Purpose
These Terms and Conditions outline the proper usage of the Stays at The Chambers website for its visitors. This document may also be referred to as terms of use, terms of agreement, or terms of service.
Our Terms and Conditions cover:
•Defining the stakeholders
•Proper usage of the website and its contents
•Improper usage of the website and its contents
•Termination of accounts
•Third-party terms and conditions
•Users’ rights to usage
•Validity and modifications of the agreement
Table of Contents
1.Definitions
2.User Requirements
3.Limitation of Business Activity
4.Use of the Services
5.Prohibited Use
6.Fees, Payments, Refunds
7.Termination
8.Links to Third-Party Websites and Services
9.Disclaimer
10.Limitation of Liability
11.Personal Data
12.Intellectual Property Rights and Customer Content
13.Indemnity
14.Force Majeure
15.Changes to the Terms & Conditions
16.Severance
17.Non-Waiver
18.Assignment
19.Third-Party Rights
20.Governing Law and Jurisdiction
Access to and use of the Services (as defined below) is subject exclusively to these terms and conditions (“Terms of Service”). By using services on [www.staysatthechambers.com], the Customer fully accepts these Terms of Service, including the Privacy Policy (available at: [www.staysatthechambers.com/Privacy]), and the Data Processing Addendum (“DPA”). If the Customer does not accept these Terms of Service, including the Privacy Policy and the DPA, the Customer must immediately stop using the Services. If the Customer continues to use the Services, it will be deemed as acceptance of these Terms of Service.
If you have any questions or comments regarding these Terms of Service, please contact us at info@staysatthechambers.com.
1. Definitions
a) “The Chambers”, “we”, “us” or “our” refers to Stays at The Chambers.
b) “The Chambers Website” refers to www.staysatthechambers.com.
c) “Services” refer to all services provided by The Chambers, including booking and payment systems, managing reservations and payments, and responding to Customers via our reservation system.
d) “Customer” refers to either the person who registers for a Customer Account on his/her own behalf or the organization where the person registers for a Customer account on behalf of an organization.
e) “Customer Account” refers to the account which the Customer creates on www.staysatthechambers.com to access and use the Services.
f) “Property” refers to any form of accommodation displayed by the Customer or a third party channel and offered for rent using the Services.
g) “Content” means text, graphics, images, music, software, audio, video, information, or any other form of data.
h) “Customer Content” refers to Content provided by the Customer as part of using the Services.
2. User Requirements
a) To access and use the Services, the Customer must provide contact information and maintain accurate, current, and complete information at all times.
b) If the Customer is an organization, the person using the Services on its behalf warrants that he/she has the authority to bind the organization to these Terms of Service.
c) Individual Customers must be at least 18 years old to use the Services.
d) The Customer is responsible for maintaining the confidentiality of its Customer Account and shall not disclose its password to any third party.
e) The Customer is responsible for all activities and Content that occur under its Customer Account.
3. Limitation of Business Activity
a) The Chambers is not responsible for any rental transactions, booking arrangements, or property management issues. The Chambers is not a party to any rental contract.
b) The Customer acknowledges that The Chambers has no obligation to store, maintain, or provide a copy of any Customer Content. It is the Customer’s sole responsibility to back up its Content.
c) The Customer is solely responsible for the operation of their activity on The Chambers Website, including business conducted, statements made about properties, and interactions with The Chambers.
d) The Customer shall ensure that the scope of our role in relation to The Chambers Website is clearly communicated to users and that no statement misrepresents this.
4. Use of the Services
a) The Customer agrees to access and use the Services only for vacation rental purposes.
b) The Customer agrees to comply with all applicable laws and regulations.
c) The Customer acknowledges that information about the Properties will be made available to the public and may be sent to partner websites for advertising.
d) The Customer is responsible for ensuring that The Chambers Website complies with applicable law and for drafting, displaying, and enforcing terms of use and privacy policies.
e) If the Customer operates in a similar business to ours, we reserve the right to refuse services and terminate these Terms of Service immediately.
f) We may modify, replace, refuse access to, suspend, or discontinue the Services at any time at our sole discretion.
5. Prohibited Use
a) The Customer shall not:
•License, sell, rent, lease, transfer, assign, distribute, display, disclose or commercially exploit the Services.
•Access the Services to build a competing product or service.
