Platform Terms of Use

1. About these Terms

1.1 These Terms apply to your access to and use of the NextCamp website, any related mobile application, and associated services (Platform).

1.2 NextCamp Pty Ltd (ABN 60 696 892 127, ACN 696 892 127) (we, us, our) operates the Platform. You can contact us by email at support@nextcamp.com.au.

1.3 By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1.4 If you list a Site you are also bound by the Host Terms of Service. If you make a Booking you are also bound by the Guest Terms. Where those documents differ from these Terms, clause 20 sets out which prevails.

2. Definitions

In these Terms:

• –ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• –Booking means a confirmed reservation of a Site made through the Platform.
• –Content means all text, images, video, reviews, listings, messages and other material on the Platform.
• –Guest means a user who browses, enquires about, requests or makes a Booking.
• –Host means a campground, property or Site owner or operator listing on the Platform.
• –Listing means a Site made available on the Platform.
• –Site means a campground, pitch, cabin, glamping tent or other accommodation listed on the Platform.
• –You means the person using the Platform.

3. Licence to use the Platform

3.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform in accordance with these Terms.

3.2 You must not:

• –copy, modify, create derivative works from, reverse engineer, or attempt to extract source code from the Platform, except where permitted by law
• –interfere with or disrupt the Platform, including by introducing malware or attempting unauthorised access
• –use the Platform in any unlawful, misleading, harmful or rights infringing way

4. Accounts

4.1 You may need an account to access certain features.

4.2 You are responsible for maintaining the confidentiality of your login details and for all activity under your account.

4.3 You must provide accurate, current information and keep it updated.

4.4 You must be at least 18 years old to hold an account.

5. Marketplace nature of the Platform

5.1 The Platform provides a marketplace enabling Guests to discover and book camping and related experiences offered by Hosts.

5.2 We do not own, operate, manage or control Sites. Hosts are responsible for their Listings, site operations, permits, insurance, compliance and service delivery.

5.3 The contract for a stay is between the Guest and the Host. NextCamp is a booking facilitator and payment collection agent. Clause 3 of the Guest Terms sets this out in full.

6. Bookings, payments and fees

6.1 Booking features may include enquiry only, request to book, or instant booking, depending on the Listing.

6.2 Listing prices, inclusions, rules and availability are set by Hosts.

6.3 We may charge service fees to Guests and commission to Hosts. All applicable fees are clearly disclosed to you before you commit to a Booking, not added at the final checkout step.

6.4 Payments may be processed by third party payment processors. You agree to comply with any applicable processor terms.

6.5 Hosts are responsible for determining and meeting their own tax obligations, including GST where applicable.

7. Cancellations, refunds and disputes

7.1 Each Listing displays the cancellation and refund policy selected by the Host — Flexible, Moderate (the platform default) or Strict — as defined in the Guest Terms, disclosed before booking. The policy shown at the time of booking is locked to that Booking.

7.2 Nothing in these Terms excludes or limits any consumer guarantee or right you have under the ACL that cannot be excluded or limited by law, including your rights under sections 60 to 62 of the ACL.

7.3 We may assist with dispute resolution under the Dispute Resolution Policy. We are not responsible for Host service delivery outcomes except to the extent required by law.

8. User Content

8.1 You may be able to post Content such as reviews, photographs and messages (User Content).

8.2 You must ensure User Content is accurate to the best of your knowledge, not misleading, not defamatory, does not infringe intellectual property or privacy rights, and does not contain unlawful, harmful, abusive, hateful or discriminatory material.

8.3 Licence. The licence you grant NextCamp over User Content is set out in clause 5.2 of the Host Terms of Service if you are a Host, and clause 10 of the Guest Terms if you are a Guest. Those clauses govern in full and this document grants no separate licence.

8.4 Marketing use. NextCamp uses User Content in marketing or promotional material only where you have given explicit consent to that use, captured separately at account creation and withdrawable at any time in your account settings. Withdrawal does not affect material already published.

8.5 We may remove or restrict User Content at any time if we reasonably believe it breaches these Terms or creates risk.

9. Intellectual property

9.1 We and our licensors own all rights in the Platform and our branding, including software, design, trade marks, logos and underlying systems.

9.2 Nothing in these Terms transfers ownership of our intellectual property to you.

10. Third party services and links

10.1 The Platform may contain links to third party websites or services.

10.2 We are not responsible for third party content, products, services or availability.

11. Privacy

11.1 Our collection and handling of personal information is governed by our Privacy Policy.

11.2 You agree that we may collect, use and disclose personal information as described in the Privacy Policy, including disclosure to Hosts to facilitate Bookings and support.

11.3 If you are a Host, you must handle Guest personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and only for fulfilling Bookings. Clause 10 of the Host Terms of Service sets out the full obligation.

12. Acceptable use

12.1 You must not use the Platform to:

• –breach any law or regulation
• –misrepresent your identity or Listing details
• –attempt to bypass fees, payment flows or platform controls
• –scrape, harvest or misuse data
• –harass, threaten or harm others

13. Suspension and termination

13.1 We may suspend or terminate your access to the Platform, including accounts and Listings, if you breach these Terms, we have reasonable grounds to suspect fraud, misuse or a security risk, we are required to do so by law, or it is reasonably necessary to protect the Platform, Hosts, Guests or our legitimate business interests.

