When used in these Terms ‘Staylonger’, ‘we’ or ‘us’ refers to Stay Longer Mid Term Rentals Pty Ltd with whom you are contracting, or their valid assignee.

You are reading a legal document which constitute the Terms between you (the ‘Host’ who we also refer to as ‘you’, ‘your’ in these Terms).

It is expressly agreed between the parties that Staylonger runs the Platform that facilitates Bookings of your Properties for Guests, and Staylonger is not a representative of the property as an agent in any formal capacity.

The standard of the Property must be at all times presented to the standard expected by Staylonger and agreed with you from the commencement of the booking, inclusive of that presented in the images and any description of the Listing on the Platform.

Staylonger reserves the right to request changes to a Property or its Listing, including the quality and presentation of photos and text associated with the Listing, which shall be actioned by you.

Staylonger may request your reasonable assistance in inspecting the Property from time to time for the purposes of assessing the standard of Property, or otherwise.

If the standard is deemed by Staylonger to have fallen below the expected standard, or is otherwise in breach of laws, regulations, safety requirements or any rules of a body corporate or owners corporation, and you fail to bring this to an adequate standard in a reasonable time, Staylonger may suspend or terminate the Listing on the Platform at its discretion, and be released from any obligations to Host at that time.

Staylonger ensures that Guest data is encrypted, tokenised (with no raw card data stored on its servers) and managed in accordance with the Privacy Policy and applicable laws and regulations.

Staylonger will share Guest data with you as required to manage the Booking and Guest arrival and stay.

You warrant and agree to:

• Comply with the Terms, including any Applicable Policies and the Guest Agreement at all times;
• Ensure the Property is clean, safe, and in good condition for Guests upon check-in, and that the Property complies with applicable laws and regulations at all times as appropriate for the Booking;
• Respond to Guest enquiries and booking requests within a reasonable time;
• Ensure that the Listing is accurate and up to date at all times;
• Provide accurate and complete information about the Property, including any restrictions, House Rules, and relevant policies;
• Ensure that you have the right to list the Property on the Platform, including any necessary consents from property owners, body corporates, or other relevant parties;
• Maintain appropriate insurance coverage for the Property, including but not limited to public liability insurance;
• Comply with all applicable laws, regulations, and industry standards relating to the provision of accommodation services;
• Notify Staylonger promptly of any changes that may affect the Listing, Bookings, or the Guest's stay;
• Cooperate with Staylonger in resolving any disputes or issues that may arise in connection with Bookings or Guests;
• Not engage in any conduct that may bring Staylonger or the Platform into disrepute;
• Not circumvent the Platform for Bookings or payments;
• Ensure that any information provided to Staylonger is accurate and not misleading;
• Pay any amounts owing to Staylonger or Guests as required by these Terms or any Applicable Policies; and
• Act in good faith in all dealings with Staylonger and Guests.

You grant to Staylonger a non-exclusive, royalty-free, non-transferable, worldwide licence to use the Listing Materials for the purposes of promoting and facilitating Bookings of the Properties on the Platform and through any available channels.

The Listing Materials must be accurate, not misleading, and comply with all applicable laws and regulations.

You are responsible for ensuring that the Listing Materials do not infringe the intellectual property rights of any third party.

Staylonger reserves the right to edit, modify, or remove any Listing Materials that do not comply with these Terms or the Platform’s standards, at its discretion.

If you add Listing Materials to the Platform that Staylonger deems to be of a low quality, Staylonger may request that you update the Listing Materials to meet the Platform’s standards and may be supported by the Staylonger team.

Any intellectual property, including the Platform and related technology, software, tools, data, analytics, trademark or otherwise, remain the property of Staylonger. You must not directly or indirectly copy, modify, create a derivative work from or reverse engineer any intellectual property of Staylonger without our prior written consent.

Any Listing Materials or Property data that you provide to Staylonger remain your property. However, by providing such materials, you grant Staylonger a licence as described in the Listing Materials section above.

You agree that you will not disclose any confidential information, Guest data, or other sensitive information obtained through the Platform or from Staylonger without prior written consent, except as required by law.

You must comply with all applicable privacy laws and regulations in relation to any personal information that you receive or collect through the Platform.

Staylonger’s Privacy Policy governs the collection, use, and disclosure of personal information by Staylonger.

