Screenlyy Terms And Conditions
You agree to be bound by Our current Agreement as published on Our Site from time to time and You are responsible for ensuring that You check Our Site from time to time to ensure that You are aware of Our current Agreement and that any new, different or additional features changing the services provided by Us will automatically be subject to this Agreement
We will include in Our Site a notification as to the date on which the Agreement was last amended.
This Agreement is between Us, and You, Your heirs, agents and contractors and is made effective as of the date of our provision of services to You upon your request and consent. This Agreement sets forth the terms and conditions of Your relationship with Us and Your use of Guest.
If You fail or refuse to confirm Your agreement to be bound by Our terms and conditions by clicking the ‘I agree’ button on Our Site We reserve the right to deny You access or use of the Software.
1.1 We grant You a non-exclusive licence to use the Site, install the Software and use the Database on the Site:
1.1.1 on the terms of this Agreement;
1.2.2 subject to termination by Us at any time without notice, by notice with immediate effect or with effect at a future date specified in the Notice.
1.2 You agree that You will not:
1.2.1 allow use of the Site, Software or Database by anyone who has not read, understood and agreed to be bound by this Agreement;
1.2.2 modify, reverse engineer, decompile or otherwise analyse the Site, or Database so as to create any Software or Database capable of being used for purposes similar to those for which the Site, Software and Database is used by Us;
1.2.3 grant or purport to grant any rights in the Site, Software or Database to any other person or entity whether by way of transfer, lease, licence or otherwise and whether with or without any consideration;
1.2.4 disseminate, use, exchange, disclose or otherwise transmit any of the information you access on the Site, Database or Software to any other party, entity, or individual outside of this Agreement;
1.2.5 add any content to the Site:
18.104.22.168 unless You hold all necessary rights, licences and consents to do so;
22.214.171.124 that would cause You or Us to breach any law, regulation, rule, code or other legal obligation;
126.96.36.199 is or could reasonably be considered to be obscene, inappropriate, defamatory, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence or in breach of privacy;
188.8.131.52 that would bring Us, or the Site, into disrepute; or
184.108.40.206 that infringes the intellectual property or other rights of any person.
1.3 You acknowledge that:
1.3.1 we retain complete editorial control over the Site and Database and may alter, amend or cease the operation of the Site or Software at any time in our sole discretion; and
1.3.2 the Site and Database will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- COMPLIANCE WITH APPLICABLE LAWS
2.1 We draw attention to the fact countries and regions within countries whether described as states, regions, provinces, municipal, town, city or other areas each may have their own laws, regulations or by laws in respect of the installation and/ or use of the Site, Software and Database.
2.2 The Site, Software and Database may not be installed accessed or used by You if, and to the extent that such installation, access or use contravenes the laws, regulations or by laws of any relevant jurisdiction.
2.3 You must satisfy yourself as to the relevant laws, regulations and by laws applicable to Your before the installation, access to and use of the Software.
2.4 You agree that We have no liability to You for any loss or harm which You might suffer:
2.4.1 from any unauthorised use of Your account with Us; or
2.4.2 from any dealings between You and any third party connected with use of the Site, Software and Database;
2.4.3 from any error or omission in relation to information supplied to Us and entered into the Site, Our Software and Database.
- USE OF PERSONAL INFORMATION
3.2 We collect personal information used on Our Site and Database directly from Our subscribers. While every reasonable effort has been made to ensure that the information contained on the Site and Database is accurate and correct, we cannot guarantee it. No responsibility therefore is assumed for any inaccuracies or omissions contained on the Site and Database.
3.3 You agree to access and use the Site, Software and Database only to:
3.3.1 confirm the identity of any potential guest staying with You;
3.3.2 view the accommodation history of the potential guest in order for You to assess and determine their suitability in relation to their stay with You;
3.3.3 view the claim history of any guest marked by other subscribers of Our Site, Software and Database, including the description of the claim and whether or not the claim has been resolved; and
3.3.4 Submit a claim and rating of guests that have stayed with You based on whether or not the claim has been resolved;
3.5 We record and store the subscriber’s username and IP address as and when information relating to the guest is uploaded on our Database by the user in order to ensure that all entries can be traced back to a user in the event of a conflict. All search results and logins details are monitored within an internal auditing system managed by us. All entries and login details are date stamped and your IP address and account details recorded. Therefore any misuse of Our Site and Database can and will be traced back to the establishment’s point of access.
3.7 We store all personal information provided to Us on secure servers located within Australia.
3.8 We do not provide access to the information accessible and contained on our Site, Software and Database for any use other than as outlined in this Agreement.
4. METHOD OF PAYMENT AND REFUNDS
4.1. The GuestSeek Services are licenced on a subscription basis pursuant to the terms and conditions incorporated herein.
