Host Terms and Conditions

1. Introduction

These Host Terms and Conditions (“Terms”) govern the use of the The 88th Day platform by accommodation providers (“Hosts”). The platform is operated by The 88th Day Pty Ltd (ABN 17 944 507 152) (“we”, “us” or “The 88th Day”) via the website stay.the88thday.com. By registering as a Host or using the Host platform, you agree to comply with these Terms.

The 88th Day provides an online marketplace that connects Hosts offering accommodations with working holiday traveller guests (“Travellers”) for short-term stays. The 88th Day acts as a limited payment collection agent for Hosts to facilitate booking payments via Stripe Connect, as detailed below.

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

PLEASE READ THESE TERMS CAREFULLY. They set out your rights and obligations as a Host on our Platform. If you do not agree to any part of these Terms, you must not use the Platform as a Host.

2. Host Eligibility and Account Registration

Minimum Age and Authority: You must be at least 18 years old to register as a Host. By using the Platform, you represent that you are 18 or older and legally capable of entering binding contracts. If you list a property on behalf of a company or another person, you warrant you have authority to bind that entity to these Terms.

Ownership or Permission: You may only list accommodations that you own or are legally permitted to offer for short-term stays. You must have all necessary rights, licenses, and permissions (from landlords, condominium associations, etc.) to host Travellers in the property.

Account Registration: To use Host features, you must create a Host account. You must provide accurate, current, and complete information during registration and keep your account information updated. All personal information will be handled according to our Privacy Policy (see Section 11 below). You are responsible for maintaining the confidentiality of your account login and for all activities under your account.

Verification: We may require identity verification and other vetting before allowing you to list accommodations or at any later time. This may include providing government-issued identification, proof of ownership or authority, bank account details, and other documentation. If you do not promptly provide information we reasonably request, or if we cannot verify your identity or deem you not a fit and proper person to host, we may refuse or terminate your account at our sole discretion. Account verification is for our internal purposes only and we do not guarantee or certify the identity or legitimacy of any user.

3. The 88th Day’s Role

The 88th Day is an online introductory platform that enables Hosts and Travellers to find and transact with each other. Our role is limited to facilitating the Platform’s availability and payment processing. We are not a party to the rental agreement between you and any Traveller. Hosts and Travellers enter into rental agreements solely with each other.

You understand and agree that The 88th Day is not an insurer, real estate agent, or hotel operator with respect to your property, and does not provide insurance or warranties for your listings. We do not provide insurance to Hosts or Travellers; Hosts are responsible for obtaining any insurance they deem necessary for their accommodations. While we do not require Hosts to have insurance, you are responsible for obtaining appropriate insurance coverage for your hosting activities at your discretion.

Limitation of Platform Duties: Because we are not a party to rental transactions, we have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any property, (ii) the truth or accuracy of any listing descriptions or Host provided content, or (iii) the performance or conduct of any Host or Traveller. We accept no liability for any aspect of the Host-Traveller interactions, including the accommodation’s condition, description, or a Host’s or Traveller’s behavior. The 88th Day is not responsible for and disclaims all liability for any direct agreement or dealings between Hosts and Travellers, except as expressly stated in these Terms. Hosts acknowledge that Travellers, not The 88th Day, are solely responsible for honoring booking agreements for stays, and vice versa.

4. Host Obligations and Listing Standards

When listing accommodations and hosting Travellers, you agree to meet the following obligations and standards:

• Accurate Listings: You must provide complete, truthful, and up-to-date information about your accommodation in your listing. This includes the property type, location, features, availability, house rules, price (including any additional fees), and any requirements or conditions for booking. You are responsible for keeping your listing information (including calendar availability and photos) accurate at all times. Do not post any false, misleading, or fraudulent information.
• Quality and Safety: Your accommodation must be safe, clean, and fit for habitation as described. You must ensure it complies with all health and safety regulations and standards applicable (e.g. fire safety, pool fencing laws, etc.). All amenities offered should be functional as advertised. If your listing includes specific amenities or services, you must provide them as promised.
• Legal Compliance: Know and follow all laws and regulations that apply to your hosting activities. This includes (but is not limited to) local zoning or short-term rental laws, permit or registration requirements, building and fire codes, landlord or strata (body corporate) rules, tenancy and eviction laws for longer stays, and tax obligations. For example, some jurisdictions require Hosts to register or obtain a license for short-term rentals or limit the number of days you can host. You are solely responsible for identifying and obtaining any required licenses, permits, or registrations for the accommodations you offer, and for complying with any other legal requirements. The 88th Day does not provide legal advice regarding your obligations. If you have questions, you should seek your own legal advice.
• No Circumvention: You must use the Platform to manage bookings and payments for reservations made through The 88th Day. You agree not to intentionally circumvent the Platform by directing Travellers to pay or book outside of The 88th Day for reservations initially facilitated on the Platform. Doing so may result in account termination.
• Non-Discrimination: You must comply with applicable anti-discrimination laws. You agree not to refuse bookings or otherwise discriminate against any Traveller on the basis of race, ethnicity, color, religion, sex, national origin, disability, sexual orientation, gender identity, age, or any other characteristic protected by law. Your listing and interaction with Travellers should be welcoming and inclusive.
• Prohibited Content and Activities: You will not post any content or engage in any conduct that is illegal, fraudulent, defamatory, obscene, harassing, or otherwise harmful or objectionable. This includes refraining from: using the Platform to commit a crime or violate any law; infringing others’ rights or intellectual property; posting personal information of someone else without consent; or using the Platform to send unsolicited commercial messages. You may not offer for booking any property that you do not intend to honor, or that cannot be provided as described. We reserve the right to remove or modify any listing that violates these standards or our policies.
• Guest Relations: You are responsible for your own conduct and the condition of your property when hosting. You must not interfere with a Traveller’s stay in a manner that is unlawful or violates the terms you presented at booking. Treat Travellers with respect and comply with the agreed check-in/check-out times and other arrangements. If any issues arise, you should make a good faith effort to resolve them with the Traveller (and contact us for help if needed, as described under Section 12 below).

5. Fees, Commission and Payouts

Host Service Fee: The 88th Day charges Hosts a commission fee for each completed booking. The standard Host commission is 3% of the booking subtotal (the accommodation rate plus any host-charged fees, excluding Stripe payment processing fees). This Host service fee is automatically deducted from your payout for the booking. The commission helps cover the costs of operating the Platform (including secure payment processing via Stripe, customer support, etc.). We do not charge a listing fee or subscription fee to Hosts, only this commission on bookings.

Stripe Fees: Payment processing is handled by Stripe. Stripe will deduct its standard payment processing fees from the amounts collected from Travellers. The 88th Day’s 3% commission is calculated on the booking amount after Stripe’s fees have been applied (“post-Stripe”). In practice, this means your payout will be the booking amount minus Stripe’s processing fee and minus The 88th Day’s 3% commission. For example, if a Traveller pays $100 for a booking, and Stripe’s fee is $2, The 88th Day’s commission would be 3% of $98 (i.e. $2.94), and your net payout would be approximately $95.06 (excluding any applicable taxes). These figures are illustrative; Stripe’s fees vary and tax may apply as described below.

Payouts: Hosts must set up and maintain a valid payout method via Stripe Connect (such as a bank account) to receive funds. The 88th Day utilizes Stripe Connect to distribute payouts to Hosts after a booking is completed. By accepting these Terms and receiving payouts, you agree to the Stripe Connected Account Agreement which governs your use of Stripe’s services. You authorize The 88th Day to share your necessary information with Stripe to set up and support payouts (including your name, contact information, bank details, and tax identification if required). Payouts will typically be released to your designated account after the Traveller’s check-in (or as per our payout schedule), subject to any hold for security or fraud prevention. The timing of funds reaching your account may vary depending on banking processes. We are not responsible for banking delays or any actions by Stripe in withholding funds due to suspected fraud or compliance reasons.

