Terms of Service for Australian Users

These Terms of Service for Australian Users (“Terms”) are subject to the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These Terms apply to the maximum extent permitted by the Australian Consumer Law.

1.1 Booking.

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like cleaning fee, dog fee, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you prior to you completing payment is based on a currency conversion rate determined by us. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking.

1.2 Accommodation Reservations.

An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

2. Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount refunded to you is determined by our cancellation policy. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a Reservation, you may be entitled to a partial or full refund. If the Host cancels, or you experience a Reservation Issue, you may be entitled to rebooking assistance or a partial or full refund. You may appeal a decision by us by contacting our team.

3.1 Your Responsibilities.

To the maximum extent permitted by law, you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, as well as any pets you bring onto the property. This includes responsibility for all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), including but not limited to garden areas and the pool area.

For example, this means:
(i) you are responsible for leaving the Accommodation, Common Areas, and any related personal property in the condition they were in when you arrived;
(ii) you are responsible for paying all reasonable Damage Report amounts, including those arising from the actions of your pet; and
(iii) you must act with integrity, treat others with respect, and comply with applicable laws and property rules at all times, including any rules for pool use and pet supervision.

If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and are solely responsible for their supervision.

3.2 Your Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume all risks arising from your access to and use of our site, including your stay at any Accommodation, participation in any Service or Experience, use of any other Host Service, and access to property facilities such as the pool area and surrounding grounds. You further acknowledge that the property may be located in an area where natural hazards (including bushfires) and wildlife (including snakes and other potentially dangerous animals or insects) may be present, and you assume full responsibility for exercising appropriate caution, or evacuation, and supervision at all times.

4. Interpreting these Terms.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between HeartStone Hill and you pertaining to your access to or use of the HeartStone Hill Platform and supersede any and all prior oral or written understandings or agreements between HeartStone Hill and you. This Section does not exclude a party’s liability for prior false, misleading or deceptive statements or misrepresentations, where oral or written. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and HeartStone Hill.

5. Contact Us.

If you have any questions about these Terms, please email us at [email protected]

Refund Eligibility

If a Guest’s service or experience is disrupted by a Covered Issue, then the guest is eligible for a full or partial refund. The term “Covered Issue” means any of the following:

- HeartStone Hill cancels a service or experience, except when HeartStone Hill cancels because of a disruption caused by the Guest (ex: the guest refuses to follow safety instructions)

- The delivered service or experience differs substantially from what was advertised or agreed to with the Guest (ex: HeartStone Hill provides an inaccurate starting location information or fails to deliver key aspects of what was promised)

- HeartStone Hill is not prepared to host the service or experience (ex: inappropriate venue, missing essential equipment, or failing equipment)

Refund Requests

If HeartStone Hill cancels a reservation, their Guest automatically receives a refund, unless the cancellation is due to a disruption by the Guest. In these cases, the Guest will not be entitled to a refund. For any Covered Issue other than a host cancellation, the guest should, whenever feasible, try to resolve the Covered Issue directly with us. Guests may request refunds directly from HeartStone Hill by contacting our email. The request must be submitted no later than 72 hours after the Covered Issue occurs. And the request must be supported by relevant evidence such as photographs, communications between the host and Guest, or other available documentation, which we will use to help determine whether a Covered Issue has occurred. If a Guest demonstrates that reporting a Covered Issue within 72 hours was not feasible, we may allow for late reporting under this policy.

Refund Amounts

If HeartStone hill cancels a reservation for any reason other than a disruption caused by the Guest, the Guest will automatically receive a full refund. If we determine that a Covered Issue other than a cancellation has disrupted a service or experience, we will provide a full or partial refund. How much we refund depends on the severity of the Covered Issue and the extent of the impact on the Guest.

If a host has already provided a partial refund in response to a Guest request, we may reduce the amount of any further refund under this policy to reflect what the host has already paid to the Guest.

Cancellations

If a Guest cancels a reservation, they may be entitled to a refund. The timeline for the refund amount is outlined below (based on Check In time of 2:00pm on Reservation Date):

- If a cancellation is made more than 5 days prior to Date of Reservation/Check In, they will receive a full refund.

- If a cancellation is made less than 5 days prior to Date of Reservation/Check In, they will receive a partial refund of 50%.

- If a cancellation is made less than 24 hours prior to Date of Reservation/Check In, they will not receive a refund.

For your comfort, our tiny house features a genuine wood-burning fireplace. Please note that the fireplace, including the top, door, sides and flue, becomes extremely hot during operation and remains hot for several hours after the fire has gone out.

