Ocean Break

Stayz Pty Limited Conditions of Use

Conditions of Use

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on any Stayz or Fairfax Digital website form the conditions of supply of material on, use of and access to those websites. Your continued use of Stayz constitutes an affirmative acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.

Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of all Stayz and/or Fairfax Digital websites.

Stayz reserves the right to amend these terms at any time by posting the changes online.

Stayz
The Stayz website is operated by Stayz Pty Limited ABN 41 102 711 599 (the company and it website each referred to as 'Stayz'). Stayz is a sister site to the websites operated by Fairfax Digital Australia & New Zealand Pty Limited ABN 34 087 887 456 (each of that company and its network of sites referred to as 'Fairfax Digital') and its related bodies corporate. For a list of all sites that form part of Fairfax Digital or to find out more about these sites, visit www.fairfaxdigital.com.au.

These Conditions of Use govern your use of Stayz. Further, there are specific conditions that apply to the Google Maps service that is available through sites forming part of Stayz and Fairfax Digital. A link to these conditions is included below.

From time to time, Stayz may run competitions, prize draws and promotions on Stayz. These will be subject to additional terms and conditions, which will be made known to you at the time.

All terms and conditions that govern your use of Stayz (including disclaimers) may only be amended in writing signed by an authorised officer of Stayz and Stayz may amend them from time to time.

Stayz is a referral forum for short term holiday lets less than 60 days. We charge the Owner an annual fee to list on the site and a fixed booking fee based on the number of nights booked in any booking.

By listing on the Stayz website, each property owner/agent agrees that he/she will within 30 days of a request from Stayz, provide Stayz with a Booking Report that confirms all bookings details for that calendar month, on the form provided by Stayz (the Items List). If an owner does not comply with this clause within 30 days of a request from Stayz, Stayz reserves the right to remove the property from the Stayz website without further notice.

Stayz reserves the right to audit both the enquiries made through Stayz sites and the bookings received by a property at any time.

By advertising their property on Stayz, Owners agree that they will pay the amounts charged for those bookings within 30 days of the invoice being forwarded to you. If you fail to pay any invoice, Stayz reserves the right, at its sole discretion, to remove the Material from the site and commence legal proceedings for recovery of any unpaid amounts.

Accuracy of information and disclaimer of warranties
All material on Stayz is provided in good faith. Your use of Stayz is at your sole risk. Information relating to the properties listed on Stayz is provided by the Owner, and none of Stayz, its directors or employees nor its related bodies corporate or their directors or employees make any representation or warranty that (i) any material on Stayz will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Stayz will be uninterrupted, timely or secure.

We take reasonable care to transcribe Owners' Material into an online format. However, we reserve the right to edit or condense material in any way we see fit and you agree not to make a claim against us for any change we make, including in respect of any negligence by us in transcribing or condensing such Material.

Stayz will not be liable for loss resulting from any action or decision by you in reliance on the information on Stayz, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software. Renters should rely on their own inquiries and satisfy themselves as to the accuracy of the Material prior to making any decisions. Owners should rely on their own enquiries and satisfy themselves as to the bona fides of Renters prior to entering into any agreement with a Renter.

If we become aware of any errors or inaccuracies, we will attempt to make some verification checks to determine the accuracy or otherwise of the information. If a complaint is determined to be justified, after our investigation, we will remove the Material in question. However, any checks performed by us do not provide you with any guarantee as to the truth of the material on Stayz. We reserve the right to edit or remove any Material uploaded to or on our site at any time at our absolute discretion.

Third party links
The links on Stayz to other sites operated by third parties are not under our control. Following a link to other sites is done at your own risk. Stayz in no way endorses or accepts any liability for any advertising or other material appearing on those sites.

Online Security
At Stayz we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble-free browsing when visiting our site or interacting with our email messages.

• Stayz will never ask you to provide personal information like your bank details, credit card details, driver's license or passport number via email;
• if you are making an online booking from Stayz and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...';
• be sure to double check the website address at the top of your browser;
• be wary of opportunities that seem 'too good to be true' when interacting with our site;
• our site does not endorse individual sellers or vendors;
• Report any suspicious activity to us immediately;
• keep your computer up to date with anti-virus, firewall software and the latest patches;
• disregard and delete spam, chain and junk emails.

If you are concerned about online security in general, please visit one of the following useful websites for more detailed information on how you can protect yourself.

• ACCC What to look out for and how to protect yourself;
• Australian High Tech Crime Centre The Australian Federal Police "e-Crime" policing strategy and how you can report a crime;
• FIDO ASIC's online information centre highlighting popular scams and how to avoid them.

Privacy Policy
Please read the privacy policy.

We treat the personal information of users of our site with respect and confidentiality, and take all reasonable steps to ensure that users' personal information is stored securely and accurately. You may, at any time, access and change any of your personal information that we hold. Please refer to our privacy policy for further details.

By submitting your personal information or material on our sites, either as a Renter or an Owner, you agree that we may provide your personal information to the Owner or Renter, as the case may be. You also agree that we may retain and use your personal information for the purpose of promoting and informing you of our other products or services which may interest you. You may notify us at any time that you no longer wish to receive marketing or promotional material by emailing support@stayz.com.au with UNSUBSCRIBE written in the subject line, and you will be removed from any e-mail lists. No further communications will be forwarded to you, but your personal information may continue to be retained by us and used for internal administrative and statistical purposes as permitted by law.