4.2. We may provide updates to the Screenlyy Services on a periodic basis, and any such updates will replace the prior version of the GuestSeek Services. Each version of the Screenlyy Services may operate differently and may have different, more, or fewer features than prior versions.
4.3 You shall not permit the use of any version of the Screenlyy Services by any other person that is not authorised to do so nor shall You use the GScreenlyy Services at any time after the license expires.
4.4. Each update will be deemed to be part of the Screenlyy Services and shall be governed by these Terms of Service.
4.5. All plans come with an initial 30-day free trial period.
4.6. If You do not provide your credit card details to Screenlyy within the 30-day free trial period, your account will be suspended and can only be reactivated by submitting your credit card information.
4.7 For all Business unlimited plans;
4.7.1 If You have provided credit card details before the end of your 30-day trial and have elected to continue with a paid plan, you will be billed monthly starting on the 30th day after your account was initially created.
4.7.2 All Business plans will be auto renewed at the end of your 30 day billing cycle.
4.8 All Basic Bundle and Premium Bundle plans will be;
4.8.1 Auto renewed;
4.8.2 At the end of the expiry date.
4.8.3 Once the number of allowed guest checks has been completed.
4.9.1 This yearly subscription fee will be waived for the first 12 months.
4.9.2 You acknowledge that your yearly subscription fee will be automatically charged at the end of your first 12 month period and will auto renew at the end of every 12 month period unless you cancel your account as outlined in the Terms and Conditions of this agreement.
4.10 Regardless of your billing cycle, there are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Downgrading your account may cause the loss of features, or capacity of your account. GuestSeek does not accept any liability for such
4.11 You must ensure that You have sufficient credit available to allow payment of any moneys which may become payable to Us by You pursuant to this Agreement.
4.12 You must maintain the availability of credit on the credit card or any replacement card of which details are provided to Us while this Agreement continues and until all moneys due to Us have been paid.
4.13 You irrevocably authorise Us to charge to Your credit card any payments which are due to Us at any time and from time to time under this Agreement.
4.14 You agree that We will not be liable for any unauthorised use of Your credit card or any accounts in connection with Our Software or this Agreement unless and to the extent that the loss results from gross negligence or deliberately wrongful acts on Our part.
4.15 Screenlyy provides an interface for the account owner, to change credit card information (e.g., upon card renewal). The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application.
5. CANCELLATION AND TERMINATION
5.1 You are responsible for properly cancelling your account.
5.1.1 The account owner can cancel the account at any time by clicking on the Manage Billing link in the global navigation bar at the top right of the screen. There are no other means of cancelling your account.
5.2 All of your property setup and Guest data will NOT be immediately deleted from the Service upon cancellation, That information will be stored for a period of one year, at which point, if the service is not re-established by the account holder, the account will be closed and the property setup data removed from our servers.
5.2.1 This information cannot be recovered once your account is closed. All Guest data including but not limited to personal information, reviews and incidences that you have added to the Screenlyy network will be continued to be accessible to our subscribers who have the authority to do so.
5.2.2 If You cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
5.3 Screenlyy reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Screenlyy believes that You have violated these TOS.
5.4 Screenlyy will use best efforts to publish on the Site or notify You about any planned downtime of the Service and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account.
5.5 Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Screenlyy shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
6.1 We warrant that the Software can be used by You for a period of not less than sixty (60) days from the date on which You subscribe to this Agreement.
6.2 Otherwise We give no warranty that the Software is or will remain free of error or secure or can be used without interruption.
6.3 Our maximum liability to You in the event of any failure of the Software will be to:
6.3.1 repair the Software;
6.3.2 replace the Software;
6.3.3 pay the cost of repairing or replacing the Software; or
6.3.4 refund any money paid by You to Us pursuant to this Agreement.
6.4 Under no circumstances will We be liable to You for any damage which may be caused to Your computer hardware or any other Software installed in Your computer by installation or use of the Software.
6.5 Except and to the extent only that any obligations or liability cannot be excluded by law in any relevant jurisdiction:
6.5.1 no warranties as to merchantability or fitness for purpose are given by Us;
6.5.2 We will not be liable for any direct, indirect or consequential damages, economic loss, punitive or exemplary damages or loss of any kind (including, without limitation, loss of use, loss in value of any asset, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by and/or arising from, any act or omission whatsoever of Us, its employees, agents or contractors including as a result of any error or misinformation supplied to Us by You, Your agents or Your Guests;
6.5.3 the United Nations Convention on Contracts for International Sale of Goods will not apply to this Agreement;
6.5.4 You accept the Software as supplied free of any warranties, terms and conditions whether expressed or implied not set out in this Agreement.
