Terms of Service

These Terms of Service (the Terms) govern your use of the website at huntingpropertiesaustralia.com.au and the services available through it (together, the Platform). The Platform is operated by Townsend Investment Group Pty Ltd, ABN 42 649 952 983, trading as Hunting Properties Australia (we, us, our), from Queensland, Australia. By creating an account, listing a property or making a booking, you agree to these Terms.

1. What the Platform is (and is not)

1.1 The Platform is an online marketplace that connects owners and occupiers of rural land (Hosts) with people seeking booked access to that land for lawful recreational hunting and associated accommodation (Guests).

1.2 We provide the marketplace only. We are not a party to the arrangement between a Host and a Guest, we do not own, control, inspect or manage any listed property, we are not a real estate agent, travel agent, insurer or outfitter, and we do not supervise any hunting activity. The contract for each stay is formed directly between the Host and the Guest when a booking is confirmed.

1.3 We collect and review certain compliance documents from Guests (see clause 4.4), but we do not independently verify their authenticity or currency with any regulator, and we do not verify the accuracy of listings or the legal entitlement of Hosts beyond the checks described in these Terms. Each party remains responsible for their own compliance and due diligence.

2. Accounts

2.1 You must be at least 18 years old and able to form a binding contract to hold an account. Information you provide must be accurate, current and complete, and you must keep it up to date.

2.2 You are responsible for all activity under your account and for keeping your password secure. Notify us immediately of any unauthorised use.

2.3 We may refuse, suspend or cancel any account, listing or booking where we reasonably believe these Terms have been or may be breached, where required by law, or to protect the safety or integrity of the Platform. Where practicable we will give notice and a reason.

3. Host obligations

3.1 By publishing a listing, you represent and warrant that:

• you are the owner or lawful occupier of the property, or hold the authority of the owner, and are entitled to grant access for recreational hunting and any accommodation offered;
• your listing (including boundaries, game species, accommodation, facilities and price) is accurate and not misleading;
• you have disclosed material hazards known to you (for example water hazards, machinery, unsafe structures, aerial operations or baiting programs) in the listing or before check-in;
• granting the access offered does not breach any law, lease, mortgage, insurance policy, biosecurity order or agreement that binds you; and
• you hold, or will obtain, any insurance appropriate to hosting paying visitors on your land. We strongly recommend public liability cover that expressly extends to recreational hunting.

3.2 You must honour confirmed bookings except where cancellation is permitted under the Cancellation Policy or required for safety or legal reasons.

3.3 You set your own price, rules and calendar. Your property rules form part of your contract with each Guest.

3A. Experience operators

3A.1 The Platform also lists bookable experiences: guided hunts, workshops, courses, tours and equipment hire (Experiences), offered by their operators (Operators). For every Experience, the Operator is the supplier of the service to the people who book it. We provide the marketplace only: we do not conduct, supervise or attend Experiences, an Operator is not our employee, agent or partner, and we are not a party to the arrangement between an Operator and a participant for the conduct of an Experience.

3A.2 Before creating or publishing an Experience, an Operator must sign the Experience Operator Agreement, under which the Operator warrants, among other things, that they own, lawfully occupy or hold current permission over the land every session runs on (extending to paid, commercial activity of that kind), that they hold every licence, permit and accreditation the activity requires, that they maintain public liability insurance of at least $10 million per occurrence covering the commercial conduct of their Experiences, that they conduct Experiences at their own risk, and that they release and indemnify the Platform on the terms set out in that agreement.

3A.3 Everyone who books an Experience signs the Hunter Release before payment, in favour of both the Operator and the Platform, and clauses 7 and 8 of these Terms apply to Experiences in the same way they apply to property bookings. Nothing in these Terms or the Experience Operator Agreement excludes, restricts or modifies any right a participant has against an Operator, or an Operator has against us, under the Australian Consumer Law that cannot lawfully be excluded.