Taxes: All fees and payouts are calculated excluding any applicable taxes (such as Goods and Services Tax “GST”). If The 88th Day is required to collect GST or other taxes on the Host commission or other charges, we will add the tax amount to the fee or deduct it as required by law. Hosts are responsible for determining and fulfilling any tax obligations (income tax, GST, local taxes, etc.) arising from hosting and for remitting such taxes to the appropriate authorities. The 88th Day does not withhold income taxes from payouts; you must report and pay any taxes due on your earnings. If we are required by law to provide information to tax authorities or to withhold taxes from your payouts, you agree to cooperate with us and provide necessary documentation. We may collect your GST registration status or ABN (if applicable) during registration for tax purposes.

6. Payment Processing and Limited Payment Agent

All booking transactions between Travellers and Hosts are facilitated through The 88th Day’s payment system, which is powered by Stripe Connect. Direct cash transactions outside the Platform are not permitted for bookings made through our Platform.

By using our Platform as a Host, you appoint The 88th Day as your limited payment collection agent solely for the purpose of accepting and processing payments from Travellers on your behalf. You agree that payment made by a Traveller to The 88th Day (via Stripe) shall be considered the same as a payment made directly to you as the Host. This means once a Traveller’s payment for a booking is received by us (your authorized agent), the Traveller’s obligation to pay you is satisfied, and you are obligated to provide the accommodation as agreed, just as if you had received the payment directly. We will then remit the due payout to you after deducting our fees, as described above.

Each Host acknowledges that The 88th Day’s obligation to pay the Host is subject to and conditional upon successful receipt of payments from Travellers – we do not guarantee payouts to Hosts for amounts not actually received from Travellers. We assume no liability for any acts or omissions of Hosts in relation to bookings, even though we act as a limited agent for collecting payments.

In the event a Traveller’s payment is charged back, reversed, or not received by us for any reason, you agree that we may cancel the booking and that you will not hold The 88th Day liable for the unpaid amount. We may refund Travellers in accordance with these Terms or our policies, which may reduce the amount you ultimately receive. We reserve the right to set-off any amounts you owe to The 88th Day (such as refund obligations or damage claims) against future payouts.

7. Booking Confirmations and Cancellations

When a Traveller submits a booking request for your accommodation, you may be required to manually accept the request unless you use an instant booking feature. Once you confirm a booking (or it is automatically confirmed), a binding agreement is formed between you and the Traveller. The Traveller will be charged at booking confirmation, and you are expected to fulfill the reservation.

Host Cancellations: If you, as the Host, need to cancel a confirmed booking, you must notify the Traveller and The 88th Day immediately through the Platform, and you should provide a reason. Cancelling a booking is highly discouraged as it disrupts Travellers’ plans. If you cancel without extenuating circumstances, the Traveller will receive a full refund, and you will not receive any payout for that booking. We reserve the right to impose penalties for Host-initiated cancellations, such as publishing an automated review indicating a cancellation, applying cancellation fees, or suspending or terminating your Host account for repeated cancellations. These penalties (if any) will be communicated in our Host policies. If you cancel due to unforeseen serious circumstances (e.g. sudden property damage or emergency), please contact us; we may waive penalties at our discretion in such cases.

Traveller Cancellations: You are allowed to set a cancellation policy for Travellers (for example, flexible, moderate, strict, etc.). You must clearly indicate your cancellation and refund terms in your listing (or select one of our standard policy options) so Travellers are aware before booking. In the event a Traveller cancels a booking, the payout you receive will depend on your stated cancellation policy and the timing of the cancellation. For example, under a flexible policy a Traveller may get a full refund if they cancel well in advance, meaning you receive no payout; under a stricter policy you might receive a portion (or all) of the payout if the cancellation is close to check-in. We will honor the terms of your cancellation policy when processing Traveller refund requests. However, all refunds to Travellers will be handled by The 88th Day through Stripe, and we will accordingly adjust your payout. You authorize us as your payment agent to issue refunds to Travellers per your policy.

