Terms and Conditions

These terms are an agreement between you and James Robert Knowles, trading as The 88th Day (ABN 17 944 507 152). They apply when you use the88thday.com, The 88th Day app, or any of our other websites and services (together, "The 88th Day"), and to everyone who uses them, including backpackers, employers and accommodation hosts. By using The 88th Day you agree to them. If you don't agree, please don't use it.

Our Privacy Policy explains how we handle your personal information.

Your account

• You must be 18 or over to create an account.
• Give us accurate information and keep it up to date.
• Keep your password safe. You are responsible for what happens in your account.
• An account is for one person, or for one business if you are an employer or host.

What The 88th Day is, and isn't

The 88th Day gives you information and tools to find regional work, find somewhere to stay and keep track of your specified work. We are not a migration agent and nothing on The 88th Day is immigration or legal advice.

• Visa decisions are made by the Department of Home Affairs. Our 88 days calculator, postcode checks and eligibility badges are estimates based on the information you give us and on published rules. We can't guarantee that Home Affairs will accept your work or grant a visa. Check the current rules on the Home Affairs website or with a registered migration agent before you apply.
• AI can make mistakes. Our assistant and our payslip reader use AI. Check what the assistant tells you, and any work records the payslip reader fills in, before you rely on them.
• We don't employ you. Job listings and business details come from employers and public sources. Any job is an agreement between you and the employer. Check the pay and conditions, and your rights at work, with the Fair Work Ombudsman.
• Stays are provided by hosts. Any booking is between you and the host.

Premium subscriptions

• Plans: Premium is available as a monthly plan or as the 88 Days Bundle, billed every 3 months. On the website, prices are in Australian dollars. In the app, Apple or Google shows the price in your local currency. You'll always see the price before you buy.
• Free trial: new subscribers get 14 days free, once per person. If you don't cancel before the trial ends, your first payment is taken when it ends. For purchases in the app, Apple or Google decides who can have a free trial.
• Renewal: your plan renews automatically at the end of each billing period until you cancel.
• Cancelling on the website: go to Settings, then Subscription. You keep Premium until the end of the period you have paid for, and you won't be charged again. If you cancel during your free trial, you won't be charged at all.
• Cancelling in the app: subscriptions bought in the app are billed by Apple or Google. Cancel them in your App Store or Google Play subscription settings. Deleting the app, or your account, doesn't cancel them. Their terms apply to billing and refunds for those purchases.
• Refunds: we don't give refunds for part of a billing period you have already started, except where the law requires it. We may give a refund in other cases at our discretion. Refunds for app purchases are handled by Apple or Google.
• Price changes: we'll tell you before a price change affects you. It applies from your next renewal, and you can cancel before then.

Your rights under Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits those rights.

Using The 88th Day fairly

You must not:

• post or send anything unlawful, false, misleading, harmful, threatening, defamatory, obscene, harassing or discriminatory;
• create fake accounts, job listings, stays or reviews, or pretend to be someone else;
• upload viruses or anything that could damage The 88th Day or other people's devices;
• copy, scrape, resell or republish our content, listings or data, or use them to build a competing product;
• reverse engineer the app or website, or try to get around our security or paywall;
• access another person's account or data.

We may remove content, or suspend or close an account, that breaks these rules.

Employers and hosts

If you list a job, a business or a stay on The 88th Day:

• keep your listing accurate and up to date;
• offer pay and conditions that meet Australian workplace laws, and don't discriminate against applicants or guests;
• use the details people send you only to deal with their application, enquiry or booking.

Your content

You own the information and files you add, such as your profile, work records, payslips and job applications. You let us store and use them to provide The 88th Day to you, including sharing an application with the employer you send it to.

Our content

The 88th Day, including its design, text, guides, images, logos and software, belongs to us or our licensors and is protected by copyright and other laws. You may use it for your own personal use only.

Changes and availability

We are always improving The 88th Day, so features may be added, changed or removed. We aim to keep it available at all times, but it may be unavailable for maintenance or for reasons outside our control. If a change significantly affects a paid feature, we'll tell you.

Other websites and services

We link to websites and services run by others, such as employers, hosts, app stores and government pages. We aren't responsible for their content or how they operate.

Our liability

To the extent the law allows, we aren't liable for any indirect or consequential loss, or for decisions made by employers, hosts or government agencies. Where our liability can be limited, it is limited to supplying the service again or refunding what you paid us in the 12 months before the claim. This does not affect your rights under the Australian Consumer Law.

Closing your account

You can delete your account at any time. See Delete My Account for how. Deleting your account cancels a subscription you bought on our website. If you bought it in the app, cancel it in your App Store or Google Play settings as well, because we can't cancel it for you. We may suspend or close an account that breaks these terms.

Governing law

These terms are governed by the laws of South Australia, and the courts of South Australia can hear any dispute about them.

Changes to these terms

We'll update this page when these terms change and change the date at the top. If a change is significant, we'll also tell you by email or in the app before it takes effect, and you can cancel your subscription if you don't agree with it.

Contact us

Questions about these terms? Email support@the88thday.com or use our contact page.