buy and sell Adventure Services (including accommodation, experiences and vehicles) online. Riparide is also a Platform where we may engage Storytellers to participate in adventure experiences and create content for us. We provide the Platform to Users (including hosting and maintaining the Platform), assist Users to form contracts for the supply of services and process payments between Users (together the Riparide Services). You understand and agree that we only make available the Platform and the Riparide Services. We are not party to any agreement entered into between any Hosts and Customers and we have no control over the conduct of Users or any other users of the Platform.

Hosts and Customers may enter into written agreements in relation to Adventure Services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.

Listings

A Host wanting to provide Adventure Services creates an account on the Platform and posts an accurate and complete description of the Adventure Services they can provide which may include an accommodation listing, experience listing or vehicle listing (Listing). If you are a Host, we will review your request for a Listing before approving the listing. The Listing must comply with these Terms and any other guidelines set out on the Site.

Accommodation Listing: A Host wanting to provide accommodation posts an accurate and complete description of the accommodation services (including a description of the accommodation, location, availability, fees, any restrictions that apply such as a minimum age requirement or any other information we request you to provide).

Experience Listing: A Host wanting to provide an adventure experience posts an accurate and complete description of the adventure experience they would like to provide (including a description of the activity, any minimum age, proficiency or fitness requirements and any other information we request you to provide).

Vehicle Listing: A Host wanting to provide a vehicle for hire posts an accurate and complete description of the vehicle they would like to hire (including vehicle location, type and model, size, capacity and availability and any other information we request you to provide).

A Customer wanting to buy Adventure Services creates an account on the Platform to view and browse Listings.

A Customer may request Adventure Services described in a Listing by sending a request through the Platform. The request is an offer from the Customer to the Host to book the services described in the Listing (Booking Request).

If the Host accepts the Booking Request through the Platform, it becomes a Booking and a legally binding agreement is formed between the Host and Customer. If you have booked accommodation services, you understand and agree that the Booking is a limited licence granted to you by the Host to enter, occupy and use the accommodation outlined in the Listing, for the duration of your stay, during which time the Host (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 Host.

By accepting a Booking Request, the Host confirms that it is legally entitled to and capable of supplying the Adventure Services described in the Booking Request. Once a Booking Request is accepted, the Host agrees not to increase the fees.

Hosts must include all additional terms and conditions relating to Adventure Services in the relevant Listing or must clearly state that there are additional terms and conditions. By sending a Booking Request, a Customer is accepting the additional terms and conditions of the relevant Host, including any checkout times, cancellation policy listed in the Listing and any Host rules.

If you make a Booking for accommodation services and you stay past the agreed checkout time without the Host’s consent (Overstay), you no longer have a license to stay in the accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each 24 hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to 2 times the average nightly Booking Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable taxes, and any legal expenses incurred by the Host to make you leave (collectively, Overstay Fees). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay.

Stories

A Storyteller wanting to provide Storyteller Services creates an account on the Platform and provides examples of their online content.

If we approve you as a Storyteller, we may engage you to perform Storyteller Services by sending a request through the Platform. The request is an offer from us to the Storyteller to book the Storyteller’s services as agreed between the parties on the Platform (Collaboration Request). As a Storyteller, you must do your due diligence on any adventure experience we propose to you and only accept the Collaboration Request if you are comfortable with the Adventure Services and the Host. You must also accept any terms and conditions the Host requires you to accept to participate in the Adventure Services.

If the Storyteller accepts the Collaboration Request through the Platform, a legally binding agreement is formed between the Storyteller and us.

By accepting a Collaboration Request, the Storyteller confirms that they are legally entitled to and capable of supplying the Storyteller Services agreed between the parties and described in the Collaboration Request.

Each accepted Collaboration Request is subject to, and will be governed by, these Terms and any other conditions agreed to by the parties in writing. To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms and conditions contained in these Terms and any accepted Collaboration Request, the terms and conditions of this Agreement will prevail.

Communication

We may contact you via off-Platform communication channels, such as text message, phone call or email.

Users can communicate privately using our private messaging service. Users must not communicate outside of the Platform until a Booking has been made. Users must not use the contact details to organise the provision of the services off the Platform or to contact the Host after the Booking has been completed.