4. Guest obligations

4.1 By making a booking, you agree that you will:

• hold and carry a current firearms licence for any firearm you possess or use, issued under the law of your state or territory (in Queensland, under the Weapons Act 1990 (Qld)), together with any permit required to possess or transport firearms in the state where the property is located;
• hold any game or hunting licence, tag, permit or test that the state where the property is located requires for your quarry (for example a Victorian Game Licence, Tasmanian deer licence and tags, or a South Australian duck permit and Waterfowl Identification Test);
• hold current SSAA or AHO membership, and provide us with your firearms licence, proof of that membership and any game licence required for the property's state before you pay for a booking, as described in clause 4.4;
• comply with all applicable laws, including firearms, animal welfare, biosecurity and trespass laws, and with the Host's property rules and directions;
• hunt only within the boundaries identified by the Host, only the species agreed, and only during your booked dates;
• handle firearms safely at all times, identify your target and beyond before firing, and take all reasonable care for your own safety and the safety of others; and
• leave the property as you found it, including gates, tracks, stock and infrastructure.

4.2 Your booking confirmation constitutes the Host's written permission to enter the property for the booked dates and purpose. It does not replace any licence, tag or permit required by law.

4.3 Unless a listing states otherwise, bookings are exclusive to your group, and only the number of guests stated in the booking may attend.

4.4 Compliance documents. Before you can pay for a booking you must upload to your account the documents these Terms require for that booking: a current firearms licence (unless you have declared that you hunt with a bow only), proof of current SSAA or AHO membership, and, where the property's state requires one for the species offered, the relevant game licence for that state. You warrant that every document you upload is genuine, current and yours, and that you remain entitled to hunt. We may review, accept, reject or require replacement of any document, and we may decline, hold or reverse a booking where a required document is missing, expired, rejected or reasonably suspected to be false. Our collection or review of a document is an administrative check only: it does not verify your legal compliance and it does not transfer to us any responsibility for your licensing, which remains yours. Uploading a document that is not genuinely yours, or that you are not entitled to rely on, is a serious breach of these Terms. We handle these documents in accordance with our Privacy Policy.

5. Bookings, payments and fees

5.1 Prices are displayed and charged in Australian dollars and include GST where applicable. The total shown at checkout (nightly rate multiplied by nights, plus any cleaning fee) is the amount the Guest pays.

5.2 We charge Hosts a platform service fee of 15% of each booking total (the Platform Fee). The Platform Fee is deducted from the amount paid to the Host. Guests are not charged a separate booking fee.

5.3 Payments are processed by our payment provider, Stripe. Host payouts are made to the Host's nominated account through Stripe Connect. We do not store card numbers. Stripe's own terms apply to payment processing.

5.4 A booking is confirmed when payment is completed. Until then, selected dates are held only briefly and may become unavailable.

6. Cancellations and refunds

6.1 Cancellations and refunds are handled under the Cancellation Policy, which forms part of these Terms.

6.2 Nothing in that policy limits any right you have to a refund or other remedy under the Australian Consumer Law.

7. Risk warning and acknowledgment

7.1 Warning: recreational hunting involves significant and obvious risks, including risks arising from firearms, animals, terrain, weather, remoteness and the conduct of other people. Participation may result in property damage, serious injury or death.

7.2 By booking, a Guest acknowledges that hunting and associated activities are a dangerous recreational activity involving obvious risks, including for the purposes of the Civil Liability Act 2003 (Qld) and equivalent legislation in other states, and that the Guest participates voluntarily and at their own risk.

7.3 To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), our liability for death or personal injury arising from the supply of recreational services is excluded. This exclusion does not apply to significant personal injury caused by reckless conduct, and does not affect rights that cannot lawfully be excluded.

7.4 Before paying for a booking, each Guest must sign the Hunter Release of Liability, Waiver and Assumption of Risk. Before creating or publishing a listing, each Host must sign the Landholder Release and Indemnity Agreement. Before creating or publishing an Experience, each Operator must sign the Experience Operator Agreement, Release and Indemnity. Each signed document forms part of the agreement between the relevant parties and these Terms, and prevails over these Terms to the extent of any inconsistency in the signatory's dealings with us. A Guest must also provide the compliance documents required by clause 4.4 before paying.