Platform Cancellations: Notwithstanding the above, The 88th Day reserves the right to cancel a booking and refund the Traveller in full at our discretion in certain circumstances. This may include instances where we believe in good faith that: (i) a Host or Traveller has engaged in fraud or misconduct, (ii) the accommodation is not as described or poses safety concerns, (iii) a clear mistake was made in the booking price or details, (iv) a major event or force majeure prevents the stay, or (v) other situations where we determine a cancellation is warranted to maintain the integrity of the Platform or to prevent harm. In such cases, we will notify you and the Traveller, and if you have already received payout for that booking, you agree to reimburse it (we may deduct it from your account balance or future payouts). Additionally, if a Traveller contacts us with a serious complaint (e.g. the accommodation is inaccessible, unsafe, or significantly misrepresented), we may in our discretion cancel the reservation and issue a refund to the Traveller. Any cancellations or refunds will be processed in accordance with these Terms and our policies. Hosts should implement fair cancellation terms and strive to avoid cancellations to maintain trust and good standing on the Platform.

8. Security Deposits

No Platform-Collected Deposits: The 88th Day does not currently support the handling of security deposits through our Platform, and we do not hold or collect damage deposits on your behalf.

If you wish to require a security deposit for potential damages or incidentals, any such deposit must be arranged directly between you and the Traveller off-platform (outside of the The 88th Day payment system). For example, you might arrange a cash deposit on check-in or a bank imprint, but such arrangements are solely between you and the Traveller. The 88th Day bears no responsibility or liability for any security deposit agreement, collection, refund, or dispute.

We strongly encourage any off-platform deposit agreement to be documented in writing between you and the Traveller. Because we do not handle deposits, any claim for damages or additional fees after check-in must be resolved between you and the Traveller, or through whatever insurance or legal means you choose. The 88th Day will not mediate or adjudicate deposit disputes, though you may seek our help in contacting the Traveller if needed. Hosts are advised to consider including the requirement and terms of any deposit in the listing description or house rules (so Travellers are aware before booking), and to issue receipts for any deposit taken.

9. Traveller Interactions and Conduct

As a Host, you are expected to provide a good experience to Travellers. This includes: welcoming them at check-in (or providing clear self check-in instructions), providing the accommodation in clean and operable condition as advertised, and being available for reasonable support during the stay (or delegating a contact person). You should communicate promptly and courteously with Travellers, whether to answer pre-booking inquiries, coordinate arrival, or resolve issues.

If a Traveller violates your house rules or otherwise misuses your property, you should report this to The 88th Day and, if necessary, to the authorities. However, you must not engage in discriminatory, aggressive, or harassing behavior toward Travellers. In case of serious problems (e.g. property damage, illegal activity by the Traveller), notify us and we will assist according to our dispute resolution process.

Reviews: After each stay, Hosts and Travellers will have the opportunity to review each other. Reviews should be factual and fair. We do not generally monitor or censor reviews, but if you believe a Traveller review violates our policies (for example, contains hate speech or blatantly false allegations), you can flag it to us for review. We reserve the right to remove reviews that violate our guidelines. Similarly, Travellers can review their stay; maintaining positive reviews by providing good service will improve your reputation on the Platform.

10. Intellectual Property and Content License

Host Content: As a Host, you may provide content such as text descriptions, photographs, images, videos, and other information related to your listings (“Host Content”). You retain ownership of your Host Content. However, you grant The 88th Day a license to use your content for the purpose of operating, promoting, and improving the Platform. Specifically, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable license to host, reproduce, modify (for technical formatting or for clarity), distribute, publish, and display your Host Content (including your listing information, images, and any trademarks or logos you include) in connection with providing the Platform services and marketing the Platform. This license survives termination of these Terms solely to the extent needed for us to archive or fulfill any legal obligations with respect to content. We will never claim ownership of your content, but you permit us to use it as needed to run our services. For example, we might display your listing photos on our website to potential Travellers, use parts of your descriptions in promotional emails, or share your listing on social media for marketing. You also agree that we may place text or graphic overlays on your images (such as a watermark or logo) to prevent unauthorized reuse by third parties. You represent and warrant that you have all necessary rights to the Host Content you provide and that our use of your content will not infringe or violate the rights of any third party. If you use any copyrighted materials (like photographs taken by someone else) or include any trademarks in your listing, you must have permission to use them and to grant us the above license.