13.2 Where you are a Host with an active Listing, we will give not less than 7 days written notice before terminating, except where immediate action is required because of fraud, a safety risk, an insurance lapse, a regulatory order affecting the Site, or a serious breach of these Terms.

13.3 Suspension is not termination. The notice period in clause 13.2 does not apply to a temporary suspension of a Listing under clause 13 of the Host Terms of Service, which exists so that safety and insurance issues can be acted on immediately. We will give reasons as soon as reasonably practicable and reinstate the Listing once the issue is resolved.

13.4 You may stop using the Platform at any time. Obligations that by their nature should survive, including intellectual property, limitations of liability and indemnities, survive termination.

14. Disclaimers

14.1 To the maximum extent permitted by law, the Platform is provided as is and as available. Nothing in this clause limits any right you have under the ACL.

14.2 We do not guarantee that the Platform will be uninterrupted or error free, or that Listings will meet your expectations.

14.3 Hosts are responsible for on site conditions, safety and service delivery.

15. Limitation of liability

15.1 Nothing in these Terms excludes or limits liability that cannot be excluded under the ACL or other applicable law, including our liability for a failure to comply with a consumer guarantee.

15.2 To the maximum extent permitted by law, we are not liable for:

• –loss, other than personal injury, arising from your dealings with Hosts or Guests, including Bookings, cancellations, site conditions, property loss or disputes, except to the extent required by law. For the avoidance of doubt, nothing in this clause limits our liability for personal injury caused by our services as required by section 64 of the ACL
• –indirect or consequential loss, loss of profits, loss of data, or business interruption

15.3 Where we are liable and the ACL applies, our liability for a failure to comply with a consumer guarantee in relation to services is limited to the remedies available under section 64A of the ACL, which may include resupply of the services or payment of the cost of having the services resupplied, as applicable to the circumstances. We do not elect between remedies in a manner inconsistent with the ACL.

15.4 Aggregate cap for Hosts. If you are a Host, and subject to clauses 15.1 and 15.3, our aggregate liability to you for all claims in any 12 month period, however arising, is limited to the total commission we actually received from your Bookings in the 12 months before the first event giving rise to the claim, or AUD $500, whichever is greater. This mirrors clause 12.3 of the Host Terms of Service and applies to Hosts only.

16. Indemnity

16.1 To the extent permitted by law, you indemnify us against any third party claim, loss or damage arising from your breach of these Terms, your unlawful conduct, or your User Content. This indemnity does not apply to any claim arising from our own breach of the ACL or our failure to meet a consumer guarantee. You cannot be required to indemnify us against our own statutory obligations.

16.2 If you are a Host, you also indemnify us for third party claims arising from your Listing, site operations, safety, compliance and service delivery, to the extent permitted by law. Clause 11 of the Host Terms of Service sets out that indemnity in full, including the proportionate reduction for our own negligence, and prevails over this clause.

17. Changes to the Platform or these Terms

17.1 We may change the Platform from time to time, including adding, modifying or removing features.

17.2 We may vary these Terms by giving at least 30 days written notice to your registered email address and on the Platform, setting out the change and its effect.

17.3 If a variation would be materially detrimental to you, you may close your account without penalty by notice before the variation takes effect.

17.4 Bookings confirmed before the effective date continue under the previous version of these Terms.

17.5 Continuing to use the Platform after the effective date is acceptance of the varied Terms.

18. Governing law

18.1 These Terms are governed by the laws of New South Wales, Australia.

18.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales. If you live in another State or Territory, this does not deprive you of the protection of the consumer law of the place where you live.

19. Contact

You can reach NextCamp Pty Ltd through the following channels:

20. Document precedence

(a) The NextCamp platform documents are the Platform Terms of Use, the Host Terms of Service, the Guest Terms, the Guest Code of Conduct, the Dispute Resolution Policy and the Privacy Policy (together, the Platform Documents). This document is the Platform Terms of Use.

(b) If there is any inconsistency between Platform Documents, the following order of precedence applies, with the higher ranked prevailing to the extent of the inconsistency:

1. (i) the Privacy Policy, but only in relation to the collection, use, holding, disclosure and security of personal information;
2. (ii) the Host Terms of Service, in relation to a Host and the operation of a Site;
3. (iii) the Guest Terms, in relation to a Guest and a Booking;
4. (iv) the Guest Code of Conduct, in relation to Guest conduct;
5. (v) the Dispute Resolution Policy, in relation to the process for resolving a dispute, but not in relation to any substantive right, liability or entitlement to money;
6. (vi) the Platform Terms of Use, in relation to all other matters.

(c) Despite paragraph (b), no Platform Document operates to exclude, restrict or modify any right or remedy under the Australian Consumer Law, the Privacy Act 1988 (Cth) or any other law to the extent it cannot lawfully be excluded.

(d) A Platform Document that is silent on a matter is not inconsistent with another Platform Document that deals with that matter.