These terms and conditions outline the relationship between you, identified as the host, owner, agent, or property manager ("User"), and Amble Software Pty Ltd ("Amble"), a company registered in Australia, which owns and operates TheyStay.
TheyStay is a web-based platform designed to allow users to compile and disseminate pertinent information to guests tailored to their stay. This includes, but is not limited to, showcasing local attractions, events, eateries and activities and sharing property details. The information is conveyed through various mediums such as text, images, videos, and outbound links. Some information may be auto-generated via TheyStay's content generation tools which leverages third party APIs like Google API and OpenAI. Throughout this document, such information will be collectively referred to as “Content.”
Amble disclaims any responsibility for the Content, placing the onus on Users to ensure its appropriateness for their guests. Consequently, Amble is not liable for any incidents resulting from guests' interaction with the Content. Users acknowledge that Amble's role is solely to provide the platform for creation and dissemination of the Content through the TheyStay application.
TheyStay is accessed via theystay.com.au and theystay.app
Amble provides the User with a non-exclusive, non-transferable, personal license to utilize TheyStay, in accordance with the provisions of this Agreement. The User leverages this license to produce content for their TheyStay implementation.
This Agreement becomes effective when the User completes the Sign Up page, or if these terms and conditions are sent to the User via email during manual invoicing. The Agreement remains valid until the User notifies, via email to help@theystay.com.au, their intent to close their account.
TheyStay offers a free 14-day trial period before requiring users to activate their accounts. During this time, you can explore all the features and get comfortable with the platform without having to provide any payment information.
TheyStay processes fee collection via credit/debit card through a third-party payment processor (Stripe Payments) for transactions and does not retain credit card information.
Accepted methods include all major credit and debit cards. All purchased goods remain the Company's property until fully paid. We reserve the right to pursue outstanding debts over thirty days from the invoice date through collection agencies or the Small Claims Courts, with additional costs borne by the User. Returned payments may result in a late fee for banking and administrative charges. Following a second returned payment, we may terminate the current arrangement. Consequently, all bookings and agreements will be suspended immediately until outstanding amounts are fully settled.
While a User can setup their properties via TheyStay's user portal there may be a scenario where the set up of a given property will incur a fee from TheyStay. This fee will be discussed with the User before any set-up work begins.
Users can close their account at any time by sending an email notice to Amble at help@theystay.com.au. If a user decides to end the license before its term is completed, no refund will be issued. Either the user or Amble has the right to terminate this contract if a material breach occurs by the other party, or if either party becomes insolvent.
We want to make sure that all content on our platform is suitable for guests, so we do have guidelines and policies in place. However, we cannot guarantee specific benefits as it ultimately depends on your usage of the service.
TheyStay bares no responsibility for the Content created with it's tools. All Content within a TheyStay User’s account is solely the responsibility of the User. The User accepts any liability that may emerge from a guest utilizing and/or depending on this information.
A TheyStay user has the following obligations. These are in addition to anything other obligation or liability mentioned in this document:
Maintaining Account Security: Users are responsible for keeping their account information secure, including their password and any other credentials used to access the application.
Adhering to Content Guidelines: Users must ensure that any content they create or publish complies with the platform's content policies, including prohibitions on hate speech, harassment, and any illegal activities.
Respecting Intellectual Property: Users must respect and uphold intellectual property rights, ensuring that the content they post does not infringe on the copyrights, trademarks, or other rights of third parties.
Providing Accurate Information: When creating a profile or posting content, users are responsible for ensuring that all information is truthful, accurate, and up to date.
Reporting Violations: Users should report any violations of the terms of service or inappropriate content they encounter on the application to the platform administrators.
Usage of Personal Data: Users are responsible for ensuring that they have the consent to use any personal data they include in their content, complying with relevant privacy laws and regulations.
Limiting Harmful Actions: Users must avoid engaging in activities that could harm the application, such as distributing viruses or engaging in any form of cyber attacks.
Representing Content Origin: Users should accurately represent the authorship of the content they create or share, giving appropriate credit when the content is not their own.
Amble may send Users emails that relate to their relationship with TheyStay.
These emails will typically conatin information and advice on:
TheyStay features that have been recently added or changed;
Tutorials and tips on how to get the most of using TheyStay;
Terms and conditions amendments.
TheyStay uses cookies to collect data for the analysis of performance and stability. These cookies help us understand how our application performs under different conditions and enable us to make improvements where necessary. We ensure that all data collected through this method remains anonymous, protecting your personal information and privacy. The cookies do not store any information that could be used to identify users personally. By using our application, you consent to the use of these cookies for the stated purposes.
Your privacy is important to us at TheyStay, which is why we use cookies and have strict policies in place to protect your personal information. See our Privacy policy for more information.
Neither party shall be liable for any failure or delay in the performance of its obligations under this Contract if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, natural disasters, government actions, or pandemics. The affected party shall promptly notify the other party in writing of such event and shall make reasonable efforts to minimize the impact of the event on the performance of its obligations. The time for performance of the affected obligations shall be extended until the circumstances giving rise to such delay cease.
This Contract shall be interpreted in accordance with the federal laws of Australia and the state laws of South Australia. The parties irrevocably consent to the exclusive jurisdiction of the Courts within these regions for resolving any disputes or claims arising from or related to this agreement.