Accounts

You must register on the Platform and create an account (Account) to access the Platform’s features.

You may only have 1 Account on the Platform which you can use as a Host, Customer and Storyteller.

You must provide basic information when registering for an Account including, your legal entity name, business name, ABN and GST status (if applicable), contact name and email address and you must choose a password.

You may also register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including an application process to be a Storyteller, the quality of your Listing, cancellation history, quality of the services and threshold of reviews.

Payment

It is free to register an Account on the Platform, for Hosts to create Listings, for Storytellers to discuss collaborations with us and for other users to review content on the Platform, including Listings and stories.

In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, includes the payment processing fee and will be included in the Booking Fee (as defined below), as applicable.

Listings

As a Customer, you agree to pay the relevant fees set out in the Listing (Booking Fee) when a Booking Request is accepted. Payment will be processed within 24 hours of the Host accepting the Booking Request, or, if the Booking is more than 90 days away at the time of acceptance of a Booking Request, payment will not be processed until 90 days before the Booking.

Upon receipt of the Booking Fee from the Customer, we will hold the Booking Fee on behalf of the Host until such time as they are paid to the Host, refunded to the Customer (if the Customer is entitled to a refund in accordance with these Terms) or paid to us as our Service Fee. Within 24 hours of a completed Booking, we will pay the Booking Fee on behalf of the Customer to the Host after deduction of our Service Fee.

If you are a Host, you appoint us as your limited payment collection agent solely for the purpose of accepting the Booking Fee from the relevant Customer. You agree that we will not be required to pay you any amount until we have received the Booking Fee from the relevant Customer, that we will deduct our Service Fee from any Booking Fee we receive and that we may grant refunds to a Customer in accordance with these Terms.

As a Customer, if any Overstay Fees become due and payable, you authorise us to charge you to collect the Overstay Fees within 72 hours after checkout.

Stories

As a Storyteller, subject to you performing the Storyteller Services in accordance with the payment terms agreed between the parties and you providing us with a complying invoice, we agree to pay you the fees (if any) agreed between the Parties. If we (acting reasonably) assess that the Storyteller Services the subject of an invoice, or the relevant invoice, have not been provided in accordance with these Terms, and we notify you in writing of our concerns, the relevant invoice will not fall due and payable until those concerns are resolved, or as otherwise agreed between the parties. Any payment made by us in respect of any invoice is made on account and is not taken to constitute any approval of the Storyteller Services provided.

As a Storyteller, you may be reimbursed for any reasonable and necessary expenses directly incurred in the course of providing the Storyteller Services, provided that the incurrence of those expenses was pre-agreed by us in writing. You agree to provide us with appropriate invoices, receipts, or other documentation evidencing the need for reimbursement of these expenses.

General

We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

If any payment has not been made in accordance with this clause, we may (at our absolute discretion) (1) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.

Refunds and Cancellations

A Host must select their refund and cancellation policy from the available options set out on the Platform when creating a Listing. You agree to deal with the cancellation, variation or refund of any Adventure Services ordered on this Platform in accordance with the refund policy set out on the Listing.

If a Host cancels a Booking, we will refund the Customer the full Booking Fee paid by them and charge the Host the cancellation fee, as set out on the Platform. As a Host, you acknowledge that the cancellation fee is a genuine pre-estimate of the loss we have incurred as a result of your cancellation.

Users

For disputes between Users, we encourage the parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws.

Reviews

Hosts may review their experience with the Customer on the Platform and Customers may review their experience with the Host on the Platform, including the services (each a Review).

Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a Host if you have had an experience with that Host, which means that (1) you have engaged the Host through the Platform; or (2) you can otherwise document your interaction with the Host in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).

You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) you have been engaged by the Customer through the Platform; or (2) you can otherwise document your interaction with the Customer in relation to the Platform, including via correspondence (collectively referred to as a Host Experience).

You may not write a review about a Host which is a business that you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Host’s business, or work for the Host. Similarly, you may not write a Review about a direct competitor to the Host you own, are employed by or work for.