Platform Content: The Platform (including the website, mobile app, branding, text, graphics, and overall design) is owned by The 88th Day or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Platform for the purpose of hosting and managing your listings. You may not copy, modify, distribute, or create derivative works from our proprietary content without our prior written consent. You may not use The 88th Day trademarks, logos, or branding without authorization. If you provide feedback or suggestions to us about how to improve our Platform, we may use and implement that feedback without obligation to you.

11. Privacy and Data Sharing

You agree that our Host Privacy Policy governs The 88th Day’s collection, use, and sharing of your personal information. In particular, to facilitate bookings and payments, you agree that The 88th Day may share certain personal information about you with Travellers (such as your first name, host profile, listing details, and after a booking is confirmed, your contact information and property address as needed for check-in) and with third-party service providers like Stripe (for payment processing). We will only share your data in accordance with our Privacy Policy and applicable law.

We take privacy seriously and implement measures to protect your information. By using the Platform, you also consent to receive transactional and account-related communications from us. This includes booking requests, confirmation messages, payout notifications, and updates about changes to these Terms or other policies. We may also send you marketing communications, but you can opt out of those separately.

If you separately obtain any personal information from a Traveller (e.g., through communications or during the stay), you agree to handle that information in accordance with applicable privacy laws and only for the purposes of the booking. For example, if a Traveller provides you with their phone number or email, you should not use that to send unsolicited messages unrelated to the booking, and you must protect that information from unauthorized use. Australian privacy law (and possibly EU GDPR if the Traveller is from abroad) may apply to your handling of Traveller data. See our Host Privacy Policy and Host Privacy Standards for guidance.

12. Dispute Resolution Between Host and Traveller

Resolving Issues: In the event of a dispute or issue with a booking or a Traveller (for example, a disagreement over a cancellation, alleged property damage, or dissatisfaction with accommodation), we encourage Hosts and Travellers to communicate and attempt in good faith to resolve the issue directly. Most misunderstandings can be resolved with open communication. Use the Platform’s messaging system to keep a record of communications. If you reach an agreement with the Traveller (such as a partial refund or a charge for damages), let us know so we can facilitate any payment adjustments through our system rather than handling money off-platform.

Escalating to The 88th Day: If you cannot resolve the issue amicably, either party can escalate the dispute to The 88th Day’s support team. You can do this by contacting us through the “Contact Us” link or our support email, providing the booking details and the nature of the dispute. We may ask for documentation or evidence (for example, photos of any damage, communications, receipts, etc.). The 88th Day will then review the information provided by both sides and, in our discretion, propose a resolution. You understand that The 88th Day is not an arbitrator or law court, but we may act as a neutral facilitator to help resolve the issue. In some cases, our policies may dictate a specific outcome (for example, if a Host cancels last-minute, our policy might require a full refund to the Traveller). We will endeavor to be fair and to follow our policies and these Terms when resolving disputes.

Binding Decision: If both Host and Traveller agree to let The 88th Day mediate and make a final decision (for instance, regarding a refund or a damage reimbursement), you agree that our decision will be binding and final. In such case, you authorize The 88th Day to charge or withhold payments as necessary to enforce the resolution (for example, charging a Traveller’s card for agreed damage fees, or deducting an agreed refund from the Host’s upcoming payout). If either party is dissatisfied with our proposed resolution, they are free to pursue legal remedies outside the Platform, but we strongly encourage accepting reasonable solutions to avoid the cost and hassle of litigation.