6.6 You warrant that:
6.6.1 You have read and understood this Agreement;
6.6.2 Your Agreement with Us and any activities pursuant to it will not constitute a breach or non-compliance with any relevant law of any applicable jurisdiction.
7. INTELLECTUAL PROPERTY
7.1 You acknowledge and agree that:
7.2 You are permitted by this Agreement to use Our intellectual property for the purposes of and in accordance with this Agreement only;
7.3 by posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and licence to use that content in any way (including without limitation, by reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same thing;
7.4 We reserve all rights in and to Our intellectual property including without limitation:
7.4.1 Our confidential information;
7.4.2 Our Database;
7.4.3 Our trademarks, logos, artwork and designs;
7.4.4 the Software;
7.4.5 the Site;
7.4.6 Our copyright;
7.4.7 Our know how and methods;
7.4.8 Our financial information including costings, budgetary matters, margins, profits and costs.
7.4.9 Intellectual Property for the purposes on this Agreement includes all matter which is properly understood to be intellectual property whether registered or unregistered and whether or not capable of registration.
7.4.10 Confidential Information includes all information which is expressed by Us to be confidential or which would ordinarily be considered to be confidential in its nature.
8. SERVICE OF NOTICES
8.1 Any document or notice which is required to be served or delivered by one Party on or to another Party pursuant to or in connection herewith may be served or delivered:
8.2 by post or personal delivery, or
8.3 by facsimile transmission from one Party to the other Party, or
8.4 by email;
8.5 at the last known place of residence or business of a Party and if the Party has an office registered pursuant to any legislation, at that office.
8.6 Service by facsimile transmission or email shall be deemed to have been made at the time that the facsimile transmission was made. Service by facsimile transmission received after 17.00 hours on any day shall be deemed to have been effected on the next normal business day in the recipient’s jurisdiction. Service by facsimile transmission or email shall not be deemed effective if the sender’s machine indicates that a complete transmission has not been effected or if the recipient notifies the sender promptly after receipt of a partial transmission that the transmission has not been completed.
8.7 Where the context so admits or requires any reference to the singular number shall include the plural number and vice-versa.
8.8 Where the context so admits or requires any reference to the masculine, feminine or neuter gender shall include each other gender.
8.9 Any covenant, term or condition of this Agreement which is expressed to be for the benefit of more than one person shall be for the benefit of each of such persons severally and for both or all of such persons jointly.
8.10 Any covenant, term or condition of this Agreement which is expressed to be binding on more than one person shall be binding on each of such persons severally and on both or all of such persons jointly.
8.11 In this Agreement where the context so admits or requires any reference to a person shall include a company.
8.12 This Agreement shall be subject to the law and to the exclusive jurisdiction of the Courts of New South Wales Australia.
8.13 Notwithstanding that any covenant, term or condition of this Agreement or any aspect thereof is found to be void, voidable or unenforceable for any reason the remainder of this Agreement shall remain in full force and effect.
8.14 Any reference to a person shall where the context so admits or requires, include the heirs, executors, assigns and legal personal representatives of that person.
8.15 If and whenever:
(a) Any provision or any part thereof of this Agreement or;
(b) By virtue of any provision of this Agreement any transaction or part thereof evidenced or contemplated by this Agreement or any act, matter or thing done or omitted to be done by any Party hereto in relation to or in connection with any such transaction or any provision in this Agreement
– would at the date hereof or at any time hereafter but for the provisions of this clause be void, voidable or unenforceable under any law of Australia or of any of its states or territory or any regulation thereunder this Agreement shall be construed as if such provision was modified or amended to the extent necessary to cause such provision or part thereof not to be void, voidable or unenforceable including if necessary excluding the provision.
8.16 Where there are statements as to any matter in this Agreement which are not attributed to any of the Parties and which are not expressed to be warranties or representations those statements are to be treated as recitals notwithstanding that they are not included in the statement of circumstances in which the Agreement is made.
8.17 The currency of this Agreement is the US Dollar and any reference to a dollar amount is a reference to US Dollars.
9.1 In this Agreement:
9.2 Agreement means these Terms and Conditions as added to, modified or deleted from time to time;
9.3 Database means the compilation of names, nationalities, addresses, birthdates, passport numbers, claims, reports and other information stored by Us in relation to providing our services to our subscribers;
9.4 Guest means an individual provided with paid accommodation and services by Our Subscribers;
9.5 Site means the internet Site established and operated by Us as modified from time to time;
9.6 Software means the computer Software developed by and for Us for the establishment and operation of Our system to facilitate and run Guest Seek or any other name or names which We may adopt from time to time and includes the whole or any part of the Software, its source code and object code;
9.7 Subscriber means a party who has paid the Our subscription fee and has been granted access to our Software and Database by Us, including any other person using the Subscriber’s Software, user name and password to access Our Database.
Effective Date: 1st August 2019