Your Customer Experience or Host Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Customer Experience or Host Experience. You are not permitted to write a Review about somebody else’s Customer Experience or Host Experience, such as that of a family member or friend.

Storyteller Content

If you are a Storyteller, you will create content as part of the Storytelling Services and we will allow you to post, upload and publish such content on our Platform (Storyteller Content). Unless otherwise indicated, ownership of all Storyteller Content, including Intellectual Property Rights in Storyteller Content will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any Storyteller Content does not automatically vest in us, you, as a Storyteller, agree to do all things necessary or desirable to assure our title to such rights. You agree that we may post, upload and publish Storyteller Content on the Platform and in our marketing materials. We will use reasonable efforts to acknowledge Storytellers when we use, post or publish Storyteller Content you have created.

We grant you, as a Storyteller, a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, to use the Storyteller Content, for the purposes of marketing and promoting the adventure and Riparide Services on the Platform or any other platform (including Instagram or your website). You agree to use reasonable efforts to tag us in any posts or promotional materials where you use the Storyteller Content.

Content

As a Host or Customer, we may allow you to (1) post, upload, publish, send or receive relevant content and information, including stories, itineraries and discovered locations and Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Riparide Content and together with User Content, Content).

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content solely for your personal use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless from and against all Liabilities, howsoever arising, suffered or incurred by us and arising from or in connection with any claim that any Liability we incur as a result of the User Content or Storyteller Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

User Warranties

You represent, warrant and agree that:

  1. you will not use our Platform, including the Storyteller Content or Content, in any way that competes with our business;
  2. there are no legal restrictions preventing you from entering into these Terms
  3. where you are a Customer and are booking services on behalf of additional guests, that you nominate the guests in the Booking Request and that the guests meet the requirements in the Listing;
  4. where you are a Customer and/or Storyteller, you will comply with the Host’s reasonable instructions;
  5. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  6. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  7. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
  8. where you are a Host or Storyteller, you are solely responsible for determining which Booking Requests and/or Collaboration Requests to accept, the type, timing, manner and means, methods or processes of providing your services, the equipment you use and the price you charge for the services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your goods and/or services;
  9. as a Host or Storyteller, you are not entitled to the benefit of any policies of insurance that we may hold and you agree to effect and maintain your own insurance that provider of the same or similar services would customarily be covered for.

Host Warranties

As a Host, you represent, warranty and agree that:

  1. you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Listings;
  2. you are responsible for ensuring Customers or Storytellers sign any recreational services waivers relating to the Adventure Services which would be desirable to limit your Liability when providing Adventure Services;
  3. you are appropriately qualified, and have any required skills, knowledge or training, to provide the Adventure Services;
  4. any photos or videos used in your Listings accurately reflect the quality and condition of your Adventure Services and Riparide reserves the right to require that Listings have a minimum number of photos and videos in a certain format, size and resolution;
  5. you will only list one Adventure Service (such as an accommodation, experience or vehicle) in each Listing;
  6. any Listing you post does not breach any agreements you have entered into with third parties, such as an owner’s incorporation;
  7. any Listing you post informs and educates Customers about the inherent risk of any Adventure Services, any requirements for participation such as an age limit, fitness level, dress code, licences or anything else a Customer may need to know in order to safely participate in the Adventure Services;
  8. the placement and ranking of Listings in search results on the Platform may vary depending on a variety of factors, such as Customer search parameters and preferences, Host requirements, price and calendar availability, number and quality of images, customer service and cancellation history, Reviews, type of service, and/or ease of booking;
  9. all availabilities in Listings on the Platform are up to date; and
  10. you will treat Storytellers as any other Customer.