Children must be supervised at all times while the fireplace is in use or cooling. Guests are asked to keep a safe distance from the heater, avoid placing items on or near it, and use the fireplace only in accordance with the instructions provided.

By using the fireplace, guests acknowledge the inherent risks associated with a solid-fuel heater and accept responsibility for operating it safely and supervising children and other vulnerable persons.

Your safety is important to us. Please enjoy the warmth of the fire responsibly.

1. PERSONAL INFORMATION WE COLLECT.

1.1 Information Needed to Use the HeartStone Hill Platform.

We collect personal information about you when you use our Platform. Without it, we may not be able to provide all services requested. This information includes:

1.1.1 Contact, Account, and Profile Information.

Such as your first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features you use.

1.1.2 Identity Information.

Where appropriate, we may ask you for an image of your government-issued ID document(s), passport, national ID card, tax ID, or driving license (in accordance with applicable laws) or other verification information, such as your date of birth, address, email address, phone number, or digital identity, and/or a selfie when we verify your ID. If a copy of your ID is provided to us, we will obtain information from your ID.

1.1.3 Payment Transaction Information.

Such as payment account, credit card information, bank account information, payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address, and other related transaction details.

1.2 Information You Choose to Give Us.

You can choose to provide us with additional personal information

2. HOW WE USE INFORMATION WE COLLECT.

We use personal information as outlined in this Privacy Policy.

2.1 Provide the HeartStone Hill Platform.

We may process this information to:

- enable you to access the HeartStone Hill Platform and make and receive payments

-process and respond to your request

- provide you with support

- send you messages, updates, security alerts, and account notifications

- enable your use of our accommodation services

3. SHARING AND DISCLOSURE.

3.1 Who We Share With.

We may share your information with:

3.1.1 Our Team Members.

To help facilitate bookings or other interactions between Team Members and Guests, we may share information.

3.2 Comply with Law, Respond to Legal Requests, Prevent Harm, and Protect Our Rights.

3.3(i) Disclosure.

As we reasonably deem appropriate, we may disclose your information or communications to courts, law enforcement, governmental or public authorities, tax authorities, authorized third parties, or other Team Members, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request, such as a subpoena or court order, or to respond to claims asserted against HeartStone Hill, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, or you, (iv) enforce and administer our agreements with Members, including our Terms, and Policies, (v) investigate potential violations of applicable law, including emergency situations which may involve the risk of death or serious physical harm, (vi) respond to requests for or in connection with current or prospective legal claims or legal proceedings concerning HeartStone Hill, in accordance with applicable law, or (vii) protect the safety, security, rights, or property of HeartStone Hill, its employees, or members of the public.

3.3(i)(a) To Tax Authorities.

Where legally required or permissible according to applicable law, we may disclose Hosts’ and/or Guests’ information to relevant tax authorities or other governmental agencies, depending on where you are based, for the purpose of the tax authorities’ determination of proper compliance with relevant tax obligations.

4. YOUR RIGHTS.

You may exercise any of the rights described in this section consistent with applicable law.

5. SECURITY.

While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unlawful or unauthorized access, loss, destruction, or alteration. CCTV cameras operate on this property for safety and security purposes.

6. CHANGES TO THIS PRIVACY POLICY.

We reserve the right to modify this Privacy Policy at any time in accordance with applicable law. If we do so, we will post the revised Privacy Policy and update the “Last Updated” date at the top.

HeartStonehill.com.au is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

Our Commitment
We aim to conform to Level AA of the Web Content Accessibility Guidelines (WCAG)
2.1, as recommended by the Australian Government Digital Transformation Agency
(DTA) and in line with the Disability Discrimination Act 1992 (Cth).

Accessibility Features
We have implemented a range of features to help ensure accessibility, including:

- Text alternative for non-text content

- Clear and consistent navigation

- Keyboard navigation support

- High contrast and legible text

- Responsive design for mobile and tablet devices

- Meaningful link text and headings for assistive technologies

Ongoing Efforts
Accessibility is an ongoing effort. We regularly review our website content and design to
ensure it meets current standards and best practices. We also welcome user feedback to
identify and address accessibility barriers.
Feedback
If you experience any difficulty accessing information on our website, please let us know so
we can assist you and improve our accessibility:

Email: [email protected]
Phone: 0418 548663

Please include details such as the page URL, the issue encountered, and your preferred
contact method. We will respond as soon as possible.

Third-Party Content
While we strive to ensure all content is accessible, some third-party materials or links may
not fully meet accessibility standards. We encourage those providers to make their content
accessible as well.