Terms & Conditions

Last updated: 10/09/2022

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING Stayque.

1. Preamble

Whether you’re a real estate owner, property manager, hotelier or hostel manager interested in short term sub-leasing of your property/properties (“Registered Property Manager“) welcome to the Stayque web interface (“Stayque”).

Please read the following Terms of Service carefully before using Stayque so that you are aware of your legal rights and obligations with respect to Stayque, vis-à-vis our Company, Stayque Ltd. (“we“, “us”, “our“, “Company“).

By accessing or using Stayque, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Service (the “Terms“).

We reserve the right, at our discretion, to change these Terms at any time, and your continued use of the Stayque and/or any of the Services thereafter means that you accept those changes, except for changes to our Data Protection Policy, upon which the provisions set out therein shall apply regarding prior notice and/or consent.

You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

If you do not agree to be bound by these Terms please do not use Stayque.

Permission to Use. We hereby grant you permission to use Stayque, provided that you comply with these Terms and applicable law (“License“).
Restrictions on Use of Stayque. You agree not to, and shall not permit any third party to:
copy, distribute or modify any part of Stayque without our prior written authorization;
use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein;
disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of Stayque;
circumvent, disable or otherwise interfere with security-related features of Stayque or its features that prevent or restrict use or copying of any content or that enforce limitations on use of Stayque;
remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via Stayque;
use any communications systems provided by Stayque to send unauthorized and/or unsolicited commercial communications;
use the Stayque name, logo or trademarks without our prior written consent; and/or
use Stayque to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.

2. User Obligations

Our Registered Property Managers are responsible for the acquisition of rights to the content that they upload to Stayque and represent that they thereby do not violate the rights of any third parties.
Our Registered Property Managers are responsible and represent that they have the rights and/or authorization in the properties that they upload details on through Stayque, when applying for receipt of the services to Registered Property Managers.
You hereby warrant and guarantee that you will not to use the Stayque services to create content that:
is not objective or intentionally untrue,
immoral, pornographic or in any other way offensive,
infringes upon the rights of third parties, in particular copyright,
violates applicable laws in any way or constitutes a criminal offense,
contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers,
is a survey or chain letter,
is aimed at collecting or using personal data from other users, especially for commercial purposes.

3. Services

Stayque shall provide management and operation services between the Company and our Registered Property Managers’ clients/guests, including, without limitation, automated tools and wizards, guest’s app and additional services. The Registered Property Managers will be granted access to Stayque’s web application, in which Registered Property Managers will be able to control and adjust the platform in real-time.

4. Intellectual Property Rights

Ownership: Stayque is licensed and not sold to you under these Terms and you acknowledge that Stayque and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to Stayque. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or local.
Content: The content on Stayque, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials“), and the trademarks, service marks and logos contained therein (“Marks“, and together with the Materials, the “Content“), is the property of Us and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All other Marks used on Stayque are the trademarks, service marks, or logos of their respective owners.
Use of Content: The content on Stayque is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Our prior written consent.‍
Information We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on Stayque is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.

5. Privacy

Consent and Modification. You are not legally obligated to provide us with Personal Information, and you hereby confirm that providing us with Personal Information is at your own free will. By using Stayque (including the Services), you consent to the terms of our privacy policy set forth herein (“Privacy Policy“) and to our collection, processing and sharing of Personal Information for the purposes set forth herein.

If you do not agree to this Privacy Policy, please do not access or otherwise use Stayque and/or any of the Services. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to the Account Information.

6. Warranty Disclaimers

Stayque IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT Stayque WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF Stayque.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, Stayque, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE Stayque, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO US FOR RECEIVING THE RELEVANT SERVICE.
Stayque AND THE Stayque AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT
You agree to defend, indemnify and hold Us harmless and similarly to defend, indemnify and hold our affiliates, and our respective officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, Stayque; (ii) your violation of these Terms; and (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

8. Term and Termination

Your right to use Stayque will automatically terminate if you violate these Terms of Service or our Data Protection. In case of such termination, we may terminate your access to Stayque without notice and you will not receive a full or partial refund of any fees already paid. Our failure to insist upon or enforce your strict compliance with the Terms of Service or any other Data Protection Policy will not constitute a waiver of any of our rights.
Our business may change over time and we reserve the right to modify Stayque or any services offered through Stayque. We also reserve the right to suspend or discontinue Stayque or your use of Stayque, in whole or in part, at any time with or without notice and without liability to you.
In the event that we exercise such right, you may be entitled to a full or partial refund, in our sole discretion, if you are a member of a reoccurring payment plan or with respect to any transaction you’ve made.
Upon termination of these Terms, you shall cease all use of the These Sections 6 (Intellectual Property Rights), 8 (Privacy), 9 (Warranty Disclaimers), 10 (Limitation of Liability), 13 (Governing Law and Disputes) to 14 (General) shall survive termination of these Terms.

9. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Stayque without restriction or notification.

10. Governing Law and Disputes

These Terms of Service shall be interpreted and construed in accordance with the laws of England and Wales, without application of any principles of choice of laws. Should any dispute arise, the you agree to use all reasonable efforts to attempt to resolve the dispute in good faith by senior level negotiations. If the dispute is not resolved through negotiation, you agree that the Courts of England will have exclusive jurisdiction in connection with the resolution of the dispute.

11. General

These Terms, and any other legal notices published by us in connection with Stayque, shall constitute the entire agreement between you and us concerning Stayque. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO Stayque MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Website Services Use Eligibility

If you are under the age of 18 or the applicable legal age of majority in your jurisdiction, you can use the Services and any other services provided by this Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service.
By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

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