Storyteller Warranties

As a Storyteller, you represent, warranty and agree that:

  1. you will perform the Storyteller Services within the timeframes and budgets as may be advised by us, from time to time;
  2. you will not commit any act or omission, directly or indirectly, which may bring us (or our Platform or Users) into breach of any law, the subject of any Liability, or into disrepute;
  3. you will comply with the provisions of these Terms and all applicable laws (including all applicable Employment Legislation and Work Health and Safety Legislation);
  4. you will comply with any of our reasonable policies and procedures that we may provide to you, including with respect to workplace health and safety, anti-discrimination and equal employment opportunity;
  5. you are responsible for complying with all laws, rules and regulations which apply to providing the Storyteller Services;
  6. you will provide the Storyteller Services with due care, skill and diligence and in accordance with best industry practice;
  7. you will provide the Storyteller Services in accordance with our reasonable instructions or requirements;
  8. you have full capacity, right, authority and power to enter into these Terms, to perform your obligations under these Terms, and to carry on your business;
  9. you are not aware of any actual or potential conflict of interest in providing the Storyteller Services, and the execution and performance by you of these Terms does not conflict with any law or any other instrument binding on you;
  10. each part of the Storyteller Services will be free of any error, omission or defect, and will be safe, suitable and fit for use and/or purpose;
  11. without limiting any of our other rights or entitlements, you agree to promptly re-perform any part of the Storyteller Services that are not performed or provided to us in accordance with these Terms, or if such part of the Storyteller ervices cannot be re-performed or re-supplied, to refund us any amounts paid by us for them; and
  12. you are our independent contractor, are not our employee, and accordingly, are not entitled to any benefits owing to employees under any applicable Employment legislation, including the Fair Work Act 2009 (Cth), Fair Work Regulations 2009 (Cth), Superannuation Guarantee Charge Act 1992 (Cth) and Superannuation Guarantee (Administration) Act 1992 (Cth) including benefits such as minimum wage, superannuation, workers compensation, leave entitlements or any other employee benefit.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Customer, the Adventure Services provided by a Host may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  1. (a) your or your personnel’s acts or omissions;
  2. as a Host or Storyteller, your performance of the Adventure Services or the Storyteller Services respectively;
  3. as a Host or Storyteller, any property loss or damage, or personal injury or loss, arising from or in connection with your performance of the Adventure Services or Storyteller Services respectively;
  4. as a Customer or Storyteller, any property loss or damage, or personal injury or loss, arising from or in connection with your participation in the Adventure Services;
  5. any use or application of the Riparide Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  6. any aspect of the Customer and Host interaction including the Adventure Services offered by the Host, the description of the Adventures Services requested or offered, any advice provided or the performance of Adventure Services;
  7. any works, services, goods, materials or items which do not form part of the Riparide Services (as expressed in these Terms), or which have not been provided by us;
  8. any third parties or any goods and services provided by third parties, including customers, end users, Hosts, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
  9. the Riparide Services being unavailable, or any delay in us providing the Riparide Services to you, for whatever reason; and/or
  10. any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

  1. we will not be liable for Consequential Loss;
  2. our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
  3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Riparide Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Riparide Services to which the Liability relates, or where there are no Service Fees paid, $1.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

  1. you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
  2. as a User you repeatedly receive reviews below 3 stars;
  3. there is any reason outside our control which has the effect of compromising our ability to provide the Riparide Services; or
  4. you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

  1. are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
  2. are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

  1. we will remove your access to the Platform;
  2. we will immediately cease providing the Riparide Services;
  3. you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
  4. you agree not disparage or otherwise make any unfavourable statements or comments regarding us, the Platform or another User, either directly or by implication, verbally or in writing;
  5. where you are a Customer, we will cancel any existing Bookings and you will lose any Booking Fee and other amounts paid other than where termination is due to our Termination for Convenience. Where you are a Host, we will cancel any existing Bookings and refund the relevant Customers their Booking Fee and charge you the cancellation fee, as set out on our Platform; and
  6. where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Host and Storyteller insurance

As a Host and/or Storyteller, you agree that you and your personnel are not entitled to the benefit of any policies of insurance that we may hold.

As a Host and/or Storyteller, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers or us. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and us, a party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute. If the parties cannot agree how to resolve the Dispute at that initial meeting, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties. Inconsistency: Each transaction is subject to, and will be governed by these Terms and any other conditions agreed to by the Users in writing, including a Listing. To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms and conditions contained in these Terms and any transaction, these Terms will prevail.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Riparide Pty Ltd ABN 16 154 577 456

Email: [email protected]

Last update: 13 September 2019

© LegalVision ILP Pty Ltd