Stayz Advertising Agreement
In addition to the terms and conditions in this agreement, all advertisements on websites owned and operated by Stayz Pty Ltd are
subject to the Fairfax standard terms and conditions of advertising, as amended from time to time, available at
http://www.stayz.com.au/terms-and-conditions/fairfax-advertising-terms, and any other legal notices displayed on the
Stayz website(s) (the Site) from time to time.
We do not act as your agent in relation to properties that you advertise on the Site. We are not involved in the actual transaction
between you and any third party. You enter into any transaction with a third party entirely at your own risk.
You agree that:
- properties may only be listed once on the Site;
- you have the authority to advertise the properties that you list;
- you will comply with all applicable laws and codes; and
- you will remove property listings from the Site if requested to do so by Stayz.
You may remove your property listing from the Site at any time.
We reserve the right to withdraw or change our Site, products or services (including format, design, scope, etc) at any time. We
will use our reasonable endeavours to give you advance notice of any material changes that we make to our Site, products or
services.
We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any
material that you make available or attempt to make available via the Site.
You agree to pay us the annual listing fee (if applicable) plus the nightly booking fee specified on the Site, or otherwise agreed
in writing, for each confirmed booking. For the purposes of the foregoing, a booking is "confirmed" if:
- the booking resulted from a booking enquiry through, or referral from, the Site; and
- the renter/s actually stayed at your property (regardless of whether you received payment or not) and, if so, the relevant
booking period will be the entire period that the renter/s stayed at your property.
Listing fees paid to Stayz are non-refundable and non-transferable. If a listing fee is paid to Stayz for a period and you choose to
remove your property listing from the Site partway through that period, you will not be eligible for refund for the remainder of the
period.
Once an invoice for listing or booking fees has been paid, no refund will be supplied for any errors made by you. A credit may be
issued upon application in this instance.
At the end of each calendar month, and otherwise at our request, you agree to provide us with a Booking Report (in the form
prescribed by us) that confirms all bookings details for that calendar month for properties listed by you on the Site.
Annual listing fees and booking fees are payable within 30 days of the date of our invoice.
We reserve the right to audit the enquiries made through the Site and, on notice to you, audit your accounts and records relating to
your property bookings in order to verify the information provided in any Booking Report. You agree to grant our auditor such
access and assistance as is reasonably necessary in order to carry out such audit.
Without limiting our other rights, in the event of failure to provide the Booking Report within 30 days, non-payment or late
payment, we may remove your listings from the Site and/or terminate this agreement.
You are liable for all taxes (including GST), duties or government charges payable in connection with this agreement whether
applying at the date of this agreement or in the future.
Without limiting our other rights and remedies at law, we may terminate this agreement, and remove your property listings from the
Site, immediately:
- at any time and for any reason by giving you 7 days notice in writing;
- if you breach this agreement (or we have reason to suspect that you have breached this agreement); or
- if an insolvency event occurs in relation to you.
You may not use any material on our Site to establish, maintain or provide your own publications (including marketing or promotional
material), contact details database or Internet site. Nothing in this agreement should be construed as granting any right of use in
relation to any material or trade mark displayed on the Site without the express written consent of the relevant owner.
To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular, we do not make any
representations or warranties that the Site will be uninterrupted or error free. To the extent that our liability for breach of any
implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to: (a) in the case of
services supplied or offered by us, the re-supply of those services or the payment of the cost of having those services re-supplied,
and (b) in the case of goods supplied or offered by us, the replacement of the goods or the supply of equivalent goods, the repair
of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.
You indemnify us against any loss or damage that we may suffer or incur in connection with your use of, or conduct in connection
with, the Site or this agreement.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (inc. loss
of profits, goodwill, data or opportunity).
We reserve the right to amend this agreement and/or the nightly booking fee specified on the Site at any time by giving you 7 days
notice in writing. If we do, your subsequent or continued use of the Site will constitute your acceptance of any change(s). If you
object to any change(s), your only remedy is to immediately discontinue your use of the Site. Otherwise, you will be deemed to have
accepted the change(s).
This agreement, together with any terms and conditions it refers to, comprises the entire agreement between you and us and
supersedes all prior understandings, agreements or representations.
You may not assign this agreement without our prior written consent. No delay or waiver by us in enforcing any provision of this
agreement will be deemed a waiver of our rights. If a term of this agreement is or becomes invalid or unenforceable, the validity
and enforceability of the remainder of the agreement will not be affected.
This agreement is governed by the laws in force in New South Wales, and you submit to the non-exclusive jurisdiction of the courts
in that State.