Chargebacks and Reversals: Note that if a Traveller initiates a credit card chargeback or payment dispute for a booking, the resolution of that process is ultimately determined by the payment processor and card issuer. We will communicate with the Host and provide evidence to contest any unwarranted chargebacks. Hosts are expected to cooperate by providing any information that may help in such cases (e.g., proof that the Traveller stayed and was satisfied). However, if a chargeback is decided in the Traveller’s favor, we may be obligated to refund them and revoke your payout for that booking, even if you disagree with the decision. We will use commercially reasonable efforts to fight illegitimate chargebacks on your behalf.

13. Termination and Account Suspension

By Host: You may stop using the Platform at any time by deactivating your Host account or contacting us to request account termination. If you cancel your account, any pending or confirmed bookings must be honored or properly cancelled; you may not evade obligations for existing bookings by terminating your account. These Terms will continue to apply to those bookings until completed or cancelled. Certain provisions of these Terms (such as indemnification, limitation of liability, and licenses of content already provided) will survive termination of your account.

By The 88th Day: We may, at our sole discretion, suspend or terminate your Host account or terminate this agreement at any time with or without notice, for any reason. This includes, without limitation, if: (i) you materially breach these Terms or any other policy, (ii) you violate any applicable laws or rights of third parties, (iii) you continually receive poor reviews or engage in misconduct, (iv) we suspect fraud or security issues, or (v) your listings no longer meet our quality or eligibility standards. In some cases we may give you a chance to cure a minor breach (if curable) before termination, but we are not obligated to do so. If we suspend or terminate your account, we may cancel any upcoming bookings. In case of termination due to your breach or misconduct, Travellers with affected bookings will receive a full refund (even if they were past the normal cancellation period) and you will not be entitled to any compensation for those cancellations. If we terminate without cause (for instance, shutting down the platform or removing you in good standing), we may choose to honor existing bookings; if not, we might provide reasonable compensation or assistance to Hosts in certain cases, but this is at our discretion. After termination, you must cease using the Platform as a Host. You will remain liable for any obligations incurred prior to termination. We also reserve the right to pursue any legal remedies for wrongful conduct. The 88th Day is not liable to you for any costs, losses, or damages arising from our termination of your account in accordance with these Terms.

14. Disclaimers and Limitations of Liability

Services “As-Is”: The 88th Day provides the Platform and related services on an “as is” and “as available” basis. While we aim for a high-quality service, we do not guarantee that the Platform will be uninterrupted, error-free, or meet your expectations at all times. Technical issues or updates may temporarily interfere with service. We will try to provide support, but we make no warranty that any technical issues will be corrected promptly.

No Warranty: To the maximum extent permitted by law, we expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, we make no representations or warranties about the accuracy of listings, the ability of Travellers to pay, the safety or conduct of Travellers, or any other aspect of the arrangements between Travellers and Hosts outside of what is expressly stated in these Terms. Hosts assume all risk in offering accommodations to Travellers. We do not guarantee any minimum number of bookings or any financial results to you from using the Platform.

Host’s Risk: You acknowledge that hosting carries inherent risks. This may include property damage, theft, or injury to you, your property, or third parties. The 88th Day is not responsible for any such injuries, losses, or damages. We strongly encourage Hosts to secure appropriate insurance for their accommodations and to review what their homeowner’s or landlord’s insurance covers. The 88th Day’s lack of requirement for insurance does not imply that you are protected from liabilities. Except where expressly stated, The 88th Day does not provide protection, and any insurance or protection for Hosts must be obtained by you at your discretion.

Liability Limitation: To the fullest extent permitted by law, The 88th Day (including our officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, or any loss of profits, revenue, data, goodwill, or reputation, arising out of or in connection with your use of the Platform or hosting of Travellers. We shall not be liable for any damage to your property or personal injury related to a Traveller’s stay, except to the extent required by Australian Consumer Law or other non-excludable law. Our total aggregate liability to you for any claims arising out of or relating to these Terms or the use of the Platform shall not exceed the total amount of commission fees actually retained by The 88th Day from your bookings in the six (6) months prior to the event giving rise to the liability, or AUD $100 if no such fees have been retained. This limitation applies regardless of the legal theory of liability (contract, tort, negligence, etc.), and even if we have been advised of the possibility of such damages.