•Attempt to copy, modify, create derivative works of, or reverse engineer any part of the software used by us as part of the Services.
b) The Customer is prohibited from:
•Using The Chambers Website and Services in a manner that affects performance or functionality.
•Impersonating anyone or misrepresenting affiliations.
•Using any automated device to monitor, copy, or keep a database of the Customer Content.
•Sending unsolicited advertising or promotional materials.
c) The Customer agrees not to post any Content that:
•Infringes on third-party rights.
•Violates any laws or encourages conduct that would give rise to civil liability.
•Is fraudulent, false, or misleading.
•Promotes discrimination, violence, or illegal activities.
d) We reserve the right to remove any Customer Content that breaches these Terms of Service and to indemnify us against all damages resulting from such breaches.
6. Fees, Payments, and Refunds
a) Services are provided for the fees described on The Chambers Website. Fees are exclusive of value-added tax.
b) We reserve the right to change fees and introduce new charges with 30 days’ notice.
c) Services canceled by the Customer prior to contract completion are not subject to a refund.
d) If the Customer fails to comply with these Terms of Service, no refunds will be provided upon termination.
e) The Customer agrees to allow us to store and charge their payment card for fees and applicable taxes.
f) All fees shall be paid in the currency specified unless otherwise agreed.
7. Termination
a) Our contract with the Customer begins when the Service is used on The Chambers Website and continues until terminated.
b) The Customer may terminate the contract without cause by following the cancellation procedures.
c) We may terminate the contract without cause at any time with one month’s notice.
d) We may terminate the contract immediately if the Customer fails to comply with these Terms of Service, if the Services are discontinued, or if providing the Services becomes unlawful.
e) Upon termination:
•The Customer must cease use of the Services.
•We have the right to delete all data stored.
•Any accrued rights or liabilities up to the date of termination will not be affected.
8. Links to Third-Party Websites and Services
a) The Chambers Website may contain links to third-party websites. We are not responsible for the content or transactions with these websites.
b) Third-party services provided through The Chambers Website are subject to the terms and conditions of those third parties.
9. Disclaimer
a) The Services are provided “as is” and “as available.”
b) We do not guarantee uninterrupted or error-free functionality.
c) We are not responsible for any data loss or corruption, except as stated in our Privacy Policy.
10. Limitation of Liability
a) We are not liable for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
b) We are not liable for loss of profits, business, goodwill, data, or any indirect, special, or consequential loss or damage.
c) Our total liability is limited to the fees paid by the Customer in the 12 months preceding the claim.
11. Personal Data
a) The Customer is the data controller, and we are the data processor for personal data processed on the Customer’s behalf.
b) The Customer must ensure the lawful transfer and processing of personal data.
c) Our Privacy Policy sets out how we handle personal data.
12. Intellectual Property Rights and Customer Content
a) We own all intellectual property rights in the Services and The Chambers Website.
b) The Customer warrants that they own or have a license for the Customer Content and will indemnify us against any breaches.
c) The Customer grants us a license to use their Content in connection with providing the Services.
13. Indemnity
The Customer agrees to indemnify us against all claims, actions, and damages arising from their use of the Services.
14. Force Majeure
a) We are not liable for breaches or delays caused by events outside our control.
b) We will take reasonable steps to minimize any delays or breaches.
15. Changes to the Terms & Conditions
We reserve the right to change these Terms of Service at any time. When changes are made, we will notify the Customer via email. The Customer’s continued use of the Services following any changes constitutes acceptance of those changes.
16. Severance
If any provision or part-provision of these Terms of Service is found to be invalid, illegal, or unenforceable, it shall be severed, and the remaining provisions shall continue in full force and effect.
17. Non-Waiver
Our failure to enforce any provision of these Terms of Service at any time shall not constitute a waiver of that provision or any other provision.
18. Assignment
a) The Customer shall not assign, transfer, charge, sub-contract, or deal in any other manner with any of its rights or obligations under these Terms of Service without our prior written consent.
b) We may at any time assign, transfer, charge, sub-contract, or deal in any other manner with all or any of our rights or obligations under these Terms of Service.
19. Third-Party Rights
These Terms of Service do not confer any rights on any person or party (other than the parties to this agreement and their successors and permitted assigns).
20. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them are governed by the laws of Victoria, Australia. Customers agree to the exclusive jurisdiction of the courts located in Melbourne, Victoria.