You must notify Staylonger immediately if you become aware of any data breach or unauthorised access to personal information obtained through the Platform.

To the extent permitted by law, Staylonger’s liability to the Host for all losses arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fees paid or payable to the Host under these Terms in the twelve (12) months prior to the event giving rise to the claim.

Subject to (a) above, Staylonger shall not be liable for:

• indirect or consequential losses;
• loss of profits, revenue, or anticipated savings;
• loss of data or goodwill; or
• any losses arising from events beyond Staylonger's reasonable control.

Nothing in these Terms excludes or limits the liability of any party for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation.

Cancellations are governed by the applicable cancellation policies:

• For Host cancellations, please refer to the Host Cancellation Policy.
• For Guest cancellations, please refer to the Guest Booking Terms.

In the event of a cancellation, the relevant cancellation policy will determine any refunds, fees, or other consequences that may apply.

Any disputes arising out of or in connection with these Terms will be handled in accordance with the dispute resolution provisions set out in the Guest Booking Terms, where applicable, or otherwise in accordance with applicable laws.

Staylonger may, at its discretion, facilitate communication between the Host and Guest to resolve any disputes, but is not obligated to do so unless required by law.

Neither party shall commence legal proceedings in respect of any dispute arising under these Terms unless they have first complied with the dispute resolution process set out above, except in the case of urgent interlocutory relief.

Any notice required to be given under these Terms must be in writing and may be delivered by email to the relevant party’s registered email address.

Notices to Staylonger should be sent to [email protected].

Notices are deemed received at the time of delivery if sent by email and the sender has not received a delivery failure notification.

Neither party will be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, pandemics, government actions, war, terrorism, strikes, or failure of third-party systems.

These Terms constitute the entire agreement between you and Staylonger regarding the subject matter herein, and supersede all prior agreements, understandings, and representations.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Staylonger may assign or transfer its rights and obligations under these Terms without your consent.

These Terms are governed by the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

Staylonger reserves the right to amend these Terms at any time. Any changes will be communicated to you and will take effect from the date specified in the notice.

In these Terms, the following definitions apply:

• "Applicable Policies" means any policies, guidelines, or procedures published by Staylonger on the Platform from time to time, as amended.
• "Booking" means a confirmed reservation of a Property by a Guest through the Platform.
• "Booking Confirmation" means the confirmation of a Booking by the Platform.
• "Channel Partner" means a third-party platform or service that distributes Listings on behalf of Staylonger.
• "Cleaning Fee" means the fee charged to the Guest for cleaning of the Property, as set by the Host.
• "Commission" has the meaning given in the Fees and Payments section.
• "Fees" means all fees, charges, and amounts payable under these Terms, including Commission, Platform Fee, and other applicable charges.
• "Guest" means the individual who books a Property through the Platform.
• "Guest Agreement" means the agreement between the Guest and the Host, facilitated by Staylonger, governing the Booking.
• "Host" means the person or entity that lists a Property on the Platform for Booking by Guests.
• "House Rules" means the rules and guidelines set by the Host for the Property, as displayed on the Listing.
• "Instant Booking" means a Booking that is confirmed immediately without requiring Host approval.
• "Listing" means the presentation of a Property on the Platform, including all associated information, images, and other materials.
• "Listing Materials" means all photographs, descriptions, and other content provided by the Host for use on the Platform.
• "Platform" means the Staylonger website, mobile applications, and any related technology used to facilitate Bookings.
• "Platform Fee" means the fee charged to the Guest for use of the Platform, as determined by Staylonger.
• "Privacy Policy" means the Staylonger Privacy Policy, available on the Platform.
• "Property" means any residential property listed on the Platform by a Host for the purpose of short or mid-term accommodation.
• "Security Hold" means the pre-authorised hold on a Guest's credit/debit card as security for the Property, as described in the Guest Agreement.
• "Services" means the services provided by Staylonger under these Terms, including the Booking Services and any additional services.
• "Start Date" means the date on which the Host's Listing is first published on the Platform.
• "Stay Fee" means the total accommodation fee for a Booking, as displayed on the Listing.
• "Term" means the period from the Start Date until the termination of these Terms in accordance with their provisions.
• "Website" means www.staylonger.com.au and any related subdomains.