Australian Consumer Law: Nothing in these Terms is intended to exclude, restrict, or modify rights which you may have under any law (including the Competition and Consumer Act 2010 (Cth) and equivalent state fair trading laws) which may not be excluded, restricted or modified by agreement (“Non-Excludable Rights”). If any Non-Excludable Rights apply, our liability to you for breach of such Non-Excludable Right is limited (at our option) to resupply of the services or payment of the cost of resupplying the services. You acknowledge that, given The 88th Day’s role as an intermediary, any liability we do have for losses you suffer is likely to be limited in scope and amount. This allocation of risk is an essential basis of the bargain between us.

15. Indemnification

You agree to indemnify and hold harmless The 88th Day Pty Ltd, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms or of any laws or regulations; (b) your improper use of the Platform or Stripe payment services; (c) your interaction with any Traveller, including any injury, loss, or damage of any kind arising in connection with a stay at your accommodation; (d) your breach of any agreements you have with any third party (such as lease or strata agreements) or any rights of a third party (including intellectual property rights or privacy rights); or (e) any content you provide or make available through the Platform. This indemnification obligation will survive termination of your Host account or these Terms. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

16. General Provisions

Entire Agreement: These Terms, together with the Host Privacy Policy and any additional policies or guidelines referenced herein, constitute the entire agreement between The 88th Day and you regarding your use of the Host Platform, and supersede any prior oral or written understandings. Any other documents (like emails or other communications) are for information only and are not contractual unless expressly incorporated.

Amendments: We may update or modify these Terms from time to time. We will notify you of material changes (for example, via email or via a notification on your dashboard). The updated Terms will be effective on the date of posting or such later date as specified. If you do not agree to the revised Terms, you must stop hosting and may terminate your account. By continuing to use the Platform after the new Terms take effect, you indicate your acceptance of the changes. If you do not agree, you may terminate as set out above. We encourage you to review the Terms periodically.

No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.

Severability: If any provision of these Terms is held to be invalid, void, or unenforceable by a court of competent jurisdiction or under law, that provision shall be struck out or limited to the minimum extent necessary, and the remaining provisions shall remain in full effect.

Relationship: Nothing in these Terms shall be deemed to create a partnership, joint venture, employment, or agency relationship (except the limited payment agent relationship expressly stated) between you and The 88th Day. You act exclusively as an independent party. You cannot make any commitments on our behalf.

Assignment: You may not assign or transfer these Terms (in whole or in part) to any other party without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.

Notices: Except as explicitly stated otherwise, any notices to The 88th Day shall be given by email to our support email address or via the contact information provided on our website. Any notices to you shall be given to the email address you provided during registration or via the Platform notification system. Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified that the address is invalid or the message was not delivered.

Governing Law and Jurisdiction: These Terms and your use of the Platform are governed by the laws of South Australia, Australia. You agree that any dispute or claim arising out of or in connection with these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of South Australia. You irrevocably submit to the jurisdiction of those courts for the purpose of resolving any such dispute, and waive any objection based on inconvenient forum or any other jurisdictional grounds. If you are an Australian consumer or small business, you may have the right to bring a dispute in your home state’s tribunal (e.g., small claims court or equivalent) if applicable law mandates a different venue for certain claims; otherwise, this jurisdiction clause applies.

Contact Information: If you have any questions or concerns about these Host Terms and Conditions, you can contact us at support@the88thday.com (or such other contact method as provided on our Platform). We value our Hosts and will do our best to address your inquiries.

By using The 88th Day as a Host, you acknowledge that you have read, understood, and agree to these Terms. We thank you for being a part of The 88th Day community and for providing great accommodation experiences to Travellers.