7.5 Every signed Hunter Release on a booking, the booking holder's and each party member's own, is made for the benefit of, and is enforceable by, both the Host of the booked property and us. A Host's signed Landholder Agreement is made for the benefit of, and is enforceable by, us.

8. Australian Consumer Law and liability

8.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under law that cannot be excluded, restricted or modified.

8.2 Subject to clauses 7 and 8.1, and to the maximum extent permitted by law: (a) the Platform is provided on an as-is basis; (b) we are not liable for the acts or omissions of Hosts or Guests, the condition of any property, or anything that occurs during a stay; (c) we exclude liability for indirect or consequential loss; and (d) our total liability in connection with the Platform is limited, at our election, to resupplying the relevant service or paying the amount of the Platform Fee we received for the booking concerned.

8.3 Each of a Host and a Guest indemnifies us, our officers, employees and agents against all loss, damage, cost and expense (including legal costs on a full indemnity basis) arising out of or in connection with: (a) their breach of these Terms, a signed liability document, or any law; (b) their negligent, reckless or unlawful acts or omissions; (c) in the case of a Host, the condition of their property, hazards they failed to disclose, and any misrepresentation in their listing; and (d) in the case of a Guest, the conduct of any member of their party.

8.4 Without limiting clause 8.3, if we are sued, joined to a proceeding, or required to respond to a regulator because of the specific actions or omissions of a Host or a Guest, that person agrees to pay our reasonable legal fees and costs of responding, on a full indemnity basis, as they fall due. This obligation is a continuing one and survives termination of these Terms, but does not apply to the extent that the relevant loss was caused by us.

9. Content and reviews

9.1 You retain ownership of content you submit (listings, photos, reviews, messages). You grant us a worldwide, royalty-free licence to host, use, display and promote that content for the purpose of operating and marketing the Platform.

9.2 Reviews must reflect a genuine stay and honest opinion. You must not post content that is unlawful, misleading, defamatory, infringing, or that discloses another person's private information. We may moderate or remove content that breaches these Terms.

10. Prohibited conduct

You must not use the Platform to:

• arrange any unlawful activity, including hunting protected native wildlife, hunting without required licences, or trespass;
• circumvent the Platform Fee by taking bookings generated through the Platform off-platform;
• exchange phone numbers, email addresses or messaging handles with another user before a booking between you is confirmed, or invite another user to continue the conversation on another service. We hide contact details in messages until a booking is confirmed, and we may suspend accounts that persistently work around this;
• misrepresent a property, identity or licensing status;
• harass, threaten or discriminate against any person; or
• scrape, reverse engineer, interfere with or misuse the Platform or its data.

11. Firearms and legal compliance

11.1 Firearms and hunting are regulated by each state and territory. Requirements differ and change. Guides published on the Platform are general information only and are not legal advice; you must confirm current requirements with the relevant regulator before travelling.

11.2 We may cancel bookings and remove accounts where we reasonably believe an activity would be unlawful or unsafe.

12. Termination

12.1 You may close your account at any time. Confirmed bookings at that time remain subject to these Terms and the Cancellation Policy.

12.2 Clauses that by their nature survive termination (including clauses 7, 8, 9 and 13) continue after your account closes.

13. Disputes and governing law

13.1 Disputes between Hosts and Guests should first be raised directly between the parties; we may assist informally but are not obliged to arbitrate.

13.2 If you have a complaint about the Platform, contact us via the contact page and we will respond within a reasonable time.

13.3 These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia. Nothing in this clause prevents you from bringing proceedings in a forum you are entitled to use under the Australian Consumer Law.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email or by notice on the Platform, and the updated Terms apply to bookings made after the change takes effect. The current version is always available on this page.

Questions

Questions about these Terms can be sent through the contact page.