nestay

‍Please read these Terms carefully. By signing up for an account and using the Nestay platform, you agree to the following Terms. This is a legal agreement.

By accessing and using Nestay's services, you confirm that you are in agreement with and bound by the terms of service contained in these Terms & Conditions.

Nestay is an online technology platform that provides registered users with tools and resources to effectively manage and advertise their properties. As the platform provider, we facilitate property management through our technology solutions.

Users are solely responsible for advertising and managing their properties. When users exchange property inquiries or engage in rental applications, they form direct contractual relationships with each other.

It's important to note that Nestay does not act as a real estate agent and is not a party to any lease agreements between users and their tenants. We do not serve as an agent for any user in these relationships.

When you sign up for an account, you are deemed to be a Nestay user and have given Nestay Listing Authority.

These terms apply to the entire website and any email or other type of communication between you and Nestay.

Definitions and Key Terms

To help explain things as clearly as possible in these Terms & Conditions, every time any of these terms are referenced, they are strictly defined as:

PlatformRefers to the Nestay website, mobile applications, and services.
CompanyWhen this policy mentions "Company," "we," "us," or "our," it refers to Nestay that is responsible for your information under these Terms & Conditions.
UserAny individual or entity that accesses or uses the Platform, including hosts and guests (stayers).
ServiceRefers to the service provided by Nestay as described in the relative terms and on this platform.

User Accounts and Responsibilities

Account Requirements

To use the Nestay platform for property rental, you must:

Be the legal owner of the property or authorized by the owner
Be at least eighteen (18) years of age
Provide accurate and up-to-date contact information
Agree to these terms and conditions
Not violate any laws or regulations

Nestay reserves the right to modify these requirements at any time. By clicking the 'Join' button and accepting these terms during signup, you formally agree to these conditions. If you're signing up on behalf of a company or entity, you confirm that you have the authority to accept these terms on their behalf.

Term Duration

Your term begins when you sign up for the Nestay platform. There is no minimum term requirement, and you may continue using the platform until you choose to terminate your account. The agreement becomes effective when you click 'Join' and accept these terms during the signup process.

Account Termination

Either you or Nestay may terminate your account at any time. Nestay reserves the right to terminate or suspend your account at any time, with or without notice, for access to any part of the platform.

Your account may be terminated or your property listing removed if:

A property or advertisement remains inactive for an extended period
We receive complaints from prospective tenants about user behavior
A property appears to be rented without the advertisement being removed
There are excessive inquiries for a property over an extended period

Such circumstances will be considered violations of Nestay's terms of service and may result in content removal or account termination.

Platform Usage and Property Advertisements

Independent Usage

When using the Nestay Platform, you act exclusively on your own behalf and for your own benefit, not on behalf of or for the benefit of Nestay. We provide tools for self-management of your property, but we are not managing the property in any capacity and will not be engaged as a property agent or resident letting agent.

Advertisement Review Process

All property advertisements must be approved by our team before publication as a standard listing
Advertisements that don't comply with these terms will be disapproved and won't be published
You'll be notified to make necessary changes before publication
Failure to make required changes may result in account suspension or termination

Advertisement Guidelines

You may remove ads from your account at any time
Multiple properties cannot be advertised in a single ad
Continuous advertising attempts are not permitted

Prohibited Activities

Using the Platform for any illegal or unauthorized purpose.
Posting false, misleading, or fraudulent listings.
Harassing, threatening, or harming other users.
Attempting to gain unauthorized access to any part of the Platform or its related systems or networks.
Modifying, making derivative works of, disassembling, or reverse engineering any part of the platform.

Communication Agreement

By using Nestay, you agree to receive notices from other users via your registered email address.

Landlord Consent Requirements

You acknowledge and understand that if your lease agreement requires landlord consent for subletting or short-term rentals, you must obtain such consent before listing your space on the Nestay platform. This is a legal requirement in many jurisdictions, and failure to obtain necessary landlord consent may constitute a breach of your lease agreement.