Copyright
The material provided on Stayz and all other Fairfax Digital sites is copyright protected. You may use this material only for your own personal reference and for the purposes of making enquiries or bookings. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Stayz or the appropriate advertiser, supplier or licensor of Stayz.

You may not use any part of the material on a Stayz or Fairfax Digital site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

By placing Material on Stayz, you give us a license to use that Material, including altering it in any way, allowing us to use it as we see fit in any media anywhere in the world for the promotion of or information about our site, our business or software, and you agree not to make a claim against us for breach of copyright or other intellectual property in that Material.

Trademarks
The Stayz logo, the logos of the Fairfax Digital sites and the newspaper mastheads on the Fairfax Digital sites are registered trademarks of Stayz, Fairfax Digital or their related bodies corporate. Other trademarks may be displayed on Stayz or Fairfax Digital from time to time. These may belong to third parties. Nothing displayed on Stayz or a Fairfax Digital site should be construed as granting any license or right of use of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant Owner.

Your conduct
As a condition of your use of Stayz or Fairfax Digital or any services on Fairfax Digital, you warrant to Stayz and/or Fairfax Digital that you will not use Stayz or Fairfax Digital for any purpose that is unlawful or prohibited by these terms and conditions or any other terms, conditions or notices appearing anywhere on Stayz or Fairfax Digital. You agree to abide by all applicable laws and regulations.

In particular, you agree not to:

• use Stayz or Fairfax Digital to defame, abuse, harass, stalk, threaten or otherwise offend others;
• publish, distribute, e-mail, transmit or disseminate any material which is false or misleading, unlawful, obscene, defamatory, indecent, offensive or inappropriate;
• use any automated scripting tools or software;
• damage or block the site or prevent it from functioning;
• engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Stayz or Fairfax Digital;
• impersonate any person or entity;
• upload, post, e-mail, transmit or otherwise make available using Stayz or Fairfax Digital any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
• breach any applicable laws or regulations.

Neither Stayz nor Fairfax Digital has any obligation to monitor any user's use of Stayz or Fairfax Digital, however Stayz and Fairfax Digital retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By using Stayz and/or Fairfax Digital, you agree to indemnify Stayz and/or Fairfax Digital (as appropriate) if Stayz, Fairfax Digital or any of their related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Stayz or Fairfax Digital.

Limitation of liability
Stayz and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise Stayz and its related bodies corporate exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Stayz' liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Stayz' option, to:

in the case of services supplied or offered by Stayz:

• the re-supply of those services; or
• the payment of the cost of having those services re-supplied; and

in the case of goods supplied or offered by Stayz:

• 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 expressly agree and understand that in no circumstances will Stayz or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Stayz or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access Stayz or any material on Stayz; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on Stayz. Excluding liability for negligence, the maximum liability of Stayz and its related bodies corporate is equivalent to the total of any amounts you have paid to Stayz and its related bodies corporate in respect of goods or services supplied to you by Stayz or its related bodies corporate through Stayz.

In no circumstances will Stayz or its related bodies corporate be liable to you for any direct, indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising which result from any Material or property listed on Stayz by an Owner, Renter or third party, nor from the conduct of any Owner or Renter in relation to the property in question.

Applicable law
These conditions and all other specific and additional terms which govern your use or membership of and access to Fairfax Digital will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

Provision of Material for Use on Stayz
These terms apply to any Material submitted by you to Stayz for posting on Stayz, the Fairfax Digital Network or on any third party’s website or for publishing in any publication.

You agree that by submitting any Material to Stayz:

• you grant Stayz a worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Material in any form or on any medium and for any purpose, including posting the Material on any Fairfax Digital or third party website or publication, using the Material in any promotions and marketing, and sub-licensing the Material;
• you warrant that you own all rights, including intellectual property rights, in the Material;
• you have the authority to grant this license to Stayz;
• you warrant that the Material does not breach any laws, including defamation laws;
• so far as you are able, you unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the Material. Further, you unconditionally consent to any act or omission by Stayz in relation to the Material which may otherwise be an infringement of your moral rights; and
• the Material does not contain anything that is obscene, pornographic or in breach of any law or regulation.

You agree to indemnify Fairfax and its related bodies corporate for any loss or damage arising as a result of your breach of these terms.

Conditions of use specific to Google maps
The Google Maps service is provided to Stayz and made available to you under license from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html

Definitions

Material: means text, graphics, photos, other media and/or other information you provide for the purposes of advertising a property on Stayz;

Negligence, wherever used includes our negligence as well as the deliberate or negligent acts of others;

Owner: means the person or company who represents themselves as being the registered proprietor, agent or administrator of a property;

Renter: means a person seeking to enquire about or stay at properties referred to in material on our Site;

Sites: means all websites, Internet access portals, URLs capable of being accessed by a browser, including WAP and other formats operated and maintained by Stayz or Fairfax Digital;

Us, we, our: means Stayz Pty Limited ABN 41 102 711 599 and its related bodies corporate;