By listing your space on Nestay, you represent and warrant that either:

You have obtained all necessary landlord consents required under your lease agreement, or
Your lease agreement does not require landlord consent for subletting or short-term rentals

You agree that Nestay bears no legal responsibility or liability for any consequences that may arise from your failure to obtain required landlord consent, including but not limited to:

Lease violations
Evictions
Legal disputes with your landlord

Intellectual Property Rights

You must respect our proprietary rights in the Websites and the software used to provide the platform's capabilities. These proprietary rights include patents, trademarks, service marks, and copyrights.

Restrictions

Unless legally prohibited or with our written permission, you may not:

Copy, modify, distribute, sell, or lease any part of our platform or included software
Reverse engineer or attempt to extract the source code of our software

Compliance Rules

Residential Tenancy Compliance

When using Nestay to rent your residential property, you must comply with the Residential Tenancy Act and Regulations applicable to the State or Territory where your rental property is located. Violation of these laws may result in account suspension or termination.

Property Advertisement Compliance

When advertising your property through Nestay, you must abide by the laws governing the rental of residential property in your state. Non-compliance with these laws may lead to account suspension or termination.

Legal Advice and Information Accuracy

Information on our platform or provided by our Team should not be considered a substitute for professional legal, financial, commercial, or professional advice
You should seek independent legal advice for your specific situation
While we strive for accuracy in all information provided, no warranty is made regarding the accuracy of information provided by the Nestay Team

Authority to Act

The following documents constitute the entire agreement and supersede all prior agreements, representations, and understandings:

Nestay Terms and Conditions
Privacy Policy
Acceptable Use Policy
Any Additional Terms you've agreed to

These agreements provide authority to undertake necessary actions related to your property, including but not limited to:

Advertising properties
Obtaining references
Entering into and signing tenancy agreements
Managing rental payments
Expense tracking
Maintenance tasks
Partner services

Acceptable Use Policy

The actions users take can have an impact on our platform and other users. Users must follow this Acceptable Use Policy, as violations may result in account suspension or termination.

Prohibited Actions

Advertising anything other than a Property for Rent
Providing incorrect descriptions in Property Advertisements
Incorrect use or misuse of photos in Property Advertisements
Displaying images that are not of the advertised property
Providing false property addresses
Uploading, posting, or transmitting unacceptable material
Continuing to advertise when not actively seeking a tenant
Engaging in unacceptable or inappropriate communication

Fair Use Policy

Use of the Nestay platform to find a tenant and manage a property is governed by a fair use policy and what is deemed to be reasonable.

In the event that an account has not been accessed for a considerable period of time, the account will be reviewed by the Nestay Team and may be removed from the site.

Liability

To the maximum extent permitted by law, you acknowledge and agree that the entire risk arising out of access to and use of the Nestay platform remains with you.

Release of Liability

You agree to release Nestay officers, directors, and employees harmless from and against any claims or liabilities arising from use of Nestay.

Indemnification

You will hold and keep indemnified Nestay against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made in the course of or arising out of the performance or exercise of the duties or authorities using the Nestay Platform or in this agreement.

Platform Updates and Modifications

Nestay reserves the right to modify, suspend or discontinue, temporarily or permanently, the platform or any service to which it connects, with or without notice and without liability to you.

Updates may modify or delete certain features and/or functionalities of the platform. You agree that Nestay has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the platform to you.

Liability and Disclaimers

Platform Role

Nestay acts solely as a platform for facilitating connections between hosts and guests (stayers). We do not guarantee the accuracy, reliability, or quality of any listings or user interactions.

Limitation of Liability

Under no circumstances shall the Nestay team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site.

Nestay is not liable for any issues arising between users before, during, or after lease agreements made through the Platform.

Term and Termination

This Agreement shall remain in effect until terminated by you or Nestay. Nestay may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

Upon termination of this Agreement, you shall cease all use of the platform and delete all copies of the platform from your computer.

Termination of this Agreement will not limit any of Nestay's rights or remedies at law or in equity in case of breach by you of any of your obligations under the present Agreement.

Contact Us

If you have any questions about these Terms & Conditions, please contact us:

legal@nestay.com.au

nestay.com.au